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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
Typing everything that I have had to endure from FEDEX is not going to help ME!!! I want to either become part of a law suit against them OR I would like to know how I can start one of my own. When I am able to speak directly with someone who can help me with this, I will tell me MULTIPLE year long issues with FEDEX.
Compre un teléfono en 1200 dolar y FedEx me lo iba a entregar el 14 de febrero le pues aseguransa por 2 ańos al teléfono pero FedEx me entregó el paquete vacío solo con el resivo de compra y le llame para el reclamo pero me denegaron mi caso diciendo que si estaba el teléfono tengo cámara de video en la puerta de mi casa y se ve que el paquete cuando lo entrega está modificado y vacío FedEx y Walmart rechazaron mi reclamo y yo perdí 1200 dólares el martes 14 de febrero del 2023
Compre un teléfono en 1200 dolar y FedEx me lo iba a entregar el 14 de febrero le pues aseguransa por 2 ańos al teléfono pero FedEx me entregó el paquete vacío solo con el resivo de compra y le llame para el reclamo pero me denegaron mi caso diciendo que si estaba el teléfono tengo cámara de video en la puerta de mi casa y se ve que el paquete cuando lo entrega está modificado y vacío FedEx y Walmart denegaron mi reclamo y yo perdí 1200 dólares el martes 14 de febrero del 2023
I am presently embroiled in a dispute with FedEx. Apparently they forged a delivery signature rather than acquiring a genuine signature from the residents where they claim to have delivered my package. Contents was valued at $399 and was insured for the same. One month into this dispute FedEx has done nothing but stonewall. me. They even refuse to provide me with a copy of the signature they claim to have, which I most definitely know they do not have from the person they claim to have it from. At this point I am hoping to join a class action lawsuit over this matter.
i had legal documents that needed to arrive in Erie PA by Friday, January 13, 2023. I went to the local fedex and paid $39.30 for overnight stanard delivery with signature on Thursday, January 12, 2023. Delivery was attempted around 9am on Friday. I found out early afternoon that the fedex courier may have gone to the wrong building, because they said the building was closed. It was NOT closed. It is a federal
courthouse!! They were waiting for my package to be delivered on FRIDAY. I managed (somehow) to get through via phone around 2:15pm, to where my package was taken after this 1st “attempted” delivery. The girl i spoke with said it was my fault that i did not call their office by 1:30pm to request a second attempt!!! She said her courier WENT HOME at 2pm!! I told her she had 2 1/2 hours left to meet fedex’s promise to deliver by 4:30pm which is what i paid for. She said “sorry, i don’t have ANYONE to go to the courthouse to deliver your package. Meanwhile where she is located and the courthouse is only 5 minutes away!! Consequently, my package was not delivered! Monday was a holiday. Finally, fedex Did deliver my package, but it was late!!, on Tuesday, January 17, 2023. I called the 1-800 number and was put in a roboton phone system LOOP, with the final message saying to go online and file a claim, then “goodbye”, and hung up. I finally got through after an hour to a HUMAN BEING who told me to call another 1-800 number to get my invoice number. THAT number also said “goodbye”, when i hit the prompt to GET my invoice number. The robot voice said “since you don’t have an invoice number, we cannot help you! “Goodbye.”. What is going on with FedEX??? Fedex is the most messed up company i’ve ever had to deal with. I will never use them AGAIN and will not recommend them to others.
Unlike a lot of folks here out a ton of cash, I simply ordered a sweatshirt for Christmas on Black Friday. The sweatshirt rode around on a truck for a week or so, then they said it was delivered. When I called about it to tell them it was NOT delivered, suddenly it changed from ‘delivered’ to back at the Braselton, GA facility. They opened a ticket. It sat at the facility for days, then finally went back out on delivery. It rode around for another day or two, went back tot he facility, and then FINALLY, MIRACUOUSLY I got notification it was out for delivery that day and it actually showed up at my doorstep……a few days before Christmas. The original shipping was touted as “2 Day Shipping”, funny how that morphed into “One Month Shipping”.
