Sue FedEx for severely misquoting

[aad]

What is the name of your state (only U.S. law)? California

In August of 2008, my company sent many boxes from California to Washington DC. Prior to shipment, we called 4 different fedex office locations to receive shipment quotes. All quotes were between $400-600, and each time we went over all details carefully.

Shipped the packages, billed $2200!!! Filed a claim (denied due to the fact that a quote is just a quote). Have spoken to account reps and other managers to resolve. Called even more fedex offices for new quotes (still in the $500 range).

Payed bill to keep our credit clean, but unable to come to resolution with FedEx. (We would not have shipped anything had the quote been even over $1000)

What would be the correct venue to sue (We are in San Diego, CA, FedEx HQ is in Tennessee, but they have agents in Los Angeles, CA)??

 

[xylene]

There are many kinds of FedEx.

That said, all of them used published rates.

FedEx, like most carriers, ships by weight, with charges for odd sizes and boxes that are overweight.

If you knew what you were shipping, then I find it difficult to believe the estimate was so far off.

 

[seniorjudge]

What would be the correct venue to sue (We are in San Diego, CA, FedEx HQ is in Tennessee, but they have agents in Los Angeles, CA)?

Probably any of those places would work for venue.

Absent a signed agreement, however, you have no case.

 

[Zigner]

What is the name of your state (only U.S. law)? California

In August of 2008, my company sent many boxes from California to Washington DC. Prior to shipment, we called 4 different fedex office locations to receive shipment quotes. All quotes were between $400-600, and each time we went over all details carefully.

Shipped the packages, billed $2200!!! Filed a claim (denied due to the fact that a quote is just a quote). Have spoken to account reps and other managers to resolve. Called even more fedex offices for new quotes (still in the $500 range).

Payed bill to keep our credit clean, but unable to come to resolution with FedEx. (We would not have shipped anything had the quote been even over $1000)

What would be the correct venue to sue (We are in San Diego, CA, FedEx HQ is in Tennessee, but they have agents in Los Angeles, CA)??

Why do you think you have a case?

 

[aad]

We have 8 quotes from different people for $500 range. We even have written quotes. The actual bill should not differ so greatly. We shipped EXACTLY what we asked in each quote.

Are you implying that a company can throw out a quote and then bill completely different?

 

[seniorjudge]

We have 8 quotes from different people for $500 range. We even have written quotes. The actual bill should not differ so greatly. We shipped EXACTLY what we asked in each quote.

Irrelevant.

Are you implying that a company can throw out a quote and then bill completely different?

I am not implying anything. I am flat out stating it.

 

[Zigner]

We have 8 quotes from different people for $500 range. We even have written quotes. The actual bill should not differ so greatly. We shipped EXACTLY what we asked in each quote.

Are you implying that a company can throw out a quote and then bill completely different?

Quotes are based only on the information given. Didn't you ask for a quote when you actually shipped the items?

Again, why do you think you have a case?

 

[aad]

Then I'm not sure what the point of a written quote would be?? Why do you say that I do not have a case?? I don't understand.

 

[seniorjudge]

Question;

Then I'm not sure what the point of a written quote would be?? Why do you say that I do not have a case?? I don't understand.

Answer:

...

Absent a signed agreement, however, you have no case.

...

Look, here's the deal. If you carry that stuff down to get shipped (or have someone pick it up), you axe them right then and there for the charge. If you don't like it, you don't ship with them.

 

[aad]

Well, it won't hurt us to try. And we do have signatures from the 'shipping experts' at each location where we received the quotes.

Can you please help me figure out where the correct venue would be? Would it be the origin of the shipment and where all the quotes came from (San Diego)? Or the origin of FedEx HQ 'defendant' (Tennessee)?

 

[seniorjudge]

I'd try the most convenient venue to you.

 

[aad]

wow. you're a lot of help.
if I file in the wrong venue, the case will get thrown out....

The plaintiff must file the claim in the correct court location or the court may dismiss the case.

The proper court location may be any of the following:
-The zip code where the defendant lives or the defendant corporation or other entity has its principal place of business. (FEDEX HQ)
-The zip code where the person or personal property was injured or damaged. (NO PHYSICAL DAMAGE)
-The zip code where the defendant signed the contract or where the contract was breached. (SAN DIEGO??)
-The zip code where the buyer resided at the time of entering into a retail installment account, or contract on a motor vehicle finance sale. (N/A)

 

[seniorjudge]

wow. you're a lot of help.
if I file in the wrong venue, the case will get thrown out....

The plaintiff must file the claim in the correct court location or the court may dismiss the case.

The proper court location may be any of the following:
-The zip code where the defendant lives or the defendant corporation or other entity has its principal place of business. (FEDEX HQ)
-The zip code where the person or personal property was injured or damaged. (NO PHYSICAL DAMAGE)
-The zip code where the defendant signed the contract or where the contract was breached. (SAN DIEGO??)
-The zip code where the buyer resided at the time of entering into a retail installment account, or contract on a motor vehicle finance sale. (N/A)

Of course it could get thrown out. Then you refile it.

Check with your secretary of state and see who the registered agent is; sue fedex in your hometown and serve the registered agent. If you shipped from San Diego, start there.

No one here can guarantee you what the correct venue is.

 

[Zigner]

Good luck - let us know how it goes...