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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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471 thoughts onFedEx Delivery Times Delayed, Customers Denied Refunds, Alleges Class Action Lawsuit
I ordered a stroller for my old, blind and deaf min pin, 8lbs. It was ordered from Chewy on Sept 19th and was promised that FedEx would deliver it no later than Sept 22, 2021. It finally arrived Sept 26th. I texted them daily and was always told that it is in transit. Very dissappointed in FedEx.
I have experienced delays in my packages with FedEx. Please add me
PLEASE ADD ME
I have soo many orders delivered Fed ex and they ARE NEVER on time!!!! Then they act like you asking for shipping cost refund is a inconvenience, and don’t want to refund you. Fed ex is a complete nightmare of a delivery service.
I have had problems with pickup for FedEx. Please add me
I ordered govt docs to be delivered from Houston to our temporary home in Cabo San Lucas, Mexico. These docs were critical to getting out EU residency and they did not get delivered. In spite of NUMEROUS calls with Fed Ex in Mexico and US Intl they ended up “unclaimed” in spite of my calls and offer to come pick up the package. They attempted to deliver the package months later after we already left Mexico. Fed Ex US said there was nothing they could do as far as paying out the insurance and it was in Mexico’s jurisdiction. Never got the insurance reimbursement.
I ordered time sensitive govt docs to be delivered from Houston to our temporary home in Cabo. These docs were critical to getting out EU residency and they did not get delivered. In spite of NUMEROUS calls with Fed Ex in Mexico and US Intl they ended up “unclaimed” in spite of my calls and offer to come pick up the package. They attempted to deliver the package months later after we already left Mexico. Fed Ex US said there was nothing they could do as far as paying out the insurance and it was in Mexico’s jurisdiction. Never got the insurance reimbursement.
During the past year I have had numerous Fed EX Priority packages that I sent with time sensitive documents not delivered until 2 to 3 days later. Yet we paid for Priority shipping and were not refunded.
My package from fedex was out to deliver on a Monday and I had left to take my kids to school so I missed them (they never come at 848 am) and they told me everyday it would be on the next truck for delivery and everyday it didnt come until friday at 5pm they wouldnt refund my shipping
I ordered a time-sensitive, temperature-sensitive food item with 2 day shipping. It was lost for a week and delivered on day 9 with the rubberband packaging that was gummy and stuck together indicating it had been lost in a heated area. Refund denied and said to go to the place I purchased the item from. I contacted them and have heard no response either. I suspect their refund from FedEx was denied as well simply because it was delivered regardless that it was delivered in a condition that made it worthless.