Thursday Boot Company Sued: Is "Free Shipping" a Lie?

Case Overview: Thursday Boot Company is facing a class action lawsuit alleging it deceives online shoppers with a "free shipping" promise but then adds a hidden "Shipping Protection" fee during checkout.

Consumers Affected: U.S. consumers who purchased products through www.thursdayboots.com and paid a Shipping Protection fee.

Court: U.S. District Court Southern District of New York

Thursday Boot Company is facing a new lawsuit over claims it misleads online shoppers with a deceptive “free shipping” promise—only to quietly tack on a “Shipping Protection” fee at checkout.

The proposed class action lawsuit, filed in New York, accuses the brand and its parent company, DNVB, of false advertising, deceptive business practices, and unjust enrichment. While Thursday Boots promotes “Free Shipping and Returns in the US,” customers say that offer comes with strings attached.

Thursday Boot Company Accused of Deceptive "Free Shipping"

Adam DeMarco of New Jersey, who filed the proposed class action lawsuit, says he thought he was buying a $160 pair of sneakers with free shipping. But as he checked out on the Thursday Boots website, a $2.98 charge for “Shipping Protection” appeared on his order. 

Along with the added fee came a warning: if he didn’t pay it, Thursday Boots wouldn’t be responsible for any damage, loss, or theft during shipping. DeMarco paid the fee but says he never would have if the company had been upfront about what it covered. 

He later found that the same shoes were available on Thursday Boots’ Amazon storefront—without any such fee.

Lawsuit Details Unexpected "Shipping Protection" Fee at Checkout

The lawsuit alleges that DNVB’s checkout system is designed to confuse shoppers. The site displays banners promising free shipping and promotes its “Honest Pricing Guarantee.” But once a shopper selects their items and enters a delivery address, they’re hit with the unexpected Shipping Protection fee.

What’s more, the company allegedly implies that customers bear the risk of lost or damaged packages if they decline to pay. The lawsuit claims that’s simply not true under New York law. Because Thursday Boots is the seller and selects the shipping carrier, the company—not the customer—is responsible for ensuring packages arrive safely.

The complaint also notes that UPS, Thursday’s usual shipping partner, provides automatic coverage for packages up to $100 in value—making the additional charge unnecessary. The lawsuit argues the fee is not about protecting customers at all, but simply generating extra profit.

Online Retailers Face Growing Legal Pressure Over Hidden Fees

As consumers increasingly turn to online shopping, Thursday Boots joins a growing list of companies facing lawsuits over allegedly deceptive charges. Shake Shack has been sued for advertising low prices online, only to add surprise service and delivery fees at checkout. 

FTD, the flower delivery service, is accused of tacking on a hidden $19.99 charge at the last step of checkout. McDonald’s was recently hit with a claim over breakfast combos advertised with orange juice—then charging extra for it. Target and its delivery service, Shipt, and office supply chain Staples are also facing legal heat for similar surprise fees.

In his lawsuit against DNVB, DeMarco wants to represent anyone in the US who bought products through www.thursdayboots.com and paid a Shipping Protection fee. 

Case Details

• Lawsuit: DeMarco v. DNVB, Inc. D/B/A Thursday Boot Company
• Case Number: 1:25-cv-03076-GHW-RFT 
• Court: U.S. District Court for the Southern District of New York 

Plaintiffs' Attorneys

• Stephen P. DeNittis (DeNittis Osefchen Prince, P.C.)

Have you ordered from Thursday Boot Company online? Did you notice a 'Shipping Protection' fee? Share your experience below.