Don’t even get me started with the fine folks up in Rabun County Georgia. They unfortunately have to use the Braselton, GA FedEx facility for their packages just like I do (we have a cabin up there) and on the local bulletin board, everyone talks about how they found packages dumped on the side of country roads and are trying to find the owners (photos for proof) and some are even doing the delivering for FedEx, lost packages; electronics packages sliced open, electronics removed, taped back and then delivered; businesses having to reimburse for delayed delivery etc..
FedEx is no longer a shipper, they are a criminal racket filled with delivery drivers stealing electronics; not completing routes and disposing of packages in bulk; randomly delivering packages to wrong addresses and the list goes on. How in the world can FedEx corporate not lose every single corporate account due to this negligence and outright theft!!!???
We ship hundreds of packages each year with FedEx Ground and Express.
We have had three claims in two years. The first two where denied only for us to have the claim re-opened.
The third, a $ 2900 claim due to mishandling, was denied three weeks before the package was picked up for inspection.
Why did they bother to pick up? Simple, get rid of the evidence.
In 15 calls to FedEx claims, I have been lied to, hung up on and given miss information.
We are in the process of contacting a lawyer and will never again ship with FedEx.
This is by far the most disgraceful thing I have experienced in 19 years in the E-Commerce business.
FedEx has no problem collecting insurance money on each package.
When they mess up and lose or damage your property, they do the best to stonewall you into frustration so you give up.
For example, we had $ 1100 claim started. The FedEx driver (who forged the customers initials) stole the package.
Initially FedEx Claims said no, the package was signed for. Turns out the customer was out of town and provided
us with travel receipts to prove he was not home at the time of the delivery, which we sent to Fedex.
The claim was short paid $ 960 and the shipping was not refunded about 90 days after the initial claim was put in.
The other claim last year was a package stolen off a customer’s porch. The package had signature required for deliver.
The drive, ignored the instructions and left the package. It went missing. Claim put in and FedEx denies it.
After 10 attempts to contact the claims dept, I got lucky and got an agent that had a brain. He immediately approved the claim.
It took 5 months total, to get paid.
Way to go FedEx!
I ordered a replacement part (an oven heating element) from Maytag 12/22/22 and paid for overnight delivery. This part was needed to cook Christmas dinner. The part was not delivered until 12/27/22 and needless to say Christmas was ruined. I contacted Maytag (which is who I paid the additional overnight delivery fee to, [replacement part $82.66 – total paid to Maytag – $120.44, includes tax], and requested a refund. Maytag refused to refund the overnight delivery fee telling me FedEx said the delay was due to bad weather. I did not contract with FedEx. If they want to refuse to refund Maytag that’s a Maytag/FedEx issue, but Maytag cannot hold me to terms and conditions imposed upon them and claim that as a reason to refuse to return my money.
I paid over $50 for 1 day expedited shipping, guaranteed by Christmas and delivered no later than 23rd through a mail order company. These 3 Christmas gifts did not arrive until after 5 pm 12/27/22! Mail order company was notified right away and told me they would credit me for $50. Now, they claim it was delivered within timeframe. No, it wasn’t because it sat in Memphis Tennessee for several days. Three Christmas gifts were delivered on 12/27/22. Please help me get the $50 charges to me for guaranteed 1 day expedited FedEx delivery! This is theft!
As the recipient, FedEx has on multiple occasions failed to deliver packages at all and also fails to leave door tags indicating that anyone was there. In one case, where a legal letter was sent, I never actually received the letter letter which cost me hundreds of dollars in damages entirely because FedEx just decided not to deliver it.
More recently we have had a need for regular deliveries of medical equipment without which one of us could die. A driver come by and knock on the door about a package, but then drive away before we could open the door and did NOT leave a door tag two days in a row. We tried calling support, but the AI blocked one of our numbers for saying the word “complaint” and then when we got through using a different phone we learned that without the door tag there is no way to pick up the package or even to find out where it went. They said it will be held for 5 days after which point it will return to sender and that they would mail us a letter with information we can use to pick it up, but that’s assuming they deliver the letter at all. If our medical equipment fails because they failed to make a delivery someone could actually die, but they don’t care.
It’s not just the shippers that need attention in this case. It’s the recipient. If someone pays to get overnight shipping, and the driver takes days to deliver or not delivers at all, and the package is important for legal or medical reasons, it’s a very serious problem. FedEx shouldn’t even be allowed to operate in this country at this point.