Shipping Protection Lawsuits: 2026 Tracker
Consumer lawsuits naming shipping protection providers or fees, with court numbers, status and plain-English notes.
Back to the resource centerKey takeaways
- Most cases target how the fee appears at checkout, not only whether it is insurance.
- Many cases name the merchant, sometimes as the only defendant.
- Many cases ended early when the plaintiff dismissed them, with no ruling on the merits.
- Route has not been found liable in any case listed here.
- We found no regulatory enforcement action specific to package protection.
Which shipping protection lawsuits have been filed?
Newest first. Allegations come from the complaint or the named summary. Status reflects the last public docket we could check.
| Case | Court & no. | Filed | Defendants | What the complaint alleges | Status (Oct 2026) | Link |
|---|---|---|---|---|---|---|
| Tinoco v. DC Shoes | N.D. Cal. 3:26-cv-10635 | Sep 17, 2026 | DC Shoes, Inc. (merchant); Seel, Inc. | Allegations not yet reviewed | Open; complaint only | Docket |
| Scola v. Edikted | S.D. Cal. 3:26-cv-04937 | Aug 31, 2026 | Edikted LLC (merchant) | Allegation Fee added "without their consent" while shipping is advertised (per Top Class Actions) | Open; complaint and summons | Docket |
| Biada v. Route App | D. Utah 2:26-cv-00651 | Removed Jul 10, 2026 | Route App, Inc.; Route Insurance Solutions, LLC | Allegations not yet reviewed (complaint not public) | Open; no orders listed on the docket we checked | Docket |
| Mertson v. Route App | N.D.N.Y. 3:26-cv-01172 | Jun 3, 2026 | Route App, Inc. | Allegation Pre-selected "Shipping Protection" toggle; N.Y. GBL §§ 349/350 and unjust enrichment | Open; no rulings known | Complaint |
| Beikirch v. oGorgeous | C.D. Cal. 8:26-cv-00597 | Mar 17, 2026 | oGorgeous Inc. (merchant); Redo Tech, Inc. | Allegations not yet reviewed | Dismissed by the plaintiffs Apr 30, 2026, no ruling on the merits | Docket |
| Duskey v. Navidium App | E.D.N.Y. 1:26-cv-01351 | Mar 9, 2026 | Navidium App; Marc Heuberger | Allegations not yet reviewed | Open; service not complete | Docket |
| Garvin v. Extend | N.D. Cal. 3:26-cv-01432 | Feb 18, 2026 | Extend, Inc. | Allegations not yet reviewed | Dismissed by the plaintiffs Apr 7, 2026, no ruling on the merits | Docket |
| Mickey v. Seel | N.D. Cal. 4:26-cv-01336 | Feb 12, 2026 | Seel, Inc. | Allegations not yet reviewed | Dismissed by the plaintiff Apr 20, 2026, no ruling on the merits | Docket |
| Jalad v. Seel | N.D. Cal. 3:26-cv-01181 | Feb 6, 2026 | Seel, Inc. | Allegations not yet reviewed | Open; no rulings known | Docket |
| Flowers v. Extend | N.D. Cal. 3:26-cv-01176 | Feb 6, 2026 | Extend, Inc. | Allegations not yet reviewed | Open; complaint and summons | Docket |
| Carlos v. ShipInsure | N.D. Cal. 3:26-cv-01071 | Feb 4, 2026 | ShipInsure, Inc. | Allegations not yet reviewed | Dismissed by the plaintiff Feb 26, 2026, no ruling on the merits | Docket |
| Goulson v. EcoCart | S.D. Cal. 3:25-cv-03463 | Dec 8, 2025 | EcoCart Sciences, Inc. | Allegation "Green Shipping Protection" and "Carbon Neutral Order" fees pre-selected (per ClassAction.org) | Dismissed by the plaintiff Jan 8, 2026, no ruling on the merits | Docket |
| Harvey v. Bad Birdie | D. Ariz. 2:25-cv-02159 | Removed Jun 20, 2025 | Bad Birdie LLC (merchant); Redo Tech Inc. | Allegations not yet reviewed | Dismissed with prejudice Aug 4, 2025 after the plaintiff's voluntary dismissal, no ruling on the merits | Docket |
