Barber Auto Sales v. United Parcel Service

Case # 06-cv-04686
Case Name Barber Auto Sales v. United Parcel Service
Jurisdiction US District Court for N.D. AL
Summary

Plaintiffs allege that United Parcel Service (UPS) routinely falsely increased the dimensions of a shipped package and billed the shipper for increased shipping charges.  Customers could use the UPS WorldShip computer system to enter information regarding their shipment, including the dimensions of the package.  Shipping charges were assessed based on these dimensions.  UPS routinely audited these entries, to ensure proper charges were being applied.  Plaintiffs allege UPS abused this auditing process by inflating the actual dimensions of a package to charge more for shipping.  These increases were not readily disclosed to the customers, so they had little recourse to contest the falsified upcharge.

Final Approval Date 12/12/2011
Result
  1. Final Approval granted.
  2. The Heaser/CCAF objection was overruled in its entirety.
Dismissal of Last Appeal N/A
Attachments First Amended Complaint.pdf
Preliminary Approval Order.pdf
Memorandum of Support for Final Approval.pdf
Final Judgement and Order.pdf
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Objection of Brandy Heaser, Noah Heaser

Objectors Brandy Heaser
Noah Heaser
Signers Daniel Greenberg
John J. Park, Jr.
Attorneys Daniel Greenberg
John J. Park, Jr.
Summary
  1. Settlement shows signs of self-dealing.
  2. Some settlement funds benefit future customers, not class members.
  3. Injunctive relief is illusory.
  4. Terms of the settlement create intra-class conflicts.
  5. Notice is deficient because it does not easily allow class members to estimate their individual recovery.
  6. Attorneys' fees are excessive.

NOTE:  This is a Center for Class Action Fairness case.

Attachments Objection of Brandy and Noah Heaser.pdf
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