FedEx Delivery Times Delayed, Customers Denied Refunds, Alleges Class Action Lawsuit

FedEx Delivery Time Delays Class Action Lawsuit Overview:

• Why: The plaintiff accuses FedEx of breach of contract for failing to deliver a package on time and issue a refund.
• Who: A FedEx customer filed a class action lawsuit against the shipping company.
• Where: The class action lawsuit was filed in Tennessee federal court.

A FedEx customer is suing the shipping company for breach of contract by its failure to deliver a package on time and refusal to refund the amount paid for the service.

The lead plaintiff is Hawaii resident Siala Taito, who says he sent a package via FedEx Express Priority Overnight shipping from a FedEx Office retail store in July 2021. Taito claims that without a FedEx account, he was unaware of the existence of any FedEx terms and conditions, nor was he made aware of any terms and conditions by the FedEx store employee when Taito made his purchase totaling more than $500. FedEx then delivered Taito’s package two days late and has failed to refund any of the amount he paid. 

Taito seeks to represent consumers who purchased express package service at a FedEx Office store without charging the purchase to an account, whose package was not delivered on time by FedEx, and who were not given a refund. 

FedEx Inconsistent Delivery Time Terms and Conditions

FedEx makes only 71 percent of its Express deliveries on time, according to court documents. 

The complaint at hand stems from FedEx Express’ alleged practice of failing to deliver packages on time according to the promised delivery speed, which customers pay a premium for, then retaining the full charge despite the lack of fulfilled service. 

FedEx requires customers seeking a refund for FedEx Express service failure to provide notice within 15 days after purchase, a requirement that the complaint contends is documented on FedEx’s corporate website. 

However, these terms and conditions are not accessible to customers who buy express package service at a FedEx store, nor are FedEx Office representatives trained to “notify customers of the existence of the purported terms and conditions,” according to the complaint. The class action lawsuit claims that in-store customers who do not charge the purchase to a FedEx account “do not assent to” nor are “bound by” FedEx Express’s terms and conditions. 

The FedEx delivery time class action lawsuit seeks payment of damages in addition to interest and costs.

Have you ever experienced issues with FedEx delivery times or refunds? Tell us about it in the comments section below!

The plaintiff is represented by Robert L. J. Spence, Jr. and Andrew M. Horvath of Spence Partners and Paul D. Malmfeldt and Mark D. Liston of Malmfeldt Law Group P.C.

The FedEx Delivery Time Delay Class Action Lawsuit is Taito v. Federal Express Corporation, Case No. 2:21-cv-02599, in the U.S. District Court for the Western District of Tennessee Western Division.

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