class action lawsuit agains UPS

[TimG]

Finally someone has the balls to take them on. I wonder how far he'll get.

VANCOUVER (CP) - Hidden fees seem to be an everyday irritant for consumers, but a B.C. man is so angry about a fee charged by United Parcel Service he's willing to become the point man for a class-action lawsuit.

It started after Robert Macfarlane purchased an amplified telephone device from Arizona over the Internet last year. He knew he would have to pay shipping and handling fees and government levies, but he was also ordered to pay a $38.40 brokerage fee charged by UPS.

"It's outrageous," said Macfarlane's lawyer Jim Poyner.

"It's a surcharge that nobody agrees to, nobody knows anything about it until the delivery person is at the door."

Poyner said Tuesday he expects hundreds of thousands of people have been in the same situation across the country, and there are plans to file a similar lawsuit in Ontario.

"It's certainly a problem that affects the entire country."

The lawsuit has been filed under the Class Proceedings Act, but the B.C. Supreme Court must first determine if the case fits the criteria for a class-action lawsuit.

The court action claims the UPS brokerage fee is "so harsh and adverse as to constitute an unconscionable practice."

The same Canada Post service for goods shipped from the United States to Canada costs $5.00.

A spokesman for UPS was unavailable for an interview.

Poyner said people are usually never told there will be an added fee until there's a knock on the door.

"(The delivery person) has your goods in one hand and the other hand is out wanting to be paid more money," he said.

The lawsuit accuses UPS of misleading and deceptive practices by failing to get the consumer's consent, not telling the consumer about the fee and not allowing the consumer to arrange their own customs clearance.

Not only does Macfarlane want his own money back, but the lawsuit wants everyone who paid the fee reimbursed.

Poyner said the other major goal of such a lawsuit is what the court calls "behaviour modification."

In one of 10 remedies requested in Macfarlane's statement of claim, it asks for a permanent injunction stopping UPS from continuing to charge the fee.

It also asks for punitive, aggravated and exemplary damages.

http://www.cbc.ca/cp/Oddities/061024/K102418U.html

[ogpog]

"Not only does Macfarlane want his own money back, but the lawsuit wants everyone who paid the fee reimbursed."


If i got a reimbursement for all of the money ive had to dish out to those horse-fuckers, I probably wouldnt half to work for the rest of this year.

[DoubleLP]

I am sure pretty well everyone on this forum would be getting a nice big cheque in the mail.

[dennisaur]

i wouldn't mind getting a cheque back from those guys... that fee IS insane

[Toms-SC]

Won't win.

[canadiandaytona]

Ya I hope he wins but UPS will have some Big Money lawyers backing them up

[Tik-Tok]

Why's he limiting it to UPS? Fedex Ground does the same.

[khtm]

Fuck where do I sign up?

[S4maniac]

UPS tried this on me last year for a door prize I won at a conference in Florida. I won a bunch of stuff, they shipped it UPS as a gift. It was dropped off, and a week later I got a bill from UPS for $35. I called up UPS and told them I don't want the gift if I had to pay $35, so come pick it up and send it back.

They waived the fee because "they hadn't informed me of the fee before drop off". Thats exactly what this guy is suing them for. Hope he wins ... he'll sure get a lot of Christmas cards if he does...

[canadiandaytona]

I'll give him a cut of my check to help with legal fees...

[rage2]

Originally posted by canadiandaytona
I'll give him a cut of my check to help with legal fees...

That's already how a class action lawsuit works. Let's say the settlement is like $10m. 70% of that goes to lawyers, 30% goes to people in the class action lawsuit. So if the judgement pays out say $100 to you, you'd only get $30.

[86max]

Good for him! Even if he doesn't win, at least he might be able to take those bastards down a notch or two.

[Xtrema]

The suit will never get off the ground because there's another government party involved, Canada Customs.

UPS may turn around and point finger @ Customs for the extra processes. If they are not allow to charge this, they'll sue Canada Custom to provide the service free of charge. Or let the package go to customer and let Customs do their own collections.

This may also affect the custom brokage industry.

If he actually win, expect UPS/Fedex to spin off custom brokage and let 3rd party (like PBB Global Logistics) take care of it.

Then there's also a chance to expose the Crown coporation monoploy, Purolator/Canada Post. UPS and Fedex loves the chance to show that this Crown coporation isn't playing on a fair field and force Canada Post/Pruolator charges the same fee. Now everybody loses.

