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What is the name of your state? Virginia
Shipping a first class package includes Tracking® for "no charge". If the total cost of shipping is $3 and the tracking service is not provided, is there a case law example where a ruling was made to compensate for a free but promised service? Without tracking, you can send same envelope for 80 cents, so can one successfully argue for $2.20 refund? Postal example, but I suppose could be also free teeth cleaning with purchase of an extraction for dentist where the cleaning simply was not provided.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Virginia
Shipping a first class package includes Tracking® for "no charge". If the total cost of shipping is $3 and the tracking service is not provided, is there a case law example where a ruling was made to compensate for a free but promised service? Without tracking, you can send same envelope for 80 cents, so can one successfully argue for $2.20 refund? Postal example, but I suppose could be also free teeth cleaning with purchase of an extraction for dentist where the cleaning simply was not provided.
I'm sorry, but did you actually have a legal matter that is presently affect you, or is this just hypothetical pondering?
 
I'm sorry, but did you actually have a legal matter that is presently affect you, or is this just hypothetical pondering?
Why are you sorry? Both actually. It may be petty, AND I do understand that it is tricky to sue the USPS...but my question stands.
 
Why are you sorry? Both actually. It may be petty, AND I do understand that it is tricky to sue the USPS...but my question stands.
I paid for service that I didn't receive even though the cost is hidden in the total. I was told that the post office will perform this service as time permits. He stated that during Holidays, time simply does not permit. So my point is that the service description should either say "time permitting" Or don't accept monies for a service that you are unable to perform.
 
I paid for service that I didn't receive even though the cost is hidden in the total. I was told that the post office will perform this service as time permits. He stated that during Holidays, time simply does not permit. So my point is that the service description should either say "time permitting" Or don't accept monies for a service that you are unable to perform.
So to be clear yes am prepared to small claims this. I do a lot of eBay shipping.
 

FlyingRon

Senior Member
Not all first class packages are eligible for free tracking. It has to rise to the level of being "non machineable." And tracking is not a "guaranteed service" for first class, so the failure to provide it isn't compensable.
 
Not all first class packages are eligible for free tracking. It has to rise to the level of being "non machineable." And tracking is not a "guaranteed service" for first class, so the failure to provide it isn't compensable.
Thanks for that. I have searched for those words but unable to find them from an official source. Especially interested in where it states that it is not guaranteed. So then any service which is not guaranteed is not compensable? Also if something is not guaranteed, shouldn't you need to be alerted to that fact at the point of sale?
 
Thanks for that. I have searched for those words but unable to find them from an official source. Especially interested in where it states that it is not guaranteed. So then any service which is not guaranteed is not compensable? Also if something is not guaranteed, shouldn't you need to be alerted to that fact at the point of sale?
To clarify my question then. If I take my auto to get repaired and I pay the invoice. Then when I get home I clearly see that the bumper was not repaired , how can they say.sorry no guarantee without clearly alerting me to that fact before I pay for the service? So there is no inherent guarantee then. Consumer must ask.
 

Zigner

Senior Member, Non-Attorney
The bottom line is that you're not paying for tracking, you're paying additional to have it handled as First Class - Package Service. You don't get refunded on retail mail if the tracking is erroneous or missing. Refer to Domestic Mail Manual if you need further clarification: https://pe.usps.com/DMM300
 

Zigner

Senior Member, Non-Attorney
To clarify my question then. If I take my auto to get repaired and I pay the invoice. Then when I get home I clearly see that the bumper was not repaired , how can they say.sorry no guarantee without clearly alerting me to that fact before I pay for the service? So there is no inherent guarantee then. Consumer must ask.
Your comparisons are useless. You don't/can't compare the USPS to other entities in that way.
 
Not all first class packages are eligible for free tracking. It has to rise to the level of being "non machineable." And tracking is not a "guaranteed service" for first class, so the failure to provide it isn't compensable.
Looked on the USPS site, they discuss first class mail in reference to non-machineable, but i
The bottom line is that you're not paying for tracking, you're paying additional to have it handled as First Class - Package Service. You don't get refunded on retail mail if the tracking is erroneous or missing. Refer to Domestic Mail Manual if you need further clarification: https://pe.usps.com/DMM300
So that document is what I was looking for. Thanks. However your conclusions are not backed by that document. There is no service level agreement in that document for the tracking service. There is one key point however the package must be at least 3/4 inch to be applicable for the tracking service. It appears that what tracking I was receiving was an anomaly. All my stuff is 1/4 inch. Thanks for your reply, I am smarter now!
 

Zigner

Senior Member, Non-Attorney
So that document is what I was looking for. Thanks. However your conclusions are not backed by that document. There is no service level agreement in that document for the tracking service.
You're dealing with a (quasi-) governmental entity. There doesn't have to be an "agreement".
 
You're dealing with a (quasi-) governmental entity. There doesn't have to be an "agreement".
That has always interested me, how hard it is to hold them accountable. What triggered me was an erroneous charge for overweight package. The USPS simply helped themselves to a few dollars out of my account for a mistake that they made. I ship hundreds of items that all weigh an oz. Suddenly they charge me for one that they claim weighed 11 ounces. Unless it filled with rain water, that was a mistake. I filed a claim that was quickly rejected. Seemed to be no recourse and it really pissed me off. Then I started thinking about all the things they screw up for me and charging them for it. I have sued for principle before and both times settled out of court. Not adverse to the process.
 

Zigner

Senior Member, Non-Attorney
I paid for service that I didn't receive even though the cost is hidden in the total. I was told that the post office will perform this service as time permits. He stated that during Holidays, time simply does not permit. So my point is that the service description should either say "time permitting" Or don't accept monies for a service that you are unable to perform.
Oh, so your earlier post was incorrect? You did not in fact pay for a service that you didn't receive?
 

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