FedEx Customer Files Class Action Lawsuit Over Alleged Residential Delivery Surcharges for Commercial Deliveries

Posted on: February 24th, 2011 by Steve Larson

A class action lawsuit has been filed against Federal Express Corporation (“FedEx”) in the United States District Court for the Western District of Tennessee (entitled Manjunath A. Gokare, P.C. v. Federal Express Corporation, Class Action Case No. 2:11-cv-02131).  The complaint alleges that FedEx charges and collects residential delivery surcharges for deliveries that plainly are not to residences, such as government offices, high-rise commercial office towers, and other non residential buildings.

The putative class consists of the following persons:

All persons who, during the period commencing February 18, 2010 and continuing until resolution of the action, purchased FedEx Express package delivery services in the U.S. domestic market, and who were charged and paid a residential delivery surcharge or a delivery area-residential surcharge (or both), for any delivery that was not destined to a home or private residence.

It will be interesting to see how plaintiff is going to prove on a class-wide basis that a delivery was not destined to a home or private residence.

For more information on the Federal Express FedEx Residential Delivery Surcharge class action lawsuit, read the complaint at this link.