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Which planet's FTC requires TUPSS settlement terms be disclosed?

"The details of the settlement between franchisees and The UPS Store should be disclosed in its next published Franchise Disclosure Document - IF the company follows the FTC's guideline."

Wishful thinking. Since when are the terms of settlements disclosed in Franchise Disclosure Documents? Which planet's FTC requires TUPSS settlement terms be disclosed? Because it sure isn't the one on our planet.

13th Amended Complaint Still Pending ?

Anyone know if the 13th Amended Complaint has been tried. Is the trial date still set for September ?

The UPS Store settlement

Good. The details of the settlement between franchisees and The UPS Store should be disclosed in its next published Franchise Disclosure Document - IF the company follows the FTC's guideline. Look out for it and let the rest of us know what it says by publishing it here.

Looks like the Class Action was settled on 10/31/13

Looks like the Class Action was settled on 10/31/13

Anything new on this

Any news on this?

Keep Your Fingers Crossed

I Impossible to answer. I am not an attorney so I am purely speculating .There are many possibilities. It goes to court and zee victory or loss is appealed. Maybe it gets combined with similar BSA case if BSA wins in Fed court. It gets settled out of court. So anytime between late 2012 and early 2015 is my wild ass guess.


and make them corporately owned. bottom line. they simply CAN'T AND WON'T survive as franchises when franchisees get a whopping dollar for 80% of the packages they send. what more proof is needed? lawsuits, store closures, hate, competition with your franchisor..not a good mix. something major needs to happen, because this hasn't and won't work.

well put.

you're right on. will these still be franchises?

common now.. you have no clue

common now.. you have no clue as to how many stores have closed or been sold. we were lied to. what goes around, comes around. ups will not own these stores in two years.

r u serious? maybe 2014. keep

r u serious? maybe 2014. keep your fingers crossed.

Anyone think this going to

Anyone think this going to get resolved this year?


While it is true that the Gold Shield contract did not forbid using other carriers, UPS knew that FedEx would drop us, which they did the next day. We can still use DHL, but it's too complicated if not included in the Iship software. UPS/MBE was dishonest in it's presentation of facts in 2003, I am certain, but they have to prove it in court. The key issue is freedom of pricing and margins, which was taken away.

The wheel of justice grinds slowly, but steadily...

This legal action is exceedingly complex, and no simplistic comment or paragraph can summarize it. However, it is my understanding that a new judge has finally been appointed. Hopefully, this matter can proceed to a jury--or, a truly equitable settlement agreement. Certainly, it's far past time for justice to be served.

Don't worry about it. The UPS

Don't worry about it. The UPS cowards will settle. They are schmdit beneath your shoes.

Three Justices heard this case.

Remember, three-justice panels are assigned for each CA appellate case. So, three judges heard this case and decided that yes indeed, there are sufficient legal issues involved such that UPS will be required to explain their actions before a California jury. Make no mistake about it - this decision is a very big deal. An argument won in a masterful way by the legal team from Gordon & Rees. Amy Darby and her collegues have done a magnificent job throughout this long drawn out and very difficult legal process. But now it is going exactly where UPS surely doesn't want it to go - to trial. Is UPS concerned? I'll let you be the judge of that. If found guilty, the monetary penalties could be very severe.

Good luck to all these franchisees. Your day in court has finally arrived!


Read my first paragraph (apologies for the misspelled "all"). No one thinks this is by any means over. Certainly I don't. But one thing that struck me is that we could never get even a roll of the dice. I could accept losing in front of a jury of my peers much easier than I can accept never being given the opportunity to present myself.

No justice yet

No justice yet. Don't consider your meal finished when you've only entered the chicken roost. The UPS Store franchisees will finally get a trial. Once the jury and the court issues a judgement, that's when we'll see if there is justice or not.

One more comment

It's a breath of fresh air to finally see some justice, however late and small, applied in the case of the franchisees. Al we really wanted was a day in court, along with a chance to present our evidence, in front of a jury of our peers. Under those circumstances, winning or losing means a great deal; the real despair felt by the franchisees comes from never being allowed to play the game at all.

It is my opinion that UPS doesn't even care to be in the franchise business, save preserving and growing their reverse logistics plans for the stores. One point that the article missed is that UPS is not only attempting to turn the stores into staffed drop-off locations, but staffed pick-up locations as well (Google "MyChoice"). If UPS really cared about the health of the franchise network, they would have never spun off MBE worldwide. They didn't care about those stores. Wonder why? Certainly, they were profitable. The largest franchisee for MBE in the world before the spin off was in Italy. UPS is not about franchising - it's about saving money on drivers, fuel, customer counters, and residential deliveries. It's about logistics.


One of many thanks to Janet Sparks. The only reporter with the guts to tell it like it is. Good luck in your future endeavors Janet.

-A broken franchisee

You will just have to wait.

You will just have to wait.

This time it's different.

This group of franchisees are very interested and engaged, however, they are - shall we say - playing their cards close to their chests. They will let the legal team do the talking, but trust me - they are listening!

One point of clarification

One point of clarification UPS didn’t force the franchisees to give up all other shippers but UPS did apparently know from market test that when the stores name changed to The UPS Store that FedEx would immediately cancel the stores FedEx account. The stores must only use a UPS owned shipping system called iship and iship dropped DHL as a shipping option saying DHL was complicated to maintain so UPS did effectively eliminate all competitors from the stores.

Why no comments from the usual suspects ?

Why no comments from the perennial bloggers on this story ? I am guessing there is a lot to digest even for an attorney. I will start things off with a few questions. Will this be tried in LA ? Will the judge be Highberger or someone else ? What is likely timetable ? When Will PSA update their website ?

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