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Date:         Wed, 25 Oct 2006 18:00:35 -0700
Reply-To:     Nathaniel Poole <npoole@TELUS.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Nathaniel Poole <npoole@TELUS.NET>
Subject:      Re: Canada brokerage fees
In-Reply-To:  <43BD8224-7E85-48F9-BD9E-93A8597E607C@gmail.com>
Content-type: text/plain; charset="US-ASCII"

Happened to me once - bought a motorcycle jacket online and UPS wanted 50 bucks or so. I was not told anything about this from anyone when I decided to buy the jacket (I was told a shipping cost which did NOT include this amount). The vendor was flummoxed when I phoned him. But I had the jacket so told UPS to bite me. A few nasty letters and then nothing. They still deliver stuff though...:)

On 10/25/06 5:09 PM, "Jim Arnott" <jr.arnott@GMAIL.COM> wrote:

> Spotted this in this morning's daily dose of 'news.' Link: <http:// > cnews.canoe.ca/CNEWS/WeirdNews/2006/10/24/2115440-cp.html> > > > October 24, 2006 > B.C. man sets off suit against UPS > By 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.


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