If UPS adjusted your shipping costs for packages you may be eligible for a payment from a class action settlement.
A class action settlement has been reached in a class action lawsuit against United Parcel Service, Inc. (“United Parcel Service” or “UPS” or “Defendant”) pending in the United States District Court for the Northern District of Alabama (styled Barber Auto Sales, Inc., individually and on behalf of all persons similarly situated v. United Parcel Service, Inc., , Class Action Case No. Case No. 5:06-cv-4686-IPJ) alleging, among other things, that UPS audited the dimensions of packages when UPS’s measurements of height, length, and width differed from those provided by customers, resulting in a higher charge to customers, according to the Barber v. UPS Package Shipping Cost Dimensional Adjustment Audit Class Action Settlement notice.
The Barber v. UPS Package Shipping Cost Dimensional Adjustment Audit Settlement Class reportedly includes all persons who, unless otherwise excluded:
• Shipped packages with UPS between May 15, 2006 to the August 29, 2011 and
• Had a shipping charge adjusted upwards as a result of UPS’s audit of package dimensions
Under the Barber v. UPS Package Shipping Cost Dimensional Adjustment Audit class action settlement, UPS has reportedly agreed to establish a Settlement Fund of $2.0 million from which identifiable Settlement Class members may receive account credits or payments. Additionally, UPS has established a $10.0 million Compensation Fund for account credits or refunds for future upward adjustments. UPS is also reportedly providing additional information to its customers, including more information on how UPS calculates certain shipping charges and how customers can avoid shipping cost adjustments.
The Court will hold a Final Approval Hearing at 11:00 a.m. on December 5, 2011, at the United States District Court for the Northern District of Alabama, Hugo L. Black U. S. Courthouse, located at 1729 Fifth Avenue North, Birmingham, AL 35203.
For more information on the Barber v. UPS Package Shipping Cost Dimensional Adjustment Audit class action settlement, visit the Barber Auto Sales v. UPS class action settlement website:
www.barberclassaction.com
If You Have Thoughts On The Barber v. UPS Package Shipping Cost Dimensional Adjustment Audit Class Action Lawsuit Settlement, Share Your Class Action Settlement Comments Below.
I am a painter and ship paintings nationally with UPS since 2004. They are shipped in custom made boxes with the box dimensions printed on the box. I generate air bills on the web. My long standing issue has been that I cannot get the exact price for the package. Package sizes are changed, dim weights are changed [ I just mailed out a package that weighed 30 lbs. and was charged for 90 lbs dim weight
because it was a large package.] I generate return air bills also and some of the prices have been changed. The issue, Ineed the exact price of the shipping before I send the package, giving me the option of not sending it if I feel that the price is prohibitive.
I’ll be willing to participate in the settlement
I have been shipping with ups for 21 years I have preffered status and an account rep. Not until I received a class action suite notice, that I noticed the formula for their dim weights have been changed. After contacting ups they said it was stated on my jan. 1st statement. No rep. to give me a heads up on price change especially after giving up an account with a competitor of theirs.
This is in reply for the lawsuite against UPS in re
UPS Dimensional Adjustments Settlement
Harold Singer
Owner of Best Wishes of Boca
We were a UPS Customer and shipped packages via UPS, some of which were dimensional adjusted…often resulting to charges to my accont for what they advised were incorrect measurments.
Harold Singer Owner of
BEST WISHES OF BOCA
Over the period this suit covers I have incurred numerous “adjustments”. Some of them quite significant. Filing a claim seems to require a listing of all of these charges. Is there any way to get a full report of these charges from UPS through the court. Records on their site go back only one year. Digging through 5 years of records is not an option.
shipping cost should have been available!
I am willing to participate in the class action suit.
I am willing to participate in the class action suit. priceing should have been available before it went up.
I agree with Gary Long. The Class Counsel has done a poor job for the 4 million they are getting. UPS should be able to generate a statement of these overcharges for us. The burden of proof should not be on us.
