FedEx delivers $16.5 million in class action settlement
With the settlement of a three-year-old class action lawsuit, its FedEx who will need to pay in the end for its overcharging discrepancies.
November 25, 2013 at 06:22 AM
3 minute read
The original version of this story was published on Law.com
Between 2008 and 2011, FedEx Corp. allegedly overcharged nearly half-a-million business customers for shipping, adding higher residential surcharges to their fees. But now, with the settlement of a three-year-old class action lawsuit, it's FedEx who will need to pay in the end.
On Nov. 22, a federal judge approved a FedEx payment of $16.5 million to settle the class action lawsuit, refunding roughly 475,000 government and business customers. Over the course of three years, FedEx allegedly charged as much as $3 a shipment more than normal shipping costs despite telling customers that they were receiving a reduced business rate.
FedEx and the lawyers from the class action suit, which was brought by law firms Manjunath A. Gokare PC and Goldstein, Borgen, Dardarian & Ho, originally agreed to a settlement in July, pending court approval. Through the terms of the settlement, FedEx admits no guilt. The company does, however, likely face an additional $5 million in fees related to the case, the estimated cost for correcting inaccurate internal databases and changing internal policy procedures to ensure a repeat does not occur.
“We highly value our relationships with our customers and these relationships are at the core of all we do,” said Ben Hunt, a FedEx spokesman, in a statement to the Wall Street Journal. “We agreed to settle this matter to avoid the cost and uncertainty of continued litigation.”
According to leaked internal emails, FedEx become aware of the problem as the result of one sales executive. Alan Elam noticed the discrepancies and reported them to his superiors. In the emails, Elam wrote that he believed the company was “systemically overcharging” businesses with the residential surcharges.
However, Elam did not receive an indication from his superiors that the problem would be fixed. As a result, he became frustrated, writing in an email, “I have brought this to the attention of many people over the past five or six years, including more than one managing director, and no action has been taken to address it.” The class action lawsuit later used Elam's emails to attempt to demonstrate that FedEx willfully ignored any attempts to stop charging businesses the residential surcharge.
For more on class action lawsuits, check out these InsideCounsel stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCoinbase Hit With Antitrust Suit That Seeks to Change How Crypto Exchanges Operate
3 minute readBaker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme
Trending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250