FedEx suing UPS over false ad.
05-04-2009 | 08:19 AM
#21
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I guess FedEx did not like UPS coming at them with the change to the NLRA
FedEx lawsuit alleges UPS 'most reliable' ad is false
By Wayne Risher (Contact), Memphis Commercial Appeal
Saturday, May 2, 2009
FedEx slapped its chief rival Friday with a lawsuit claiming false advertising by UPS.
UPS officials said they were pulling the offending ad, which touted UPS as most reliable, after learning the claim was based on an out-of-date customer satisfaction survey.The lawsuit asked UPS to kill the ad and pay FedEx for lost business and other impacts, including "corrective advertising costs" of at least $20 million.
"As the company that coined the term 'absolutely, positively,' we obviously take any competitor claims of superior reliability very seriously," FedEx spokesman Maury Lane said.
"UPS has been widely broadcasting an ad asserting that their service is the most reliable. We have notified UPS that their ad does not comply with the law, but they have refused to withdraw the ad. We are now asking for the court's assistance in protecting consumers and FedEx from false and misleading statements," Lane added.
FedEx reported receiving a letter by e-mail from UPS about two hours after the lawsuit was filed in federal court in Memphis.
UPS spokesman Norman Black described the letter's timing as coincidental, and said it was in response to an earlier letter from FedEx.
"The ad was clearly based on a 2008 survey by an independent party, and just last week there was a new survey that came out that changed the rankings," Black said. "With that new survey, we have advised them we're not going to use it any more."
The lawsuit revolves around a television ad that has been running since at least mid-March. It says UPS "was just ranked most reliable," a reference to a November survey of 200 shippers by investment firm Morgan Stanley.
FedEx lawyers challenged the ad's compliance with truth-in-advertising law, saying survey findings were outdated and lacking substantiation.
In Morgan Stanley's survey dated Sunday, shippers ranked FedEx most reliable.
FedEx lawsuit alleges UPS 'most reliable' ad is false
By Wayne Risher (Contact), Memphis Commercial Appeal
Saturday, May 2, 2009
FedEx slapped its chief rival Friday with a lawsuit claiming false advertising by UPS.
UPS officials said they were pulling the offending ad, which touted UPS as most reliable, after learning the claim was based on an out-of-date customer satisfaction survey.The lawsuit asked UPS to kill the ad and pay FedEx for lost business and other impacts, including "corrective advertising costs" of at least $20 million.
"As the company that coined the term 'absolutely, positively,' we obviously take any competitor claims of superior reliability very seriously," FedEx spokesman Maury Lane said.
"UPS has been widely broadcasting an ad asserting that their service is the most reliable. We have notified UPS that their ad does not comply with the law, but they have refused to withdraw the ad. We are now asking for the court's assistance in protecting consumers and FedEx from false and misleading statements," Lane added.
FedEx reported receiving a letter by e-mail from UPS about two hours after the lawsuit was filed in federal court in Memphis.
UPS spokesman Norman Black described the letter's timing as coincidental, and said it was in response to an earlier letter from FedEx.
"The ad was clearly based on a 2008 survey by an independent party, and just last week there was a new survey that came out that changed the rankings," Black said. "With that new survey, we have advised them we're not going to use it any more."
The lawsuit revolves around a television ad that has been running since at least mid-March. It says UPS "was just ranked most reliable," a reference to a November survey of 200 shippers by investment firm Morgan Stanley.
FedEx lawyers challenged the ad's compliance with truth-in-advertising law, saying survey findings were outdated and lacking substantiation.
In Morgan Stanley's survey dated Sunday, shippers ranked FedEx most reliable.
This is classic UPS.
1. We used old data, sorry.
a. when building winter scheds with summer winds.
b. when using old contract instead of current contract.
2. Now that wehave been caught we will stop (for awhile)
a. someone will not have gotten the memo.
b. that person wasn't authorized to put that ad out again.
3. We have a new survey
a. spoke with customer with no options and he said we where the best.
4. Pay you, we admitted that some unauthorized lower level person from outside UPS screwed up what do you want.
a. as in hotel not available, catering not available, transportation not available.
