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Route App Is Being Sued Over the Little Shipping-Protection Box That Is Already Ticked When You Reach Checkout. The Complaint Quotes Route Telling Merchants to Leave It That Way — “With 98% of Our Other Merchants.” Meanwhile Route Is the Company Lobbying Regulators to Crack Down on Its Competitors.

Mertson v. Route App, Inc., No. 3:26-cv-01172-ECC-ML, was filed in the Northern District of New York on June 3, 2026 — several write-ups say Southern, and the docket says otherwise. Two New York shoppers say they paid $2.95 and $1.55 for “Shipping Protection” they never knowingly bought, because the box adding it was pre-selected and, in the complaint's words, “so tiny and purposely designed to go unnoticed.” The fee can be unticked — most coverage says it cannot — but the complaint's point is that it is presented as mandatory, and on May 7, 2026 a federal judge in Illinois held that a reasonable consumer could read it that way and let a near-identical case proceed. There is no settlement and no claim form; the case is three months old and Route has not answered. The stranger part of the story is regulatory: in March 2024 Route itself stood before the NAIC's insurance regulators and urged them to treat its unlicensed competitors as insurers.

By Settlement Insight Data Desk · September 4, 2026

Route App Is Being Sued Over the Little Shipping-Protection Box That Is Already Ticked When You Reach Checkout. The Complaint Quotes Route Telling Merchants to Leave It That Way — “With 98% of Our Other Merchants.” Meanwhile Route Is the Company Lobbying Regulators to Crack Down on Its Competitors. — key figures at a glance

What the case says

Route App sells a checkout widget. Merchants on Shopify and elsewhere install it, and at the moment of payment a line called “Shipping Protection” or “Package Protection” appears on the order. Route describes it as insurance against loss, theft and damage, underwritten through a marine cargo policy.

The complaint's allegation is not that the fee is compulsory. It is that the box adding it arrives already ticked — “a hidden, pre-selected box or toggle” that is “so tiny and purposely designed to go unnoticed.” Both named plaintiffs say they did not know the charge existed or that it could be removed.

That is a meaningful difference from the junk-fee cases against cinemas and ticket sellers, where the fee cannot be declined at all. Here the consumer could have unticked it.

A federal court has already held that this is enough to state a claim. On May 7, 2026 — four weeks before this case was filed — Judge Sara L. Ellis of the Northern District of Illinois denied most of Route's motion to dismiss in Cantore and Conley v. Route App, Inc., No. 1:25-cv-04677, a case built on the same widget, the same “98%” fact and the same $1.55 charge. Her reasoning goes directly to the pre-ticked box: “a reasonable consumer has more reason to confuse a shipping protection fee, automatically added to its cart, as mandatory rather than optional because the shipping protection fee is separate from any basic free shipping promised by the e-commerce retailers.” She pointed to courts elsewhere treating default pre-checked boxes as “a ‘negative option,’ a universally condemned sales practice in which customers are sold something unless they ask not to purchase it.” The Illinois, California and unjust enrichment claims all survived; only a tortious interference claim was dismissed, and without prejudice.

The most quotable line in the filing is not the plaintiffs'. It is Route's own merchant help centre, reproduced in the complaint, advising retailers: “we'd highly recommend you leave the box as auto-checked … with 98% of our other merchants.”

PlaintiffMerchantDateCharge
Anthony Mertson, Owego, N.Y.7OHPLUSJanuary 17, 2026$2.95 — “Shipping Protection by Route” (the complaint notes this may have been slightly less because a discount code was used) (the complaint notes this may have been slightly less because a discount code was used)
Michael Schirano, West Islip, N.Y.Perfect BarSeptember 24, 2024$1.55 — “Route Package Protection”

Those two amounts are the only fee figures in the record. A percentage formula circulating in coverage of this case is not in the complaint, and we do not repeat it.

Four things the coverage gets wrong

Widely reportedThe record
Filed in the Southern District of New YorkNorthern District of New York. Case No. 3:26-cv-01172-ECC-ML, before District Judge Elizabeth C. Coombe and Magistrate Judge Miroslav Lovric
The fee cannot be removedIt can be unticked — but that is not the same as “optional” in the pleading. The complaint says the fee is “presented in the cart as mandatory,” and on May 7, 2026 a federal judge found a reasonable consumer could indeed read an automatically added charge that way
Brought under ROSCA, the online shopper statuteROSCA and the FTC's disclosure guidance are cited as supporting argument. The three claims are unjust enrichment, N.Y. General Business Law § 349 (deceptive acts) and § 350 (false advertising)
The suit seeks $5 million$5 million is the CAFA jurisdictional threshold pleaded to get into federal court. The complaint names no damages figure

The proposed class is everyone who paid a Route shipping-protection fee, with a New York subclass. Plaintiffs are represented by KalielGold PLLC.

