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 Message Boards » » Can I sue the US Postal Service? Page [1] 2, Next  
jessiejepp
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So here's the story, and please hear me out before commenting:

I play trivia every Tuesday and Friday night with D, the Director of Quality at a company I used to work for (and would like to work for again some day), and his gf, N. One night we're all getting ready to leave the bar so I go to pay for my tab, and the bartender tells me my debit card was declined. Confused, I ask her to try it again, again declined. By this point, D and N are looking over and I'm starting to get embarrassed. N asks me what's up, I say my card is being declined, D says no worries and picks up my tab. Although super embarrassed, I was grateful because I wasn't carrying any other form of payment on me.

I get home and check my bank account balance online and everything is normal. No unauthorized transactions or anything. I try again the next day to use my card at Old Navy, but this time brought an american express giftcard that I had with me just in case. Sure enough, debit card is declined and I pay with the gift card. I then exit the store and call my bank angrily and explain what had happened to me and asked what was up. The customer service rep told me that customers who did not have fraud protection would temporarily not have access to their accounts due to system upgrade/maintenance/IT blah blah. I was like OK....and decided I'd just pay with my credit card for the next day or so, no big deal.

A few days go by and I want to get a snocone at Pelican's, but they're cash-only. I go to the cashpoints ATM and put in my debit card and PIN and the machine says "Unauthorized use: card retained". The ATM ate my debit card. Pissed off, and on a Sunday, there was nothing I could do.

Monday I'm getting lunch with my bf and decided to be nice and pick up the bill, so I go to pay using my CREDIT card, and the server comes back saying my card was declined. Again, embarrassed, I was thankful to have my bf there to cover the payment.

Monday afternoon I go to my bank and tell them what has happened. My card was retained by the ATM because my bank statements had been returned to the bank by my mail carrier. When that happened, the bank sent a replacement debit card to my address, which was also returned. I found this really odd considering the address on file was my current one and I successfully receive other bills (electric, insurance, etc) there. Bank tells me they'll send a replacement card again, and give me a temp card for the meantime.

I then call my credit card company. Same story: card statements returned by the USPS, which caused them to put a hold on my card.

Aggravated, I went to the USPS station nearest me and explained the issue. They said to write a note to my carrier and put it in my box. I wrote on a post-it note two days ago "Hi, please deliver all mail addressed to jessiejepp to this box. This includes bank/credit card statements. All mail addressed to other individuals should be RTS. Thank you!" and put it in the back of my box where he/she inserts the mail. Both yesterday and today I have received mail (not for me, but for my address), but my note is still there.

I know a lawsuit for punitive damages against a federal agency isn't possible, but I was wondering what (if any) other legal action I can take in this case.

/blog

12/8/2010 5:03:16 PM

EuroTitToss
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[no]

12/8/2010 5:08:51 PM

FanatiK
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Quote :
""Hi, please deliver all mail addressed to jessiejepp to this box."


You should probably have given your real name, instead of your TWW username.

12/8/2010 5:08:54 PM

jessiejepp
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^^please elaborate.

^ I did give my real name, but didn't feel like everyone on TWW needed to know my last name. Even though it's pretty easy to figure out given my username.

12/8/2010 5:11:05 PM

WolfAce
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If you live in an apartment it's likely there could be a third party delivery service that actually puts the mail in your little boxes, maybe they have the previous resident's address still on file

retarded, but legal action would probably be laughed at

12/8/2010 5:12:50 PM

FanatiK
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It was a joke. And what exactly are you suing for? Above poster is correct, it's probably a 3rd party handling the apt complex. You might have more recourse against them.

[Edited on December 8, 2010 at 5:14 PM. Reason : d]

12/8/2010 5:13:27 PM

NCSUStinger
Duh, Winning
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just go find signs for the post office and rip them to pieces

12/8/2010 5:14:11 PM

Chance
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You can sue anyone and anybody. A judge might laugh your ass out the court, but you can try.

12/8/2010 5:15:01 PM

jocristian
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what damages are you seeking exactly? as far as I can tell, you didn't actually sustain any losses.