| Cantore v. Ritual Zero Proof | N.D. Ill. 1:25-cv-04677 | Apr 29, 2025 | Ritual Zero Proof (merchant, dismissed); Route App, Inc. | Allegation "Shipping Protection" fee added to purchases; Illinois consumer fraud act, contract, unjust enrichment | Pending against Route; merchant dismissed by plaintiffs Aug 5, 2025 | Docket |
| Scott v. Camuto IPCO (Vince Camuto) | C.D. Cal. 2:25-cv-03446 | Apr 18, 2025 | Camuto IPCO, LLC (merchant) | Allegation Package protection fee added to orders "without consumers' consent"; UCL, FAL, CLRA | Settled; dismissed without prejudice Oct 7, 2025; terms not public | Docket |
| DeMarco v. DNVB (Thursday Boot) | S.D.N.Y. 1:25-cv-03076 | Apr 14, 2025 | DNVB, Inc. (merchant) | Allegation $2.98 "Shipping Protection" fee automatically added despite "free shipping" advertising; N.Y. GBL §§ 349/350 | Pending | Docket |
| Wolf-Bond v. TA3 | C.D. Cal. 2:25-cv-02665 | Removed Mar 26, 2025 | TA3, Inc. (merchant); Route App, Inc. | Allegation $3.75 fee added despite a free-shipping promise (per ClassAction.org) | Dismissed by the plaintiff (Apr 2025), no ruling on the merits | Docket |
| Periera v. International Surf Ventures | C.D. Cal. 2:25-cv-02552 | Mar 24, 2025 | International Surf Ventures, LLC (merchant) | Allegation Inadequate disclosure that a package protection fee is automatically added (per TINA) | Closed May 20, 2025; how it ended not confirmed | Docket |
| Williams v. CR Clicks (Charlotte Russe) | C.D. Cal. 2:25-cv-02356 | Mar 18, 2025 | CR Clicks Ecomm Inc. (merchant) | Allegation Pre-checked package protection fee on the final payment screen (per Top Class Actions) | Closed Jun 20, 2025; how it ended not confirmed | Docket |
| Barz v. Corso Commerce | C.D. Cal. 8:25-cv-00918 | Feb 13, 2025 (state); removed May 2, 2025 | Corso Commerce, LLC; BruMate, Inc. (merchant) | Allegations not yet reviewed | Open; jury trial set for Dec 8, 2026 as of the Oct 2025 scheduling order | Docket |
| Edlund v. True Classic Tees | C.D. Cal. 2:25-cv-00450 | Jan 17, 2025 (federal) | True Classic Tees, LLC (merchant) | Allegation Free-shipping marketing while charging a "Package Protection & Sustainability Fee" (per TINA) | Closed Apr 29, 2025; how it ended not confirmed | Docket |
Which cases has Route filed?
Route has also been a plaintiff in business disputes with other companies in the space. These are not consumer cases.
| Case | Court & no. | Filed | Type | Status (Oct 2026) |
|---|---|---|---|---|
| Route App v. OrderProtection.com et al. | D. Utah 2:23-cv-00606 | Sep 5, 2023 | Trade secrets; counterclaims by OrderProtection | Heading toward trial on remaining issues |
| Route App v. Alexiev, Raw Juicery and Gowell Market (ShipAid) | D. Utah 2:23-cv-00022 | Jan 10, 2023 | Lanham Act and contract claims; counterclaim filed | Final outcome not found |
| Route App v. Heuberger et al. | D. Utah 2:22-cv-00291 | Apr 28, 2022 | Lanham Act false advertising and related claims | Final outcome not found; May 2025 order sent the parties to a settlement conference |
What have courts ruled so far?
Verified from the orders or docket entries:
- Route v. Heuberger (Aug 18, 2023): Navidium App was dismissed for lack of personal jurisdiction. Defamation counts were dismissed. Against the remaining defendants, a Lanham Act false-advertising claim survived at the pleading stage. Route alleged that the defendants represented that merchants can lawfully offer shipping protection without insurance licenses, and the court called those alleged statements "straightforwardly factual assertions" that can be checked. The court did not decide whether any statement was made or was false.