There is no claim form — and the forms you will find are not what they look like

The case was filed three months ago. Route has not filed an answer, no class has been certified, and there is no settlement. So there is no fund, no administrator, no claim number and no deadline.

This matters more than usual here, because searching for this case turns up several pages with forms on them. They are law firm intake forms — sign-up sheets for firms building claims — not court-approved claim forms. One firm is assembling a mass arbitration campaign against Route App, Inc. and the affiliated Route Insurance Solutions, LLC, which as of mid-2026 was still at the sign-up stage with no case number at all.

Filling one in is a decision to be represented by that firm. It is not filing a claim, and nothing about it is a deadline.

Two other cases against Route are pending. The one that matters is Cantore and Conley v. Route App, Inc., No. 1:25-cv-04677 (N.D. Ill.), filed April 2025 and very much alive after the May 7, 2026 ruling above — same plaintiffs' firm, same widget, further along. It has no settlement and no claim form either. The second is Biada v. Route App, Inc., No. 2:26-cv-00651 (D. Utah), filed July 10, 2026 and active. Its subject is not public: the free docket carries no readable documents, there is no reporting, and the court's own page blocked us. The docket does show a motion to compel arbitration, sealed filings and a bond — a shape that does not look like a consumer class action, though that is an observation and not a finding. We mention it because it exists, and decline to describe it because we have not read it.

An earlier case in which Route was a co-defendant, Wolf-Bond v. TA3, Inc., ended when the plaintiff voluntarily dismissed — Route on April 28, 2025. A voluntary dismissal is not a settlement and not a ruling.

The regulatory twist: Route is the one pushing for enforcement

Shipping protection sits on an unresolved legal question. If a product pays you when your parcel is stolen, several states say that is insurance no matter what the seller calls it — and selling insurance without a licence is unlawful. New York's Insurance Law § 1101(a) and a 1938 Court of Appeals decision, Ollendorff Watch Co. v. Pink, are the classic authorities.

Two state regulators and the national association of insurance regulators have issued public warnings on exactly this: the Oklahoma Insurance Department in November 2023, the Utah Insurance Department in March 2024, and the National Association of Insurance Commissioners in July 2024. None of them names Route or any other company.

Here is the part worth pausing on. On March 18, 2024, in Phoenix, the NAIC's Market Regulation and Consumer Affairs (D) Committee heard a presentation on shipping insurance. The minutes name the presenter: Corinne Carr, of Route Insurance.

What she told the regulators, in their own summary, is that consumers have three options — buy shipping insurance from a licensed provider, buy package protection from “unlicensed third-party providers and apps,” or buy protection directly from “unlicensed merchants” — and that “the second and third options fail to comply with state licensing requirements for selling and providing insurance.” The sellers, she said, “try to market themselves as warranties, tech solutions, guaranties, self-insurance, etc.… they are still, however, providing insurance and are unlicensed.” She closed by urging the committee “to provide guidance that shipping insurance is subject to the same licensing requirements applicable to other forms of insurance.”

Two days later the Utah Insurance Department issued its warning. The committee she addressed was chaired by Utah's own commissioner, Jon Pike. Route App is headquartered in Utah. We note the sequence because it is on the record; we are not suggesting the warning was written for anyone.

Separately, a package-protection deck circulating among regulators lists eleven providers for them to review and does not name Route — we checked the document. Route's own 2024 guide covers much the same ground and likewise names competitors it says are unlicensed.

We cannot tie Route to that particular deck, and we do not assert it. We do not need to: the position is in the committee's own minutes, in Route's name. And it is this — on the regulatory question Route is the party arguing for stricter licensing of everyone else, while Route Insurance Solutions, which Route calls its own entity, holds the licence. The lawsuit is not about licensing at all — it is about the checkbox.

We could not independently confirm the subsidiary's licence status: the national producer database returned server errors on both attempts, and four state lookup systems could not be queried without an account. We therefore report Route's own statement as its own statement.

We also found no enforcement action against Route by any insurance regulator. That is a search that came up empty, not a clean bill of health — several state order databases were not machine-readable for us.

What to do at checkout

  • Look for the toggle before you pay. On most Route-enabled stores it sits just above the order total and is on by default. Unticking it is immediate and costs nothing.
  • Check your past orders. The line item reads “Shipping Protection by Route” or “Route Package Protection” and is usually one to three dollars. If you find several, keep the confirmation emails — they are the only proof of purchase that exists for a charge like this.
  • If a parcel actually went missing, the protection you paid for is a real product with a real claims process, and that is separate from this lawsuit. Claiming on it does not affect anything here.
  • Do not fill in a form that calls itself a claim. There is no settlement to claim from. If a class is ever certified and a settlement approved, notice reaches class members through the court.