It doesn’t make sense do pay someone to rummage through 5 years of invoices to find fifty bucks worth of overcharges. (I can tell you to the penny every amount I’ve given to them in that period, but I don’t know what amounts are due to adjustments…)
please contact me or provide an adress wher i can contact you.
have 10 years of documentation you may be interested in…
I’ve had a UPS account for many years. I’m an artist and when I ship a painting the weight may be less than 20 lbs and I’ve been charged as muxh as $110. as a wieight adjustment for size. I need to know how the settlement works and obtain claim forms, and know if there is a charge for your service. Thank You, Vel Miller
where do i get a claim form
richard kuchta
owner
where do i get a claim form
I received your notice in the mail today, where can I find the claim form? Your notice directed me to this page for the claim form, but I’m not seeing any links.
Best reagrds
Stan
I have an account with UPS, for the last couple of years they have been overcharging me, and not just for the size of the shipping box, they have siad the weight of my package is more than what I claimed, which is a lie.
I own a computer hardware review site, company’d send us their products to be reviewed, and I ship them out to my reviewers. All I do is add a new shipping label, and they claim the packages weigh anywahere from 8lbs to 20lbs more, which is impossible.
I even ran this by my UPS driver, and he said he would talk to them but the overcharging continued. If you ship to Canada they double the weight of your package, which is something my UPS driver said they shouldn’t be doing.
Where would I get a form?
Why are UPS scales more accurate than mine??
I cannot find the claim form anywhere on your site. Your notice directed me to the website but I cannot find a link anywhere to the claim form. Also left a voice mail on your phone system, with my telephone number. This should be easier!
I have had many overcharges with UPS over the years, and would not want to miss out on this class action suit.
Please advise.
Take a look at this: https://367416702299228053-a-1802744773732722657-s-sites.googlegroups.com/site/tedfrank/files/barber.166.heaserobjection.pdf?attachauth=ANoY7crngnPBoo233_7iOSBEkC6_xY6biMYw-DkjpU3FLCIF4td_lhAed4C6xcUCsZTChg2agadxAaJFSON6fvqiuL8yra2jIyNTWuuoxxYNEbzay74ACa-tb9AMmAVPKhXR-7QVvqfrxr1iTEvC-KX9drEloqH–R-6RrTaMQlPcevyQihxetsfsQu8AZ66hI_9_yugASAJKO4JT6ffuWHoanIMoe91Hqx6ON_-8lajS1vNymORiJA%3D&attredirects=0
I am not sure on everyone else but if you look at this what will 2 million cover when there are Millions of UPS accounts. You will be lucky to get $1 or $2 with this. But the lawyers will get 4 million. To me the lawyers sold everyone out with a side deal to UPS. UPS now gets to close out potentially millions of separate lawsuits for pennies on the dollar unless you opt out or contest. Then to top it they are setting aside another 10 million so that they can continue to overcharge?
What alternatives are there?
If I opt out, do I have to go it alone?
Stan
Opting out is not a option at this point as the deadline has already passed.
barberclassaction.com/ImportantDates.aspx
“• Exclusion Deadline: You have the right to exclude yourself from the Class. If you exclude yourself, you cannot recover any payment under the Settlement. To exclude yourself from the Class, you must do so on or before November 7, 2011.”
Hopefully the end result of the objection to the class action settlement will result in a fairer settlement. UPS put 16 million on the table (where as 14 million does not help the class settlement bottom line) If it is successful maybe we will see something worth our while to actually dig through 6 years worth of invoices.
For those of you needing old invoices: UPS will for a CHARGE send you paper copies of your invoices for up to the last 7 years. (for us it was $50 plus $25 shipping)
Also to show you how rampant this type of over charges really are there are specialty companies who will for a fee go through your shipping invoices.
google.com/search?q=shipping+cost+audit&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
i just recieved a bill from UPS where they changed the size of 2 packages and added $100 per package more to our statement. We have more of the one package we shipped so we could tell them their audit change was incorrect and they could come measure one in our store themselves if they didn’t believe us, so they said they would credit us that one, but the other was just a random package that even though it was a good size box, it was only a single piece of formed plastic that weighed 23 pounds, but the audit changed it to 137 pounds and they would not change that one. too bad this is after the dates of the suit
We have been a UPS daily shipper since 1990 and have full documentation of “up-charges” We complained many time to our rep and nothing was done. I want my money back from UPS, NOW! What do I need to do to get reimbursed? We weigh and measure our packages carefully and know what we sent. UPS should be able to provide exact shipping rate on their software that we use. My sources say they “pay” auditors commissions on all “up- charges” they “find”. UPD needs to make this right and make us whole. Brown, I know what you can do for us!!
