UPS in Class Action Suit in Canada over fees

jan normandale

Film is the other way
Local time
4:13 AM
Joined
Aug 31, 2004
Messages
3,878
Here's a cut and paste on the topic from the Canadian Press newswire services.

Basically UPS are being taken to court over 'hidden' fees which are not disclosed until the goods are at the door. A few members of RFF have commented on this practice and might be interested in this development


B.C. man sets off class-action lawsuit against UPS over hidden brokerage fees
17:51:11 EDT Oct 24, 2006
Canadian Press: TERRI THEODORE
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.
 
Last edited:
Hope they win. I have not used UPS in over 20 years after being stung with their broker fee the first time.

Bob
 
After being beaten up on UPS surcharges as listed above I always ask people to use the US Postal Service. It's better, a quarter the cost and a day longer than UPS.. for those savings I can wait a day. I'm no longer a believer in the adage "private sector companies are always better than government" my vote goes to the USPS they are great!
 
And from this side of the border I agree completely. It's about time someone roped these gangsters in. I'd like to see class action suits against FedEx, PayPal, and eBay next.

Do not ever give FedEx your credit card info, they will abuse it. They sometimes add on charges *after* you have dropped off, paid for, and shipped a package.

PayPal and eBay can be the subject of another thread.
 
Last edited:
I've been burned by UPS more than once. The 'brokerage' fees are nothing but gouging. I hope this action wins.

Gene
 
about time someone stood up to this highway robbery.
I have a feeling that certain corporations get special
treatment with the Canadian G'ovt.
even at a local level , one that comes to mind is the Timmy's fanchise,
they seem to let them build these coffee & doughnut palaces even if they pose a detriment to traffic flows.
 
YES!!! Finally. This pissed me off more than the Canadian-US soft-lumber dispute! I've refused to order from any business that will only ship with UPS. When building myself a new computer two years ago, I racked up over $300 in brokerage fees from UPS. It completed wiped out any savings I would have made by purchasing the parts in the US instead of Canada. Since then, I insisted on USPS otherwise I won't buy the product. A few times US sellers sent me products by UPS after telling me that they would send it via USPS. Luckily they were small items and I only incurred a fees of a few dollars.
 
I always ship USPS because of this. I won't even bother with UPS for in-US stuff, but I knew the problems with it in Canada and I'm also glad someone is now doing something about it.
 
back alley said:
is there a legal fund we could send money to?

:)


Yes there is: my bank account! I will accept any payment, and I promise that I will curse UPS.
 
I get p'd-off when the only "choice" for shipping is UPS. They are one of the most inconvenient, package-crushing, reliably undisposable when you need them, labor-squeezing shipping firms I know. The only company that does worse than them is DHL.

You cuckoo Canadians, going against the faceless, the-buck-stops-nowhere infallibility of a multinational corporation.
 
YES !!! I hope they burn in hell....

YES !!! I hope they burn in hell....

.... bravo to the guy in BC.

I have told others in the US that I'd pay them extra to NOT use UPS.

So - what happens when he wins?

I've thrown out my receipts, but conceivably, could we all get a refund?

....Vick
 
jan normandale said:
After being beaten up on UPS surcharges as listed above I always ask people to use the US Postal Service. It's better, a quarter the cost and a day longer than UPS.. for those savings I can wait a day. I'm no longer a believer in the adage "private sector companies are always better than government" my vote goes to the USPS they are great!

I cannot say anything too terribly bad about USPS and Canada Post and think they get unfairly abused, I have used both and have not had a problem. The corperate structure in the private sector is just as bad as most governments. I don't know which is patterned off of which.

Bob
 
When tracking was not available with USPS, then using a private carrier was frequently the better choice, and you had to "pay the penalty" of extra charges/fees, etc. But I've always been angered by the brokerage fees of UPS, as they are onerous.

The only time I've used UPS recently here in the Excited States is when I am shipping film to Dwayne's and I did NOT want USPS to x-ray it. But sending even a small number of rolls via UPS was hideously expensive, so I won't use them again unless there's no choice.
 
jan normandale said:
Here's a cut and paste on the topic from the Canadian
B.C. man sets off class-action lawsuit against UPS over hidden brokerage fees

This is fantastic news! I hate those UPS *******s with a passion. Several years ago, they left a package at my work and then sent me the invoice for the $35+ dollars in brokerage fees on a $35 item in the mail.

I sent them a cheque for the amount of taxes plus $10 for brokerage. They never cashed it, and tried to collect. The harrassment only stopped after I served them with a threatening letter listing all the letters after my name (I prosecute drug dealers for a living).

Now they have wised-up and hold the item until you pay, which is not in itself legal, but they count on they fact that no one is going to launch a lawsuit in Superior Court and seek an injunction to force them to hand over a $40 item.

Since they have no contract with the recipient (only the shipper) you are not obligated to pay anything more than what they paid to the government on your behalf, plus a reaosnable amount for their service doing that. Every other courier company does this for MUCH less than they do, leaving them in a weak position to claim their fees are reasonable.

It should be very interesting to see how this turns out.

- N.
 
I was wondering what a "reasonable" amount would be, but calculating an industry average would obviously set a benchmark.
 
I was going to UPS a small light package to Switzerland. They wanted $47.00.

I took it to the post office, put the negs and pics in a envelope and paid $3.00

Expensive/hard to replace stuff now goes international post insured. I just sent an take up spool to Canada for $15.00 insurance and all. It was for an M5 and not replaceable/also new. Without insurance it would have been much cheaper, but again impossible to find.
 
Trius said:
When tracking was not available with USPS, then using a private carrier was frequently the better choice, and you had to "pay the penalty" of extra charges/fees, etc. But I've always been angered by the brokerage fees of UPS, as they are onerous.

The only time I've used UPS recently here in the Excited States is when I am shipping film to Dwayne's and I did NOT want USPS to x-ray it. But sending even a small number of rolls via UPS was hideously expensive, so I won't use them again unless there's no choice.
Is tracking at UPS real? I heard of a thread on another site where an insider at UPS was claiming that tracking was based on statistical computer models of where your pakage should be at "such and such" a time -- not real package scans. I suspect myself that UPS tracking is just another B.S. marketing ploy along these lines. At least USPS is honest about tracking -- they don't do it, except in a limited sense for some services.

Buyers seem to really be enthralled with tracking, but it may all be bogus.

Also, to my cousins in Canada, please don't think USPS represents American values -- it does not. I am as disgusted with them as you are. Their dishonesty extends in all directions. For instance they run a chain of distributors, "UPS Stores", that are really pack-and-mail places that specialize in marking up their rates and offering other dubious add-ons to jack up the price of shipping.

They have great marketing people though. I've had buyers of items I've sold demand refunds because I refused to ship UPS. UPS has apparently convinced the great unwashed that they are superior to our great national postal system.

I know of a lot more scams they play, but why waste my words -- I just don't use them anymore -- thank God for USPS!
 
My company ships out 2-3 dozen packages and overnight letters a day - I've tried them all and UPS has performed the best for us. Love the service.
 
Back
Top Bottom