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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 have experienced the same problem with late deliveries. I want to join your law suite & there are many others
from my town as well.
I do a majority of my shopping online and fedex is constantly not delivering my packages on time …this week I was supposed to receive a package on the 19th it’s now the 21st and nothing also had a box of grocery items that was suppose to be deliver today and it’s one excuse after another…there has been no sign up fedex in my area all week…last year I did my christmas shopping online and fedex wouldn’t deliver any of my packages kept saying delivery exception I’m so tired of them and their lame excuses for not doing their job…pathetic company needs to be put out of buisness
I have a important check that was FedEx overnight and supposed to arrive today, Friday the 15th before 12 pm. It was delivered to the wrong location and signed for by someone. I called FedEx to figure what is going on and they have me same information indicating it had been delivered and I explained it had not been delivered to no nor the leading office to which they said they would open a case and contact me soon. 4 hours later and all no answer so I called back and I was transferred back and forth until someone said my check had been picked up and ensured me it was en route to be delivered to me. 2 hours later around 5:20pm I called FedEx once again because tracking information had not changed to indicate reroute and they once again assured me it was on its way multiple times. It is now 9:24pm and there is now no update on tracking. This check needed to me in my account by today and this failure to deliver will negatively impact me and will tarnish my credit. What are legal legal avenues to approach this?
Fed ex did not make the attempts they claimed they did for the deliver of an item before they sent out notice saying they made three attempts. This was done after Fed Ex had the item for less than 2 days. Someone is lying.
I have used FedEx since 2021, for overnight delivery of Stallion Semen. I own a small horse breeding business in Iowa, and rely on overnight shipments to be able to cover and AI my mares the following day, so I may achieve a pregnancy for the following year. Breeding horses is EXTREMELY TIMELY!!!!
My business relies on the sales of my foals to keep it up and running. That is how we make our income.
Since 2021 I have had 5 late deliveries which has resulted in no pregnancies which equals no monies the following year! I breed Friesians, and a foal in 2023 sells for about $11,000! Putting your fate in someone else’s hands shouldn’t have to be questioned. If you pay for a service and that is what they say they will provide, they need to follow through. Or at least do everything in their power to provide the customers merchandise if the customer is willing and able to go to where their merchandise is at!!!
Today was another delayed shipment. They claimed because of the “storm” (we had some fog in the am) we had here in Cedar Rapids, Iowa, where it was shipped to from Memphis TN, that they had to land in Des Moines Iowa, and then fly it back to Cedar Rapids later where it would be processed. They landed at 7am in Des Moines, and it sat there untouchced, sitting on a plane, until 8pm tonight when it finally made it to Cedar Rapids. Keep in mind I live literally like an hour and a half away from Des Moines, and about 50 minutes from Cedar Rapids. I tried to see if I could go pick it up in Des Moines or Cedar Rpaids, they said no because they don’t operate out of Des Moines. And the freight wouldn’t be unloaded until it got to Cedar Rapids. So even if I drove the hour and a half, I still was unable to pick it up!!! Why???
Why does FedEx not have processing procedures in place for this scenario, which I can imagine happens quite often. A paying customer should be able to receive their merchandise if it’s at a physical FedEx facility!!
Don’t they prioritize Logistics??? Wouldn’t all the overnight packages be together and be able to be identified?
I am done which these billion dollar corporations screwing hard working people out of their money, not giving a shit, and not being held accountable!!!!!
Oh and to make it even more fun, you can’t get in touch with any live person to talk to!! It’s all automated!! The only reason I found all this information out regarding my delivery is this happened just a couple weeks ago and the lady at my local branch was nice enough to give me their direct number! Even if you look up your local branch, you get the same 800- GOFEDEX number! So there’s no way besides “Tracking” your package, to find out anything!! And the “updates” you get are all BS!!! Up until a couple hours ago my Tracking said it was “on time” for Thursday @ 10:30am, then it said “on time” by End of Day,…and there was nothing about it going to Des Moines, it said, Departed Memphis TN @ 4:15am, and said that up until about 7pm tonight, then it said it was Delayed, and then showed it being in Cedar Rapids at 8pm, and delayed until Friday by 10:30am!! So it sat on a plane with no FedEx employees doing anything, for 13 hours!!!! And because of it, it won’t be “available” until tomorrow when my mare will have already ovulated and I’ve missed another $11,000!!!!
I would love to be contacted by an Attorney on this if it is something we can pursue!!!
