Class Action Claims FedEx ‘Overnight’ Delivery Promise Is False
Zupetz v. FedEx Office and Print Services, Inc.
Filed: October 25, 2021 ◆§ 3:21-cv-00652
A Kentucky consumer alleges FedEx has falsely represented its pricier overnight delivery service.
A Kentucky consumer alleges in a proposed class action that FedEx has falsely represented its overnight delivery service in that packages and letters often do not reach their destinations on the next day as promised.
The plaintiff alleges in the 12-page complaint that although she paid defendant FedEx Office and Print Services, Inc. nearly $40 in February 2021 to deliver a letter via standard overnight service, the letter was not delivered on the next day, and in fact reached its destination four days later. The consumer, who initially filed the suit on September 20 in Jefferson County, Kentucky District Court, claims FedEx subsequently refused to give her a refund.
“Based on FedEx’s promise and representation, [the plaintiff] agreed to purchase the overnight delivery service and paid FedEx $39.60 to deliver the letter,” the suit says. “Without such promise and representation, [the plaintiff] would have simply bought a stamp for $.60 and put the letter in the U.S. mail.”
The consumer contends that FedEx breached its agreement with her to deliver the letter overnight, i.e. the next day.
The case’s filing comes nearly a month after a Hawaii resident similarly alleged in a proposed class action that FedEx fell well short of its promise to deliver packages sent via priority overnight service.
The plaintiff looks to represent all individuals who purchased overnight delivery services from a FedEx office in Kentucky and for whom a package or letter was not timely delivered and no refund was provided by FedEx.
A little more than a month after it was filed, the lawsuit was removed on October 25 to Kentucky’s Western District Court at Louisville.
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