5. How much did we benefit by hedging the trueth, more than it cost us, when do you think we can do it again.
6. wish this advertising stuff came under the RLA that way we could stall and drag our feet, agree to mediation, and finally settle just before arbitration.
05-04-2009 | 12:39 PM
#22
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From: missionary
I don't want to hijack this thread and turn it into another useless Age 65 debate, but I gotta know...
I heard that the FedEx Chief Pilot (a union guy, right?) is the one who lobbied for the language in the Fair Treatment of Experienced Pilots Act (just the name of that law makes me want to puke) that says anyone over 60 on the property (i.e. the old FEs) on 13 DEC 2007 gets to come back to the front seat.
Is this true?
And if so, why in the hell did you Purple guys let that happen?
Pretty much all of us, especially those about to be downgraded or furloughed, have him to thank for that (note: sarcasm).
I understand you guys have a lot of old FEs, and I understand why he might feel the need to be inclusive of his entire roster, but Sweet Jesus, that specific provision REALLY jacked up a lot of people's lives.
I heard that the FedEx Chief Pilot (a union guy, right?) is the one who lobbied for the language in the Fair Treatment of Experienced Pilots Act (just the name of that law makes me want to puke) that says anyone over 60 on the property (i.e. the old FEs) on 13 DEC 2007 gets to come back to the front seat.
Is this true?
And if so, why in the hell did you Purple guys let that happen?
Pretty much all of us, especially those about to be downgraded or furloughed, have him to thank for that (note: sarcasm).
I understand you guys have a lot of old FEs, and I understand why he might feel the need to be inclusive of his entire roster, but Sweet Jesus, that specific provision REALLY jacked up a lot of people's lives.
05-04-2009 | 01:01 PM
#24
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Joined: Jan 2007
Posts: 688
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From: Nordskog Industries Field Technician
I don't want to hijack this thread and turn it into another useless Age 65 debate, but I gotta know...
I heard that the FedEx Chief Pilot (a union guy, right?) is the one who lobbied for the language in the Fair Treatment of Experienced Pilots Act (just the name of that law makes me want to puke) that says anyone over 60 on the property (i.e. the old FEs) on 13 DEC 2007 gets to come back to the front seat.
Is this true?
And if so, why in the hell did you Purple guys let that happen?
Pretty much all of us, especially those about to be downgraded or furloughed, have him to thank for that (note: sarcasm).
I understand you guys have a lot of old FEs, and I understand why he might feel the need to be inclusive of his entire roster, but Sweet Jesus, that specific provision REALLY jacked up a lot of people's lives.
I heard that the FedEx Chief Pilot (a union guy, right?) is the one who lobbied for the language in the Fair Treatment of Experienced Pilots Act (just the name of that law makes me want to puke) that says anyone over 60 on the property (i.e. the old FEs) on 13 DEC 2007 gets to come back to the front seat.
Is this true?
And if so, why in the hell did you Purple guys let that happen?
Pretty much all of us, especially those about to be downgraded or furloughed, have him to thank for that (note: sarcasm).
I understand you guys have a lot of old FEs, and I understand why he might feel the need to be inclusive of his entire roster, but Sweet Jesus, that specific provision REALLY jacked up a lot of people's lives.
Short answer: It was our MEC Chairman, not the Chief Pilot. We didn't want it either but our MEC did not listen to the majority and there was no vote. If it makes you feel better that administration has been trounced from the MEC.
Last edited by md11phlyer; 05-04-2009 at 02:04 PM.
05-04-2009 | 01:24 PM
#25
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Joined: Mar 2009
Posts: 320
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From: missionary
It's a shame that happened. All it takes is one turd to ruin the whole punch bowl.
I'd feel much better if they were tarred and feathered.
Last edited by highsky; 05-04-2009 at 02:29 PM.
Good job. Thanks again.
05-04-2009 | 05:34 PM
#27
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Joined: Mar 2009
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From: missionary
I wish I'd take my own advice with my choices in women...
Two and a half divorces, and a TON of money down the drain.
05-04-2009 | 05:42 PM
#28
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From: 767 FO
05-04-2009 | 05:46 PM
#29
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Joined: Mar 2009
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From: missionary
05-04-2009 | 06:35 PM
#30
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Joined: Mar 2006
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From: A Big One
I guess you haven't been watching the white board commercials.
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