The lawsuit, entitled Gokare P.C. v. Federal Express Corp., Case No. 11-cv-02131, states, "Defendants' own internal documents prove that defendants have known for years that they are unlawfully charging residential surcharges when they do not apply, but have permitted the unlawful surcharges to continue because they generate substantial illicit profits,"plaintiffs' attorneys stated in an amended class action lawsuit.
Lawyers for the Plaintiffs state that FedEx has and continues to engage in a pattern of intentionally charging its customers residential delivery fees for deliveries to obviously non-residential addresses such as courthouses, government offices and banks.
The lawsuit is seeking to represent a national class of consumers. It is asking for treble damages up to three times the amount of the alleged overcharges, s well as an injunction barring FedEx from charging commercial customers at residential rates.
Plaintiffs in the FedEx Consumer fraud class action lawsuit are represented by Steven J. Rosenwasser, of Bondurant, Mixsom and Elmore LLP.