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FedEx “Overnight” Delivery Delayed for Days Kentucky Class Action

FedEx sells a number of products and services at its locations, but it is best known for its expedited delivery services. FedEx charges customers for deliveries of letters or packages within specific time frames that are faster than the time frames offered by the Post Office. But the complaint for this class action alleges that customers do not always get what they pay for, because their envelopes or packages may be delivered substantially later than the time or date promised by FedEx.

The class for this action is all individuals who bought overnight delivery services from FedEx in Kentucky, where the package or letter entrusted to FedEx was not timely delivered, and where FedEx did not provide a refund.

The plaintiff for this class action, Jane Zupetz, went to a FedEx Office and Print Services location in Louisville, Kentucky on February 24, 2021. She was seeking to send a letter by a faster means than offered by regular postal services. FedEx represented it could deliver the letter overnight for $39.60. Zupetz accepted and paid FedEx for their standard overnight delivery.

However, the letter was not delivered on February 25, 2021, the following day. In fact, the complaint alleges that the letter was not delivered until four days later.

The complaint claims that without the promise of overnight delivery, Zupetz “would have simply bought a stamp for $0.60 and put the letter in the U.S. mail.”

Zupetz called FedEx within days of the delivery to ask for a refund. However, FedEx refused to provide one.

The complaint alleges, “FedEx breached its agreement with [Zupetz] to deliver her letter overnight (i.e., the next day).” The amount of the damages? The complaint calculates these as $39.00, that is, the $39.60 she paid to FedEx minus the price of a $0.60 stamp.

No counts or causes of action are listed in the complaint that cite specific laws that FedEx allegedly violated. However, the complaint states, “The core questions of law and fact in this case are common to [Zuptez] and Class members and include whether FedEx breached its agreements failing to timely make overnight deliveries…”

The complaint asks that the Court certify this case as a class action and provide a trial by jury. It also asks that the Court award Zupetz compensatory damages, pre- and post-judgment interest, attorney’s fees and costs, and “any and all other relief the Court or jury deem appropriate.”

Article Type: Lawsuit
Topic: Contract

Most Recent Case Event

FedEx “Overnight” Delivery Delayed for Days Kentucky Complaint

October 25, 2021

FedEx sells a number of products and services at its locations, but it is best known for its expedited delivery services. FedEx charges customers for deliveries of letters or packages within specific time frames that are faster than the time frames offered by the Post Office. But the complaint for this class action alleges that customers do not always get what they pay for, because their envelopes or packages may be delivered substantially later than the time or date promised by FedEx.

FedEx “Overnight” Delivery Delayed for Days Kentucky Complaint

Case Event History

FedEx “Overnight” Delivery Delayed for Days Kentucky Complaint

October 25, 2021

FedEx sells a number of products and services at its locations, but it is best known for its expedited delivery services. FedEx charges customers for deliveries of letters or packages within specific time frames that are faster than the time frames offered by the Post Office. But the complaint for this class action alleges that customers do not always get what they pay for, because their envelopes or packages may be delivered substantially later than the time or date promised by FedEx.

FedEx “Overnight” Delivery Delayed for Days Kentucky Complaint
Tags: Breach of Contract