We own Domain Home Accessories and Gallery in Gulfport, Florida. We have used UPS to ship lamps and various art across the country. Several times the items shipped were damaged or never made it to the address. On (2) occasions, we shipped the packages after getting a confirmation of cost and then found a second charge to my credit card the following month for fuel surcharges of $16.00 each time.
Many times we’ve gotten packages delivered that made it safely from the vendor only to be broken upon delivery to our store when the driver would just drop the packages marked glass.
So yes, we are very dissatisfied with UPS and it shows in their own delivery drivers.
To further my last posting; I can’t find a link to the claim as described on the postcards I have just recceived.
We use UPS for 3 car dealerships. One dealerhship had $4400 in DIM charges while the other 2 were around $500 each. The dimensions appear to be within UPS guidlines on those boxes we were charged extra. UPS won’t talk to me except to say their fees are correct. How can a 16 lb pkg be rated as 199 lbs when figuring dimensional weight? It just doesn’t compute. Why are they just picking out the one dealership? I’ve called my rep. We’ll see if he calls me back. How do we submit for the future claims that are still continuing as we file for the old charges?
We have thousands of dollars in over charges!!
This issue has not been resolved I own a retail shipping store and UPS consistantly adjust package diminsions and charges the adjusted rate. We then have to spend time to research each package,contact UPS billing and fight for our money. If there is an active lawsuit we have hundreds of examples of this practice..
I HAVE SHIPPED MANY PACKAGES THRU UPS. I WANT TO SHARE ANY MONEY.
I got a leter in the mail to day wanting proof of my over charges.
I have aready sent every thing I had a total of $ 3,495.00
I cant tell all of you now, from the run around from phone to e-mail
the lawyors are the ONLY ones that are going to see any money from this.
UPS is to big to fight. This is all a scam…….
why this letter has no CONTACT INFO with this deadline of all this info! this is BS WE WANT OUR MONEY BACK!!
I got the same letter. There is no information as to how to contact anyone or to correct the claim. I made a claim for $1,000 (the max stated). The letter said I went over the limit. Obviously I did not.
Does anyone have the address to send this by fedex? I agree that there is no contact info on this . Even an email to send questions to would have been nice. They are making this very difficult.
Also, I was never told there WAS a limit. I received the same letter its seems you guys did. And it stated that anything OVER 1000.00 needs all this documentation. Which I can and have provided. I was not aware there was a cap.
We have been a UPS customre for ovre 16 years and they have been over charging us on most of our shipments. Now they want proof of my overcharges but no contact information. They gave me a deadline but no address to send my proof to. I have left numerous messages with no call back and now my time is up as of 2/10/12. I feel like everyone should get part of what they overpaid back and the proof should solely fall on UPS as they are the party willingly and blatantly taking advantage of their customers.
I smell another class action
Just got our settlement check – we submitted claims for $1,315 – settlement amount is….$81.77!!! For the amount of time required to document the claim, this is just plain insulting!
We submitted $5,682.23, got $353.16
Looks like you get back about 6% of your claim.
$16k with proof and tracking.
check was $1025.00
Ditto here on the 6%. I submitted claim and FULL documentation with ALL the actual UPS invoices showing the overages in excess of $4000. My check was for $282.72. Considering it took me over 3 hours to compile the over 200 invoices, make copies, and FedEx it…filing this claim actually cost me money when I factor in what my time is worth. What an insult. And there is NO contact info to ask questions of dispute the amount.
Since you make over $188K per year, you are probably ok.
