BleachTech L.L.C. v. UPS Inc.

This website advises you of the proposed Class Action Settlement (“Settlement”) of the class action lawsuit, BleachTech L.L.C. v. United Parcel Service, Case No. 2:14-cv-12719 (E.D. Mich.) (“Lawsuit”). In the Lawsuit, Plaintiff seeks relief on behalf of itself and all persons or entities who, from January 1, 2011, through December 29, 2013, tendered to UPS (or paying party if the package was billed to a different account than the shipper) one or more U.S. origin packages under contract with UPS with a declared value in excess of $300 charged pursuant to UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail rates. In such instances, Plaintiff alleges UPS breached its and Class Members’ shipping contracts by overcharging them for the first $100 of declared value for such shipments. UPS denies all allegations of wrongdoing.

Plaintiff’s claims (“Class Claims”) are described more fully in the Frequently Asked Questions. You may have received a Postcard Notice or email if UPS’s records reflect that you are a member of the proposed Settlement Class (defined below).

This case concerns UPS’s shipping contract where a shipper, like Plaintiff, purchased additional protection for loss of damage beyond the $100 protection provided by UPS without additional charge. UPS’s shipping contract allows shippers to increase UPS’s liability beyond $100 by declaring a higher value and paying an additional incremental charge “for each $100.00 (or portion of $100.00) of the total value declared.” Plaintiff alleges that from January 1, 2011, through December 29, 2013, UPS breached its shipping contract with Plaintiff and Class Members by applying the incremental charge to the total value that Plaintiffs declared instead of only to that portion of declared value over $100.

UPS maintains it did not breach its contracts with Plaintiff and Class Members and denies all allegations of wrongdoing. The Court has not determined whether the allegations made by Plaintiffs are correct.

To resolve the Lawsuit, UPS has agreed to pay as part of a Settlement Common Fund $4,850,000, and to pay one-half of the settlement administration expenses, including notice costs. Class Members who do not exclude themselves from the Settlement will be paid from the Net Settlement Fund via checks to Class Members without active UPS accounts and via credits to Class Members with active UPS accounts. As part of the Settlement, UPS will also stipulate to injunctive relief in the form of changes to language in its applicable U.S. Rate and Service Guides for three years.

The Settlement resolves all claims against UPS and applies to all members of the Settlement Class who do not exclude themselves from the Class by May 30, 2022.

Your legal rights are affected whether you act or don’t act. Read this website and the Notice carefully.