The UPS Store, Inc. (TUPSS) franchises stores that must stick to its business models, and to its rules and requirements while transacting business. The complaint for this class action alleges, however, that at least one thing required of the franchise stores is against the law: the dollar amount charged for notary services.
Two classes have been defined for this action:
- The Plaintiff Class is all natural persons who paid TUPSS more than the statutory maximum fee set forth in 5 Ill. Comp. Stat. Ann. 312/3-104 for notary services in Illinois.
- The Franchisee Class is all persons and business entities who owned or operated a UPS Store in the State of Illinois the provides notary services to the public there.
The complaint quotes TUPSS as saying that all UPS stores offer certain services: “The UPS Store Centers are retail service businesses which offer mail and parcel receiving, packaging, and shipping services through various carriers and provide a wide range of other authorized products and services, including notary, printing, copying, office supplies, and communications (such as fax) services.”
TUPSS requires that all its franchisees follow its business plans exactly. The complaint contends that franchisees must take direction from TUPSS, saying that any such store “acts on behalf of TUPSS and [is] subject to control by TUPSS.”
The complaint asserts, “TUPSS controls and has the right to control the conduct of its franchisees, including but not limited to setting the prices for notary services charged at The UPS Store locations…”
The complaint quotes from Illinois state law, which says, among other things, that “the maximum fee in this State is $1.00 for any notarial act performed…” It also quotes the Illinois Notary Public Handbook. In its Frequently Asked Questions section, it poses the question, “Should I charge a fee for my services as a notary public?” The answer it provides is, “The law does not require that you charge a fee. However, the maximum fee allowed is $1.”
The complaint alleges that “despite there being a legal cap on notary fees in Illinois, TUPSS charges a flat fee in violation of the notary fee statute in Illinois.” What is that fee? The complaint claims, “Upon information and belief, the charge for a document notarized at a location operating as The UPS Store in Illinois is $5.00.”
The complaint alleges that TUPSS is aware that it is charging an unlawful amount, “because it has been subject to several lawsuits challenging its unlawful notary fee practices. The complaint then cites a case in Massachusetts and another in Kentucky that address this topic.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
UPS Store Notary Services Unlawful Excessive Fees Illinois Complaint
February 8, 2021
The UPS Store, Inc. (TUPSS) franchises stores that must stick to its business models, and to its rules and requirements while transacting business. The complaint for this class action alleges, however, that at least one thing required of the franchise stores is against the law: the dollar amount charged for notary services.
UPS Store Notary Services Unlawful Excessive Fees Illinois ComplaintCase Event History
UPS Store Notary Services Unlawful Excessive Fees Illinois Complaint
February 8, 2021
The UPS Store, Inc. (TUPSS) franchises stores that must stick to its business models, and to its rules and requirements while transacting business. The complaint for this class action alleges, however, that at least one thing required of the franchise stores is against the law: the dollar amount charged for notary services.
UPS Store Notary Services Unlawful Excessive Fees Illinois Complaint