12/8/2010 5:19:21 PM

FanatiK
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debilitating irritation.



[Edited on December 8, 2010 at 5:23 PM. Reason : d]

12/8/2010 5:21:45 PM

Jrb599
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Jessica June Jeppsson

12/8/2010 5:23:56 PM

jessiejepp
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@WolfAce -- it's not a 3rd party unless they're disguised in USPS attire and transportation. I've seen them here before this became an issue.

Quote :
"And what exactly are you suing for?"


I was thinking compensatory damages for inconvenience/mental anguish/blah blah. It's not really about the money, but about the fact that they have a monopoly and feel like they can do whatever they want without repercussions...which isn't just.

12/8/2010 5:24:07 PM

FanatiK
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Quote :
"which isn't just."


Much like the rest of the world. Personally, I wouldn't mess with the USPS.

12/8/2010 5:25:19 PM

jessiejepp
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Wouldn't mess with them after they have put holds on all three methods of payment I could possibly use? No access to bank account via debit card, no ability to obtain cash after banking hours from ATM with either debit or credit card, and blocked credit card. Someone's out to get me, for sure.

12/8/2010 5:55:22 PM

FykalJpn
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If you make a half-assed attempt to sue the USPS, you will lose. If you put forth a tremendous amount of time, energy, and money, you may have a chance of winning--but you'll probably still lose. Then, you'll be broke, tired, and probably contemplate suicide

12/8/2010 6:00:40 PM

modlin
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Best bet would prob be getting cash from the bank, waiting around Saturday for your mail to be delivered, and talking to the carrier yourself.

Also, shit happens.

12/8/2010 6:02:32 PM

raiden
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You can sue anyone and anybody.

12/8/2010 6:03:15 PM

gunzz
IS NÚMERO UNO
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if you have time...why dont you approach the mail carrier

12/8/2010 6:06:56 PM

pttyndal
WINGS!!!!!
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meh, the USPS is retarded. Had one this year where they failed to deliver something I had ordered and marked it as delivered. Yup, it was delivered alright. To the post office. Couple years ago, I was renting an apartment but wasn't on the lease or anything. The idiot that had our route that day marked a package return to sender because he didn't recognize my name and everything else had been delivered just fine for the past 6 or so months I had been there.

[Edited on December 8, 2010 at 6:11 PM. Reason : ]

12/8/2010 6:10:53 PM

jessiejepp
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^that's what the note was for. He/she doesn't come at the same time everyday, so I'm going to call the station before 10am and hopefully speak with him/her tomorrow. Shit's ridiculous and needs to get resolved.

12/8/2010 6:15:50 PM

mcfluffle
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^^^this has yet to work with certainty for me

12/8/2010 6:22:40 PM

Quinn
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I dont know? Can you?

12/8/2010 6:22:44 PM

BobbyDigital
Thots and Prayers
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who in 2010 still gets paper statements?

hopefully that's a lesson learned.

12/8/2010 6:26:59 PM

jessiejepp
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^dad always told me to keep a paper trail of all monetary activity. i never carry cash on me for that reason, and have kept every receipt since I was 18.

12/8/2010 6:29:13 PM

rbrthwrd
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Where did this no method of money thing come from; you still have checks and can withdraw cash from the bank.

12/8/2010 6:39:58 PM

moron
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^ not to be an ass, but that’s not exactly a reason to do something…

I bet that’s how hoarders get started… “my dad said do this…"

12/8/2010 6:41:15 PM

jessiejepp
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Well if a mugger comes up and asks for my wallet, i'd be happy to hand it over because all it has in it is plastic that I could easily cancel. If it had cash, i'd be out a loss. Plus, paper money is dirty.

^^most places don't accept personal checks anymore.

12/8/2010 6:43:39 PM

jbrick83
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^You sound like loads of fun.

12/8/2010 6:49:39 PM

GeniuSxBoY
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Quote :
"Plus, paper money is dirty.
"



You know the air you breath is dirty. You should stop using it, too.


Fuck.

[Edited on December 8, 2010 at 6:52 PM. Reason : .]

