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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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470 thoughts onFedEx Delivery Times Delayed, Customers Denied Refunds, Alleges Class Action Lawsuit
I would be happy to join this. I did not lose a lot of money with them for an overnight delivery fee, but even what I lost is a lot for me because I am a student. They treated me very badly on the phone, hanging up on me several times or transfering me to a departament that did not have anything to do with refunds. I even talked with a supervisor. I have the names of the people but they do not provide last names or employees IDs. I think they are really doing this on porpuse to people because they know that people do not have time to sue them or keep fighting. They are taking advantage of people and that is just wrong. They caused me a lot of stress, especially for the way they treat you when you call. I have proof that they failed to deliver on time, but they still hang up on me.
It’s been over 2 years now, and I have not received a dime from FedEx for all of the items that they have either damaged, stolen or simply cannot find. I’m not giving up! My whole picture framing business is shut down right now because of FedEx. I live in the state of Virginia and will drive to Tennessee to meet with the lawyers. All I have is time. If you are reading this and are a lawyer that can help me and the many others that are owed thousands and thousands of dollars from the FedEx corporation, please e-mail me now at erinskypilot8 @ Gmail . com —- I have all of my claims organized with photos, tracking numbers, etc. Need help getting my $ back from this incompetent fraudulent company. FedEX Claims owes us big!
I am currently having issues now with a refund. Placed a claim – DENIED, “I’m not the shipper.” Used my employer FedEx account as I’m the Office Manager, under my personal expense. Confirmed with the receiver package not received. Submitted a pic of FedEx website of tracking not delivered. Ask for my refund via my PayPal. They send a old picture of a delivery not even from the same year. And not to the correct shipping address claiming package is delivered, and they are not liable. When does their malpractice ends?
It doesn’t end. Let’s do something!
I am a small business owner in Richmond, VA area. Currently Fed Ex owes me thousands of dollars in insurance claims. Everything from damaged art prints, to employees opening my packages, not taping them back correctly, and falling out of the box, dropping my customer’s framed art at random houses in Tampa, FL, missing items, stolen, damaged. They took my insurance $ and have failed to send me one insurance claim check in over 18 months. One item is still in route, my tracking # says it’s still down the street after being shipped to New Orleans, arrived completely damaged, and sent back to me, which was never delivered. Fed Ex Claims says it was delivered, and denied my claim. I was never given any refund for the postage. As a single Mom who works around the clock, Fed Ex killed me this year. I’ll never see the $. Someone please contact me about what I need to do to start a lawsuit. I professionally frame pictures and have packed my pictures for close to 10 years. They owe me big! Not one person from claims has ever called me back. I make $50/hr . That is my current labor rate. I’ve spent close to 40 – 50 hours dealing with Fed Ex stores, managers, district managers, sales reps, and the claims department that is now outside of the United States. Good luck getting someone on the phone that speaks good English. Fed Ex failed! I want compensation for all of the damage they’ve done, all of the items they stole, all of the items they’ve damaged, and all of the hours I’ve spent dealing with their incompetence. They take your insurance $ and do not pay out claims.
I am a small business owner in Richmond, VA area. Currently Fed Ex owes me thousands of dollars in insurance claims. Everything from damaged art prints, to employees opening my packages, not taping them back correctly, and falling out of the box, dropping my customer’s framed art at random houses in Tampa, FL, missing items, stolen, damaged. They took my insurance $ and have failed to send me one insurance claim check in over 18 months. One item is still in route, my tracking # says it’s still down the street after being shipped to New Orleans, arrived completely damaged, and sent back to me, which was never delivered. Fed Ex Claims says it was delivered, and denied my claim. I was never given any refund for the postage. As a single Mom who works around the clock, Fed Ex killed me this year. I’ll never see the $. Someone please contact me about what I need to do to start a lawsuit. I professionally frame pictures and have packed my pictures for close to 10 years. They owe me big! Not one person from claims has ever called me back. I make $50/hr . That is my current labor rate. I’ve spent close to 40 – 50 hours dealing with Fed Ex stores, managers, district managers, sales reps, and the claims department that is now outside of the United States. Good luck getting someone on the phone that speaks good English. Fed Ex failed! I want compensation for all of the damage they’ve done, all of the items they stole, all of the items they’ve damaged, and all of the hours I’ve spent dealing with their incompetence. They take your insurance $ and do not pay out claims. That is FRAUD!
How can I get in on this class action? FedEx is screwing around with prescription medication shipments now