A New Jersey lawmaker wants the State Division of Consumer Affairs to investigate the failure of UPS and FedEx to deliver packages as promised for Christmas. 

UPS truck (Justin Sullivan, Getty Images)

Kevin O’Toole (R-Wayne) also sent a letter to the companies, urging them to fully refund all customers affected by the delays the delivery charges they paid.

“Both UPS and FedEx ‘guaranteed’ to certain customers that their deliveries would be made by Christmas, and claimed that they failed many customers as a result of ‘higher than anticipated volume’ and ‘weather conditions in the Midwest,’” O’Toole said.  “Millions of customers across the United States and in particular here in New Jersey took that ‘guarantee’ to mean that they will be able to bring Christmas Joy to their loved ones that they could not be with. Unfortunately, that was not the case.”

The senator acknowledged some corrective action being taken by employees of these companies, but urged that the businesses fully correct the situation by reimbursing impacted people.

“I ask that your office conduct an investigation to determine if UPS and FedEx engaged in consumer fraud by guaranteeing pre-Christmas delivery to customers knowing that they did not adequately staff their operations,” O’Toole wrote to consumer affairs director Eric Kanefsky. “As our consumers increase the volume of online purchases year-after-year, UPS and FedEx play an ever increasing role in our economy and we must ensure they are in fact adequately prepared to meet customers’ needs and not just that of their shareholders.”