United Parcel Service Informative - UPS dupes unsuspecting consumers with a fraudulent “guarantee”
UPS engages in a pattern of misrepresenting its “guaranteed” delivery date by reneging on its commitments without justification and misleading its customers to evade responsibility.
My family planned to vacation in Utah from 12/29/07 to 01/05/08. To lessen the burden of luggage for our party, including an infant and severely ill child, we called UPS to arrange shipment of our luggage. UPS assured me that there would not be a problem: they said there would be ample time for our goods to arrive before our vacation began. I heard no disclaimers, qualifications or limitations of liability – just a commitment that our luggage would arrive on time, so I paid $175 for shipping and insurance.
A week later, after our luggage was en route, I learned that UPS had no intention of delivering our luggage until our vacation was almost over. They said delivery had been “rescheduled” offering no apologies. When I pointed out that our vacation would be ruined unless we bought replacement ski clothes and equipment, UPS concocted a story that “we should have been told” delivery was not guaranteed. After many efforts to get the truth out of UPS, their representative Paul Bason admitted in an email on 1/2/08 that UPS had given us incorrect information,” but refused to pay for the costs of UPS’s mistake because that was UPS “policy.” Bason alluded to an obscure disclaimer contained in a boilerplate agreement never shown to us or mentioned when UPS took our money and promised to deliver our goods on time.
I asked many people at UPS for help, but all the representatives I spoke with refused.
MISCONDUCT BY UPS
- UPS offers unsuspecting consumers a "one-way" commitment where consumers
must pay, but UPS is under no obligation to honor its promises.
- UPS provides misleading information to consumers about the nature of UPS
"commitments" to deliver goods when and as promised.
- UPS engages in a pattern or practice that deprives unsuspecting consumers
of the benefit of delivery and insurance commitments.
-UPS hides behind obscure boilerplate disclaimers not revealed to consumers until a claim is raised
In addition to paying my out-of-pocket costs, I have asked UPS to:
1. Investigate the existence of patterns and practices described
above to determine whether a significant number of other similarly situated
2. Provide a clear written disclaimer in UPS's consumer-directed
communication that UPS assumes no liability for loss resulting from its
failure to honor its commitments and provide a similar verbal warning before
confirming delivery dates.
UPS’s refusal to comply speaks for itself. It is an unethical company that engages in dubious business practices.
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