- Route v. Heuberger (May 27, 2025): the court denied a motion to enforce a settlement and ordered a settlement conference.
- Route v. Alexiev (Dec 19, 2023): claims against Raw Juicery were dismissed without prejudice.
- Route v. OrderProtection.com: preliminary injunction denied (Aug 13, 2024); OrderProtection's defamation counterclaims dismissed (Dec 9, 2024); on Aug 24, 2026, partial summary judgment for Route on certain breach claims against individual defendants, with causation and damages left for trial.
- Scott v. Camuto IPCO (Oct 7, 2025): dismissed after the court was told the case had settled.
- Duskey v. Navidium App (Apr and Aug 2026): orders on serving the defendants only.
Reported, not yet verified against the order:
- DeMarco v. DNVB (before Feb 2026, reported): per DLA Piper, the court let the N.Y. GBL §§ 349/350 claims proceed and dismissed the contract and unjust-enrichment claims. This is a pleading-stage ruling, not a finding of liability.
- Cantore v. Ritual Zero Proof: Route moved to dismiss the amended complaint. A secondary source has reported a 2026 ruling on that motion, but we have not confirmed it from the court's own order, so we do not describe it here. No ruling in this case is a finding of liability.
Have regulators taken action?
None found. As of October 2026, we found no state insurance department cease-and-desist order, consent order or fine against a shipping or package protection provider, and no attorney general lawsuit. Regulators have issued consumer alerts instead. See what regulators have said. We did not check every state's enforcement database, so this is not proof that none exists.
What do these cases mean for merchants?
- Presentation is the main target. The complaints we read focus on pre-selected toggles, fees added next to "free shipping" claims and unclear disclosure.
- Merchants get named. Several suits name only the store, such as DeMarco, Scott, Scola, Williams, Periera and Edlund. Others name the store alongside the app.
- Early exits are common. Many cases were dismissed by the plaintiff, for reasons that are not public.
- Licensing is a separate question. Whether a fee is insurance is decided under state law. Read our merchant licensing guide.
This is general information, not legal advice.
How we keep this tracker
Frequently Asked Questions
Has any shipping protection company been found liable?
Not in the cases listed here, as of October 2026. Rulings so far are procedural or pleading-stage.
Has Route been found liable in a shipping protection lawsuit?
No. Route has not been found liable in any case listed here. Consumer cases naming Route are pending or were dismissed by the plaintiff, and the complaints' claims remain allegations.
Can a merchant be sued even if the app provider runs the widget?
Yes, merchants are named in several of these suits. Being named is not a finding of wrongdoing.
What does "dismissed by the plaintiff" mean?
The person who sued withdrew the case. The court did not rule on whether the claims were true.
Are these lawsuits about licensing?
Most of the complaints we read focus on how fees are presented at checkout. Licensing is addressed by state insurance law and regulators.
Keep your checkout out of the headlines
InsureShip is licensed by the California Department of Insurance (license #0G55434) and in all 50 states, and can be offered as a clear opt-in. Established in 2012. Underwritten by Navigators, a Hartford company, rated A+ by AM Best (Navigators Insurance Company, as of 2024).
Talk to InsureShipSources
Last checked October 8, 2026. General information, not legal advice. Dockets and complaints are linked in the table. Mertson complaint · Cantore complaint · Scott complaint · Top Class Actions: Edikted · Top Class Actions: Charlotte Russe · ClassAction.org: EcoCart · ClassAction.org: TA3 · TINA: Thursday Boot · TINA: International Surf Ventures · TINA: True Classic Tees · DLA Piper on DeMarco · Route v. Heuberger opinions · Route v. Alexiev opinion · Route v. OrderProtection opinions · Route terms · Route insurance · Route compliance · The Hartford: Navigators fact sheet (Apr 2025)
Written by Kyle Gibson, Compliance Auditor · Updated October 9, 2026