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Ratings. Guidance. The Right Lawyer.
How to deal with a company that has charged me a crazy amount for storage, without informing me before hand about the fees?
Boston, MA
Viewed 35 times.
Posted 3 months ago in Lawsuits / Disputes
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A company that received a shipment for us emailed us to let us know it had arrived. While trying to figure out how to arrange for it to be picked up, we emailed them back to ask about what the daily storage rates were. We never heard back. About a month later (meanwhile the shipment has still not been picked up), they get in touch saying that we currently owe $4000 and counting. Although they've reduced that amount after some negotiations, it's still too high. What actions can we take, given they will not release the shipment until we have paid them? We were never told that their daily storage rate was over $100, which seems incredibly unfair.
Additional information
Thanks so much for your answers. Just to add some more info in case it might be helpful, the company is a container freight storage company based in New Jersey. After much questioning, they have since told us we would have had 5 free holding days, after which we were charged exceedingly high daily fees. However when we questioned them as to why we were not informed about the fees (after we explicitly asked - and have this proof in our email correspondence), they had no answer, and have just kept requesting that we pay them the amount due. If anyone has any additional suggestions on what we could do (we will definitely take the advice already posted), it would be appreciated. Thanks again! Answers (2)
Kevin Gaughen Jr.
This attorney is licensed in Massachusetts.
Posted 3 months ago.
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You're right, daily storage rates over $100 do seem unfair, especially if you never received notice of the rates. Massachusetts has a consumer protection statute, referred to as 93A. The statute protects consumers from "unfair or deceptive acts or practices." If the shipping company failed to disclose they were charging an exorbitant rate you may be able to show this constitutes and unfair or deceptive act. 93A actions are instituted by sending what is referred to as a 93A demand letter to the business. While samples of the letter are available at the link below, drafting a letter with the advice of an attorney is always recommended. One of the benefits of a well drafted letter is that if the company fails to offer you a reasonable settlement you may be able to recover triple damages after trial. The company has thirty days to respond to your letter. Without knowing more, such as what state the company is in and what, if any, contracts are in place I doubt you will receive specific legal advice. However, I have posted a link below to the Massachusetts Law Library page on 93A complaints. Good Luck.
http://www.lawlib.state.ma.us/subject/about/consumer.html 
Henry Lebensbaum
This attorney is licensed in Massachusetts.
Posted 3 months ago.
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there is an implied warranty when a commercial enterprise deals with you of fair dealing.
The longer you wait now, the more it costs; catch - 22 You are almost forced to pay, and the to sue. Or if the value of the property is less, let them have it , and then sue. You are fighting time. You could try to call the Feds or the AG's office. |
