8

I went to my local UPS store to send a package to a place in North Carolina that buys dishes, crystal, and flatware. I handed the UPS store the address and the clerk printed out the ticket because of the nature of the item being shipped, I opted for insurance.

A week later, I see that the package made it from California to North Carolina, but said it was on its way back. I call the recipient and they told me that UPS will not deliver to them because there is a lawsuit between the recipient and UPS. The company (recipient) did not refuse my package, they never got my package. I call UPS consumer service and was told that the recipient should have told me not to use UPS and refused to give me a refund.

Can UPS take my money and business, if they had no intention of fulfilling their side of the transaction?

  • Are they returning whatever you mailed? – Putvi Apr 15 at 20:36
  • 2
    Never seen that happen before, fascinating. – ohwilleke Apr 15 at 20:43
  • I'm no lawyer, but I'm guessing there are only two parties involved in your contract with UPS to delivery your package... You and UPS. It seems wrong to me that UPS should refuse a refund based on the reasoning that someone else "should have told me not to use UPS". My response would have been "Why didn't UPS tell me not to use UPS?". – James Apr 16 at 11:18
  • My parcel is on the way back to me, after 10+ days of hard travel. Yes, I did ask all the many many UPS reps why UPS did not refuse the parcel, but no one had a logical answer. – What TheHay Apr 17 at 14:08
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Is UPS allowed to take my money and business without intention to fulfill its side of the transaction?

No. The company's belated change of mind constitutes breach of contract, and its subsequent refusal to give you a refund completes the prima facie elements of fraud and/or unjust enrichment.

The company's acceptance of your package & money and its subsequent act of sending your package to NC strike the applicability of its clause on Refusal of Service (see the link provided in the other answer). The blanket term of "among other reasons" is hardly enforceable at that point.

In particular, the existence of a lawsuit between the recipient and the company further weakens any merits of the company's belated change of mind. That is because, by virtue of that lawsuit, the company currently has to deliver to that same recipient other packages anyway. Thus, the company cannot allege that delivering your package "is unsafe or economically or operationally impracticable".

Also, since you are the one who paid for the service, the company cannot withdraw on grounds of "the person or entity responsible for payment is not in good standing".

  • In addition, they took the OP's property under false pretenses, and deprived them of possession of the property for several days. Theft requires permanent deprivation, but there are likely other criminal charges that could be levied. – Acccumulation Apr 16 at 20:24
-1

Your contract at clause 7 lists a number of reasons where they may choose not to deliver. The one you quote is not among them but the list is specifically not exhaustive. It says:

UPS reserves the right to refuse to provide service, among other reasons,

Even if they are in breach (which is by no means certain) your recourse is heavily circumscribed by clause 55 and your method of making a claim is in clause 54. Based on a brief skimming, you appear to be limited to a refund and the difference in cost between UPS an an alternative delivery method.

  • Clause 7 refers to refusing to mail a package. It does not pertain here. – Putvi Apr 15 at 23:20
  • I'm not seeing anything in clause 7 that applies. – Mark Apr 15 at 23:47
  • Right to refuse and right to revoke are not the same. – A. K. Apr 16 at 16:38
  • @A.K. I don’t think the relight to refuse service under this clause ends until the service has been provided in full. – Dale M Apr 16 at 21:35
  • I would have preferred if they refused service at the time of purchase, "Sorry ma'am, you'll have to use another carrier.". – What TheHay Apr 17 at 14:09

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