Hola mi hijo compro unas pacas de ropa y la entregaron a un domicilio incorrecto y ahora Fedex ase caso omiso dice que a la compañía de la ropa y la compañía de la ropa dice que se reclame a FedEx. Y así lo train quisiera saber que debo Aser por qué fue una compra de casi 800 dólares no es justo que se hagan los sordos
Just recently I had my sister send me some Sausage from Colorao to Texas. It was to be frozen we were assured that the package would be in one package and it would stay frozen. we paid for 2 day delivery sent out on 06.14.23 received on 06.19.23 spoiled. Upon me callilng Fedex on Friday the 16th being that I did not get the package they assured me that it was frozen. The customer service rep at the Fed ex location took all information and entered it all wrong, wrong name and missing apt number. Filed 2 claims with Fedex and they denied both reported to BBB have not heard back yet. But for them to deny the claims is wrong and they need to be held reponsible
My spouse and I have been battling with FedEx driver deliveries “policies and procedures”. My spouse and I had been waiting for about a week to receive a very expensive repair part. I was home and witnessed the driver drop the box on our FRONT sidewalk. When my husband came home he picked up the box which was empty with a large hole in the corner where the steal part had fallen through.
I spent most of the day contacting various FedEx locations in an effort to possibly locate the steal drive shaft that could have been on the FedEx truck. In short I was advised multiple times to file a complaint with the SHIPPER of the product. This made no sense to me as the product was not received damaged but was missing from the shipping box.
I finally contacted the complaint department of FedEx and was advised my complaint would be escalated and I would be contacted via phone. Mr. Guerra at the FedEx Edinburgh Texas shipping location called me and advised he would contact the driver “who lied” in his delivery notes and contact me with a possible resolution and gave me the many apologies song and dance.
I was emailed a picture of the delivered box at my front sidewalk which also showed the large hole in the corner of the box. Mr. Guerra also advised that they had not located the drive shaft, advised that I continue contacting the company that shipped the product and gave his “apologies” and sent me good luck with the unfortunate situation.
……WTH???. I tried contacting Mr. Guerra via phone and e-mail regarding the obvious disregard for our concern of not receiving the product and having to pay for another drive shaft. Curiously he never responded.
I am completely baffled by the ability of a large company such as FedEx to lose customers shipments and not have to reimburse customers for the cost of their negligence.
My husband is a medically retired combat veteran from the United States Army. He suffers from severe PTSD, Anxiety, and is on a fixed income.
I advised FedEx of his condition and explained that was the reason I was dealing with this cluster and not my husband.
It is painfully clear that FedEx has no regard for their customers that include our veterans. It has been a daunting and disgusting task dealing with inconsiderate FedEx employees. Anyone wanting to get a paycheck for not doing their job should flood the FedEx job market.
Fed ex is pathetic, just spent over three hours on the phone with them only for them to insist my package, which is currently in Indiana, would be here “guarenteed” by 4:30pm and that they would be calling back with an update by 4:00pm (it’s now 3:49 pm). As I’ve waited over two years for call backs and still not received them, I’m NOT holding my breath. As the package needs to be in Vermont by 4:30 I know for a fact that was a lie as Indiana to Vermont is not a short flight, and they would land in Boston which is three hours from me. Yet they still insist it will be here by 4:30. If that wasn’t bad enough, one representative refused to give me their name all together and told me to buy from a repute company and not a Christian Company!! FedEx now seems to be going “woke”.
I would like to sue FedEx Corporation. I have had so many issues with them. I have spent hours upon hours trying to fight to get my packages. It has caused me so much stress. They are horrible and have the worst customer service. I have filed a complaint with the BBB. I was told after the last mis-delivered package that it was taken care of. I spoke with Fedex Corporate and also Jason Cobb from our local Hickory, NC. He told me that if it happened again to let him know and gave me his phone number. Well, it happened again and I text him to send the driver back that the picture the driver sent me upon delivery was not my door. No response. When you speak to customer service they say it’s been delivered. It has, but not to me. They tell you to contact the shipper. Again, I’m doing all the work. I want to be paid for items that I never receive, hours upon hours trying to get a resolution and mental anguish that they have caused past and present. When I get on BBB there are hundreds of complaints of people not getting packages. I don’t understand how they continue to do this to people. When I go to work I’m expected to do a job or I will be fired. They are not held accountable for anything. They are a service that people pay for and do not get. Please help me in proving my case.
I experienced the exact same thing. Time, stress, etc. What can we do!? I need to do something and this has got to stop. UPS is no better. Antitrust laws applicable.