DHL Secret Fee Class Action Lawsuit Overview:
- Who: A federal judge dismissed a class action lawsuit filed against DHL Express (USA) Inc. by Noam Martin.
- Why: The judge ruled Martin’s breach of contract claims over an alleged unauthorized $17 service charge did not apply.
- Where: The class action lawsuit was filed in New Jersey federal court.
A federal judge in New Jersey dismissed a proposed class action lawsuit alleging DHL Express (USA) Inc. breached its contract with state residents by charging a secret $17 fee on packages coming from outside the United States.
Plaintiff Noam Martin claimed DHL broke its contract with consumers by failing to mention the $17 charge in emails it sent demanding an import duty be paid before it would deliver New Jersey residents’ packages, Law360 reports.
The judge overseeing the case ruled the breach of contract claims did not apply, determining that DHL only “misrepresented the amount of the duty by including an undisclosed service charge.”
“Moreover, as DHLE argued, Martin alleges he had a contract with DHLE whereby he agreed to pay the duty fee in exchange for DHLE agreeing to deliver his package. As such, there is no breach,” the judge said.
DHL Case Removed From State To Federal Court In July
Martin originally filed the class action lawsuit in New Jersey state court in June; however, the case was removed to New Jersey federal court in July.
The judge also ruled that other potential claims, such as fraud and unjust enrichment, were preempted by the Airline Deregulation Act and the Federal Aviation Administration Authorization Act.
“Likewise, state common law claims of fraud and unjust enrichment are barred by the ‘broad preemptive purpose’ of the ADA and FAAAA and with Congress’ intent to deregulate the airline and trucking industries,” the judge said.
Martin’s original complaint included claims under the New Jersey Consumer Fraud Act and Truth in Consumer Contract Warranty and Notice Act, but he amended the complaint after DHL filed a motion to dismiss arguing the claims were preempted by the ADA and FAAAA, Law360 reports.
Have you been charged an unauthorized $17 fee by DHL Express? Let us know in the comments!
The plaintiffs are represented by Stephen P. DeNittis of DeNittis Osefchen Prince PC.
The DHL Secret Fee Class Action Lawsuit is Martin v. DHL Express (USA) Inc., Case No. 3:21-cv-13363, in the U.S. District Court for the District of New Jersey
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4 thoughts onDHL Class Action Over ‘Secret’ Fees Dismissed
Add me they charge me fees “duties” for items valued below $800 and completely refuse to refund me by law im not required to pay it only dhl never fedex or ups
Add me. I’ve been charged customs fees for imported binoculars. Binoculars have zero import duty fees under the USHTS. This on top of the almost $320 paid to ship the binoculars from Japan — how frustrating!
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