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  1. #1
    Hack Racer
    Reputation: Cheers!'s Avatar
    Join Date
    Jun 2006

    Someone is finally fighting UPS (aka Big Brown)

    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.

  2. #2
    no shoes no shirt no dice
    Reputation: Boogie Van's Avatar
    Join Date
    Nov 2005

    ... and if we just ...

    Dude that is so 2 days ago ...... that's when I posted that information in this very forum:

    Slightly OT: UPS Canadian Brokerage Class Action Suit

    Good news though, I can't see why UPS has to be so different when compared to the fees charges by other companies - both private and Canada Post. They wouldn't be using it to pad their profits...whould they?

  3. #3
    mtbr member
    Join Date
    Oct 2006
    That is one of the reasons I support my LBS.
    Almost all good online vendors/stores/etc. in north american are located in the US. As a Canadian it is hard to get good deals online unless you live close to the border and can ship to the US, or try and scam customs by having the vendor declare the goods at a lesser value which is illegal and can turn to bite you in the ass if the package gets lost.
    I once had the UPS man come to my door asking for $800CAN in taxes/brokerage. The US seller accidentally slipped the wrong bill of sale into my package.

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