12/8/2010 6:51:43 PM

Skwinkle
burritotomyface
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Quote :
"Someone's out to get me, for sure."


I find this is usually the case when I encounter inconveniences in life.

12/8/2010 7:02:48 PM

jessiejepp
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^ Ok, so I may be overreacting a bit, but I was lucky in all of those situations. Imagine if instead of being at the bar with D & N, I was paying for a taxi. Or if I had eaten a meal alone? What would I have done then?

It's just a little ridiculous that other mail and packages I order arrive just fine, but he/she sees my bank/credit card statements and decides to mark them RTS even though the name/address is the same as everything else he/she delivers.

12/8/2010 7:12:04 PM

prep-e
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I have a much easier solution than suing the USPS

just move on, try to roll with the punches next time, and don't be so quick to get your panties in a wad

12/8/2010 7:53:45 PM

GeniuSxBoY
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Quote :
"Imagine if instead of being at the bar with D & N, I was paying for a taxi."



carry cash on you for emergencies. the earth is a dirty place.




[Edited on December 8, 2010 at 8:56 PM. Reason : .]

12/8/2010 8:55:44 PM

krneo1
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^^,^But that's stupid and doesn't solve the problem.

Sorry this is happening, jessiejepp.

When we first moved up here to Indiana, we didn't have a permanent address, but needed to get mail. We were staying in this 1 place for a month before closing on a house so I figured why the fuck would I get a mailing address? I tried to get a PO Box but damned if that is not the HARDEST FUCKING THING TO DO without a permanent address.
Why, you ask?
Address had to be current on the ID. Well, dumbshits at the USPS, I couldn't GET a new ID b/c we didn't have a permanent address. They wouldn't let me use my passport, SS card, birth certificate, nothing. Had to be a stupid driver license. Finally when I said nevermind, they charged my credit card 2x thinking I had *indeed* gotten a PO box, I just wasn't using it...

/rant...

I hope it gets resolved tomorrow!

[Edited on December 8, 2010 at 9:02 PM. Reason : omg stupidboy]

12/8/2010 9:01:30 PM

GeniuSxBoY
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Quote :
"omg stupidboy"


Please tell me how using cash as a backup is NOT a solution for the inability to pay for a taxi when your credit card safety net is activated?

[Edited on December 8, 2010 at 9:19 PM. Reason : this should be interesting.]

12/8/2010 9:17:59 PM

jessiejepp
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You really expect me to carry around enough cash to last for 5-7 business days until my card is received in the mail?

As a young, attractive female who lives alone...negative. I'd rather just bitch about it on TWW.

12/8/2010 9:46:49 PM

rbrthwrd
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just carry cash for a day or so, and if you need more go to the bank. and also, if you ever go out drinking you should always carry some cash so you can always get a taxi home if you need it.

12/8/2010 9:52:49 PM

AstralAdvent
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Our mail man is retarded. I've seen him try to balance packages on our neighbors mailbox rather than get his lazy ass out the car and run it up to their porch. This same guy has posted shit on our door saying that he won't deliver mail if cars are parked too close to the mailbox. I informed him the next day that parking sucks ass in our neighborhood and anyone (not necessarily us) is allowed to park there and typically will because no one can park on the other side of the street. He replied that it didn't matter and he wasn't going to be responsible for potentially hitting someone's car. So get your lazy ass out and walk. I don't care if you have to work a longer shift.

I ordered a bunch of shit once and checked the tracking number (lets say on thursday morning) which said it was expected to be delivered on friday. Now i was working in the garage all day thursday and got the mail out of the box when it was delivered. The next morning i was on my way out and decided to check to see if the pretty shameful thing that they call tracking had been updated at all, lo and befucking hold my shit was delivered yesterday. Oh really? Thats interesting. Okay misunderstanding...

Brought it up in casual conversation to my roommate later that day and he said the exact same thing happened to him like a month earlier.

Fuck that.