Custom Act on importing:
http://www.cbsa-asfc.gc.ca/general/faq/menu-e.html#8

[TurboMedic]

YES! I'm totally game! I hate UPS, and my most recent aggrvation, I bought an air nailer off Ebay, it cost me over $90 because of UPS to get it shipped (thats shipping alone!), I bought the thing for $75!!!! Motherfuckers....where do I sign? I always ask the UPS guy when he shows up "whatever happened to free trade?" . I guess NAFTA means nothing to UPS!

And to the above point, how can UPS point a finger at customs, when CP customers don't get dinged with "brokerage fees"?

[GoChris]

fuck ups

but the difference with fedex is...just don't pay them, they don't collect at delivery so you aren't on the hook for the payment, they can't legally make you pay after they give you the package. i just get annoying letters is all.

[Supa Dexta]

Once and one time only did I let these fuckers get me, never again, and I hope they get cleaned in this...

[95EagleAWD]

UPS sent me a letter in the mail yesterday for brokerage fees THAT I ALREADY PAID!!!

Fuck UPS. Fuck 'em dry and hard.

[anarchy]

Awesome! These guys can go to hell! I paid 100 bucks for a putter online, ended up paying an additional 75 to UPS.

I doubt this will work but if it does, HALLELUJAH!

[rage2]

Originally posted by Xtrema
The suit will never get off the ground because there's another government party involved, Canada Customs.

UPS may turn around and point finger @ Customs for the extra processes. If they are not allow to charge this, they'll sue Canada Custom to provide the service free of charge. Or let the package go to customer and let Customs do their own collections.

This may also affect the custom brokage industry.

If he actually win, expect UPS/Fedex to spin off custom brokage and let 3rd party (like PBB Global Logistics) take care of it.

Then there's also a chance to expose the Crown coporation monoploy, Purolator/Canada Post. UPS and Fedex loves the chance to show that this Crown coporation isn't playing on a fair field and force Canada Post/Pruolator charges the same fee. Now everybody loses.

Custom Act on importing:
http://www.cbsa-asfc.gc.ca/general/faq/menu-e.html#8

They are allowed to charge for customs processing/brokerage. The fee is there because customs charges you duty and GST, and UPS pays for it on your behalf so it's like a small loan. UPS is charging you for

a) paperwork
b) loaning you the money to pay for duty/GST.

Well technically they're not loaning you the money, but that's what they tell you. UPS doesn't pay the government right away, they pay on a monthly basis. In any case, Canada Post does all this for $5, regardless if the package is taxed on $20, or $200,000. The class action lawsuit pretty much wants to change how UPS handles things.

a) It's very hard, if not impossible, to find UPS brokerage information, other than the fact that express and expedited gets free brokerage.
b) UPS never posts how they calculate brokerage fee. You will never know how much you've been charged.
c) They're misleading consumers saying it's a lenders fee, when in fact it's not.
d) There is no option to use your own brokerage (they've stopped allowing that now)
e) It's almost a monopoly on US --> Canada shipments, as the majority of ebay sellers only ship UPS.
f) Canada Post does all this for $5. But you can't choose them most of the time.

There is a legit case here, and it'd be nice to force UPS to change their practices. a to c would force them to do full disclosure on brokerage charges and disclosure of brokerage fees to the shipper, d would open up a shitload of brokerage houses for ebayers, e and f probably would do nothing since they can charge whatever they want, as long as there are other options for consumers. They might adjust their prices a bit, but very doubtful since US guys love UPS, it's cheaper for them to ship so they make more money as ebay sellers.

Originally posted by TurboMedic
I always ask the UPS guy when he shows up "whatever happened to free trade?" . I guess NAFTA means nothing to UPS!

And to the above point, how can UPS point a finger at customs, when CP customers don't get dinged with "brokerage fees"?

Nothing to do with Free Trade. You still have to pay GST and file customs paperwork, and they're charging ridiculously for this service. UPS can point their fingers at customs because they are charging for a service, just retarded $ amounts though.

[topher91]

FINALLY.....!

Oh and kinda on topic....

I have yet to pay an outstanding brokerage fee with UPS for the wheels I got shipped from the US and A....

Does this affect my credit? that would sux.....

But you go guy!

Chris