I had someone go back and make copies of almost 5 years worth of adjustments amounting to well over $3000 (just in DIM wt adjustments!) I got a measly $300 credit on a recent statement….that didn’t even cover the time involved in doing the documentation!
I first discovered UPS changing our package dimensions back in 2004. I had to analyze each weekly bill to find which packages were incorrect…took hours. Then I had to let UPS know so that I could get a credit on our next bill. On one box we were over charged more than $200. I knew this lawsuit would be coming at some point. Glad to see it actually happened. Just think of all the extra money UPS made above and beyond….Way more than what was paid out on this settlement. I ship FedEx now.
It is very sad to think ups would take advantage of a veteans organization as e are sure they did to ours, we sure could use the refund of money they caused us to over pay, UPS please do the right thing show that you do not cheat people. Signed Dr.Barry A.Krupkin United Veterans Of America World H.Q. 46 Veterans Lane,Freeport,Florida 32439 Tel 1-(850) 835-2163
Well…i did NOT receive a check. I contacted one of the law offices listed on barberclassaction.com [which by the way, is now offline] and a month later, the paralegal said UPS did not respond to her inquiry and that she will contact me in 2 days. I don’t think i will hear back from her nor UPS. I filed a claim for $19,000. Yep. a lot of $. Whether or not UPS or these scummy law firms want to pay out, I am going to change companies.
By the way, to all the small business owners out there…. USPS is way cheaper and usually quicker. COD s are not efficient, but most companies do away with that, as we are.
Can someone tell me why the settlement checks are only a fraction of what is owed? And what do these lawyers get? If I had known that all of these class action suits meant the actual damaged parties do the hard work, lawyers receive $200+/hr compensation and we get slapped with less than 8% of the damages, I would not have participated.
This whole things is a disgrace.
big problem with dimensional weight. ”big problem” I have a industrial supply business. They have been hammering me for years. Don’t know what to do anymore with them. Package sizes are changed, dim weights are changed [ I just mailed out a package that weighed 30 lbs. and was charged for 90 lbs dim weight. I feel that this is the biggest rip off in the world today. I tried calling my rep. They never got back to me with some kind of solution at all, they just swepped it under the rug like it didn’t exist. I’ve been doing business with them for 15 years. It’s a disgrace. Until now I didn’t know what to do. Shipping cost should have been available! I am more than willing to participate in the class action suit. They must owe me at least 25 thousand dollars.
What do I have to do? Is there anything I can do at this point?
For one year, my company has tried to get the refund that UPS owes. UPS has ignored the requests and been playing run-around tactics.
So what do we do? Switch to FEDEX and USPS, which by the way are often quicker and less expensive.
Big Corps with such greed and dishonest practices ALWAYS end up in bankruptcy because they run out of small businesses to rip-off. There is always a choice. My choice is to BOYCOTT UPS and SWITCH TO FEDEX and USPS.
UPS changed their DIM calculations on domestic packages years ago. They went from dividing by 194 to dividing by 166. The division by 166 was what they used on international packages and by changing it to domestic packages they were able to get packages to DIM out greater than before. A 16″ x 16″ x 16″ package divided by 194 DIMs out to 22lbs. That same package divided by 166 DIMS to 25lbs. Not a huge difference on this package, but on larger ones it can be a lot. Good luck getting anything from UPS. We own a UPS store and get screwed by them all the time. They’re not interested in the little guy, only their bottom line and big fat bonuses. Their CEO, Scott Davis, got a $9 million bonus last year. How big was your bonus?
I moved out of CA in 2011 and did not know about this nore did i ever get anything in the mail about this. I had a UPS account for many years and got fed up with them switching pricing around and billing me for 3 or 4 x more then the package actually cost. I got so fed up with them that I SWITCHED to Fed X and I am happier for it. I just wish I would have known about this as they would have owed me a few hundred dollars. I know that may not be much but to me right now and my financial situation it would help me greatly. I am pissed that I was not notified and Pissed I had been overcharged for so long. I wont even let companys i order from ship me items using UPS because I am that mad at them.
Angi
Former UPS customer