Legal Question in Consumer Law in Pennsylvania

Why did the item have to be shipped overnight? Read the advertisement again. Did the ad specify that items are shipped via FedEx or overnight? If the seller had a choice, then they cannot automatically pick the most expensive means and charge you for it, especially if it could have been shipped by another method.

Or was the quote just a quote and the seller had no clue? It would depend on what the item was, what the ad said and/or what the terms were between you and the seller and the particular circumstances. Was this a sophisticated seller? Then he/she should know better. Also, who bore the risk of any loss if the package had been destroyed? Was it insured? The answers might dictate what you should do.

Of course, being legally responsible and morally responsible are two different things. Nothing stops you from splitting the costs just to make this go away, especially if the seller was partly at fault. On the other hand, if you don't pay, then this is not an amount that the seller will sue you over. However, if you have great credit, you don't want this to appear as a blemish on your otherwise perfect credit report for a mere $40. So you will have to decide.