10.  A second distinct revenue-augmenting surcharge FedEx Express charges and  collects in certain circumstances is the residential delivery component of the delivery area  surcharge.  The FedEx Service Guide defines the delivery area surcharge as a per package fee for  “shipments destined to select U.S. ZIP codes” that FedEx Express deems more costly and  inconvenient to service.  A list of these ZIP codes is available at fedex.com.  The universe of  these area surcharge deliveries is further broken down into two categories: regular and extended.   In each instance, the amount of the surcharge is increased if the shipment is a residential  delivery.   12.  For calendar year 2010, the extended delivery area-commercial surcharge was  $1.70.  For calendar year 2010, the extended delivery area-residential surcharge was $2.75 (i.e.,  $1.05 more than commercial).  Effective January 3, 2011, FedEx Express unilaterally upped the  extended delivery area-commercial surcharge to $1.85.  Effective January 3, 2011, FedEx  Express unilaterally upped the extended delivery-area residential surcharge to $3.00 (i.e., $1.15  more than commercial).   13.  The residential delivery and delivery area surcharges are cumulative.  Thus, if a  shipment is a residential delivery and is also “destined to select U.S. ZIP codes,” the shipment is  subject to both a residential delivery and a delivery area-residential surcharge.   14.  FedEx Express employs three methods to classify whether a shipment is a  residential delivery or a non-residential delivery:  (a)  First, FedEx Express deems a shipment to be a residential delivery if the  customer identifies it as a delivery to a residential address.  (b)  Second, FedEx Express checks the recipient’s address against a national  database of addresses.  This database indicates whether the address is a  business address, residential address, or unknown.  FedEx Express deems  the shipment to be a residential delivery if the address is listed in the  database as residential or unknown.  (c)  Third, FedEx Express deems a shipment to be a residential delivery if its  delivery person specifies that the destination is residential address.    16.  This methodology inevitably results in FedEx Express charging a significant  volume of residential delivery and delivery area-residential surcharges for shipments to non- residential destinations.    17.  The database that FedEx Express uses is riddled with errors.  The database  incorrectly identifies government offices, high-rise office towers, and other similar buildings as  residential addresses, even though it is readily apparent to FedEx Express personnel that those  buildings are not residential and the imposition of a residential delivery charge constitutes an  overcharge.   18.  The database also classifies some addresses as unknown. By defaulting all such  unknown addresses into the residential category for delivery pricing purposes, FedEx Express  imposes a high volume of inaccurate residential delivery and delivery area-residential surcharges  in violation of the pricing FedEx Express specifies in its contracts with its customers.     19.  FedEx Express delivery persons also provide tracking entries that contain a high  and unbalanced error rate in misclassifying shipments to commercial destinations as residential  deliveries.  For example, entries that state that a package was delivered to “receptionist/front  desk,” “shipping/receiving,” “mailroom,” or “guard/security station” all reflect the characteristics  of a shipment to a commercial location and characteristics utterly inconsistent with a residential  delivery.  Yet, even when these entries appear in the tracking information, FedEx Express often  imposes unwarranted and improper residential and delivery area-residential surcharges on its  customers.   21.  For example, on February 26, 2010, Gokare entered into a contract with FedEx  Express to ship time-sensitive immigration documents to the United States Citizen and  Immigration Services (“USCIS”) processing center in Saint Albans, Vermont.  The recipient’s  address was listed as:  Premium Processing Service  USCIS – Vermont Service Center  31.  Plaintiff brings this action on behalf of itself and members of the following class:  All persons who, during the period commencing February 18, 2010 and continuing until  resolution of this action, purchased FedEx Express package delivery services in the U.S.  domestic market, and who were charged and paid a residential delivery surcharge or a  delivery area-residential surcharge (or both), for any delivery that was not destined to a  home or private residence.  The class excludes Defendant, its affiliates, and class counsel.   32.  This class action is brought pursuant to Rule 23(b)(3) of the Federal Rules of  Civil Procedure because issues of law and fact common to class members predominate over any  questions affecting only individual members.  Given the extraordinarily high volume of contract  claims generated by Defendant’s repetitive imposition of improper and unwarranted surcharges  in which the stakes are generally less than $5 for each contract breached, a class action is  superior to other available methods for fairly and efficiently adjudicating the controversy.   Indeed, a class action is the only practicable vehicle for securing a remedy for Defendant’s  numerous breaches of contracts with its customers.   35.  The contract claims of Plaintiff are typical of the contract claims of the class.   Plaintiff is a member of the class, and its experience with the Defendant is representative of the  experience of class members in general.   36.  Plaintiff will fairly and adequately protect the interests of the class.  Plaintiff is  committed to obtaining just relief for all class members and has retained counsel with experience  in breach of contract and class action litigation.   37.  A class action is manageable because the facts relating to the size of the class, the  identity of class members, the systemic and formulaic nature of the Defendant’s conduct in  overcharging class members by misapplying residential delivery surcharges to commercial  shipments, and the extent of damages inflicted on the class through Defendant’s improper and  unwarranted misclassification of commercial shipments as residential deliveries can be readily  established through business records maintained for the benefit of the Defendant and its publicly- traded reporting parent company in the control of Defendant.   8.  FedEx Express augments its revenue by charging and collecting certain  surcharges from its customers.   9.  One surcharge contemplated in the pricing terms offered by FedEx Express is a  residential delivery charge, which the FedEx Service Guide defines as a per package fee for “a  delivery to a home or a private residence.”  During calendar year 2010, FedEx Express set its  residential delivery surcharge at $2.50.  Effective January 3, 2011, FedEx Express unilaterally  upped this residential delivery charge to $2.75.  