We will update this page when Route responds or the docket moves.

The Data Behind This Story

Case
Mertson v. Route App, Inc., No. 3:26-cv-01172-ECC-ML
Court
U.S. District Court, Northern District of New York — not Southern
Judges
District Judge Elizabeth C. Coombe; Magistrate Judge Miroslav Lovric
Filed
June 3, 2026
Defendant
Route App, Inc., Lehi, Utah
Fees at issue
$2.95 and $1.55 — the only amounts in the record
Mechanism alleged
Pre-selected checkbox; the fee is removable
Claims
Unjust enrichment; N.Y. GBL § 349; N.Y. GBL § 350
$5 million
CAFA jurisdictional threshold — not a damages demand
Claim form
None. Forms found online are law firm intake, not settlement claims
Regulator action against Route
None found — several state databases were not searchable
  • Source: Class action complaint, Mertson and Schirano v. Route App, Inc., No. 3:26-cv-01172-ECC-ML (N.D.N.Y., filed June 3, 2026), 18 pages read in full on September 4, 2026 — the case caption and district, the plaintiffs and their residences, the description of Route as headquartered in Lehi, Utah, the pre-selected checkbox allegation and the “purposely designed to go unnoticed” language, the two fee amounts and their merchants and dates, the quoted Route merchant help-centre advice about leaving the box auto-checked, the three claims for relief, the CAFA pleading, and the class definitions.
  • Source: Minutes of the NAIC Market Regulation and Consumer Affairs (D) Committee, Phoenix, Arizona, March 18, 2024, published in the committee's Spring 2024 materials, PDF read September 4, 2026 — item 5, “Heard a Presentation on Shipping Insurance,” names Corinne Carr of Route Insurance as the presenter and carries the quoted statements about unlicensed third-party providers and merchants and her request for NAIC guidance. The header confirms the committee's name and that Jon Pike of Utah chaired it. Retrieved through a browser session; the NAIC server refuses direct downloads with HTTP 403.
  • Source: Opinion and Order, Cantore and Conley v. Route App, Inc., No. 1:25-cv-04677 (N.D. Ill., May 7, 2026), document 53, full PDF read September 4, 2026 via CourtListener/RECAP — Judge Sara L. Ellis grants Route's motion to dismiss only as to tortious interference with contract, without prejudice, and denies it as to the Illinois Consumer Fraud Act, California's Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act, and unjust enrichment. The quoted passages on a reasonable consumer confusing an automatically added fee for a mandatory one, and on default pre-checked boxes as a condemned negative option, are at pages 10 and 11. The docket shows the case pending with entries through September 1, 2026.
  • Source: Federal docket for the same case via CourtListener/RECAP, read September 4, 2026 — assignment to District Judge Elizabeth C. Coombe and Magistrate Judge Miroslav Lovric, and the absence of any answer, class certification, settlement or dismissal. The free mirror reflects only documents that have been fetched, so the live PACER docket may contain further entries.
  • Source: Docket entries for Biada v. Route App, Inc., No. 2:26-cv-00651 (D. Utah, filed July 10, 2026), read September 4, 2026 — existence, filing date, activity through September 3, and the presence of a motion to compel arbitration, sealed filings and a bond. No document was readable and the court's own page returned a blocking response, so the subject matter is unknown to us.
  • Source: Docket record for Wolf-Bond v. TA3, Inc., No. 2:25-cv-02665 (C.D. Cal.), removed from Los Angeles Superior Court No. 25STCV04719, read September 4, 2026 — Route App as co-defendant and the voluntary dismissals under Rule 41(a)(1), Route's on April 28, 2025.
  • Source: NAIC presentation “Package Protection Offerings – Insurance Regulatory Issues” to the Market Conduct and Consumer Affairs (D) Committee, and Route's own “Guide to Package Protection Offerings,” both read September 4, 2026 — we searched the NAIC document for the word Route and found no occurrence, and compared its “websites to review” list, which names eleven competitors and not Route, against the substantially similar Route publication.
  • Source: State and NAIC consumer warnings on unlicensed package protection, read September 4, 2026 — Oklahoma Insurance Department alert of November 28, 2023; Utah Insurance Department warning of March 20, 2024; NAIC consumer alert of July 18, 2024. None names a company. Statutory basis cited: N.Y. Ins. Law § 1101(a) and Ollendorff Watch Co. v. Pink, 279 N.Y. 32 (1938).
  • Source: Route's own compliance page and policy summary, read September 4, 2026, for its statement that it provides insurance through its licensed subsidiary Route Insurance Solutions. Independent verification failed: the NAIC producer database returned server errors on two attempts and four state licence lookups could not be queried without an account, so we report the statement as Route's own.

Journalists: these figures are free to cite with attribution to Settlement Insight. Custom data pulls: press@settlementinsight.com.

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