Went to the local branch, they nosed around and there was no package to be found. Told me to come back the next day since the driver was off. Went back the next day he was off again or on lunch or puffin a peter or what have you... So the lady closed the little security door and made me wait like 20 minutes to give me a card with a complaint line and internal affairs #s on it. Called the complaint line once, waited my 3 days or whatever it was. Called back and no one could pull up information on my complaint number. Called internal affairs but lost interest in the sea of phone menus.



Luckily this wasn't worth much monetary value.

Still a pain in the ass because the site i ordered from has the worst fucking interface in the world.


I try and get UPS or FedEx as much as possible.

I'm AstralAdvent and i approved this message.

12/8/2010 11:25:55 PM

krneo1
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Quote :
" this should be interesting."


You're just trolling, man. Carrying cash on her isn't the issue. It's that the USPS has royally fucked her up the butt. Yea, wee, carrying cash solves 1 problem - but read the OP.
Ah whatever..not worth it.

^I like UPS over FedEx. FedEx used Ground service on some concert tickets I got one time, ended up HOLDING THEM at some huge warehouse (wtf??) off of New Bern Ave....really, guys??

12/9/2010 12:40:59 AM

GeniuSxBoY
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Quote :
"Ah whatever..not worth it."


Not worth what? The free privilege to carry cash money? Is it really going to break your life to carry $50 on you for the .000001% chance someone robs you?



[Edited on December 9, 2010 at 3:46 AM. Reason : how many times have you been robbed at gunpoint in your life?]

12/9/2010 3:44:45 AM

FuhCtious
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Jessiejepp, you cannot sue the USPS.

The federal government has general immunity from lawsuits, based on factors I won't go into. They abrogate that right of immunity in the Federal Tort Claims Act, with certain exceptions. One of those is that you cannot sue the postal service.

/thread

12/9/2010 6:25:45 AM

Ernie
All American
45943 Posts
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Quote :
"§ 401. General powers of the Postal Service

Subject to the provisions of section 404a, the Postal Service shall have the following general powers:

(1) to sue and be sued in its official name;"


http://www.law.cornell.edu/uscode/html/uscode39/usc_sec_39_00000401----000-.html

Quote :
"§ 2680. Exceptions

The provisions of this chapter and section 1346 (b) of this title shall not apply to—

(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."


http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002680----000-.html

12/9/2010 7:32:13 AM

jbtilley
All American
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Quote :
"he won't deliver mail if cars are parked too close to the mailbox"


We got one of those. I know it's not an official motto or anything, but I like to make fun of it all the same:

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds. Except if they have to walk 6 extra feet to get to a mail box. Man screw that. Also, President's Day and Columbus Day are way worse than snow or gloomy nights.

12/9/2010 7:41:25 AM

MrLuvaLuva85
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get a post office box

12/9/2010 8:39:58 AM

Seotaji
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^

12/9/2010 9:18:01 AM

modlin
All American
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Quote :
"You really expect me to carry around enough cash to last for 5-7 business days until my card is received in the mail? "


I was tryna make it so you didn't have to sit around on a business day to talk to your mail carrier. The other option is don't spend any money for a few days.

You could also try writing your last name on a card and taping it to the inside of your mailbox, without anything else. They'll deliver mail addressed to that name. I've had mailfolks do that at most of my residences.

12/9/2010 9:38:55 AM

wolfpackgrrr
All American
39759 Posts
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Quote :
"but about the fact that they have a monopoly "


Damn, I hope UPS, FedEx, DHL, and CEVA know that

12/9/2010 9:40:42 AM

Agent 0
All American
5677 Posts
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the Lounge is a place for serious topics.

Suspend.

12/9/2010 9:41:40 AM

BobbyDigital
Thots and Prayers
41777 Posts
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Quote :
"^dad always told me to keep a paper trail of all monetary activity."


well, looks like outdated habits have resulted in you screwing yourself.

You can't change USPS.

But you can change things that would prevent this in the future.

however, your solution is a lawsuit.

you'll go far.

12/9/2010 9:43:14 AM

LoneSnark
All American
12317 Posts
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Sign up for electronic statements with everyone you can. The Postal Service doesn't yet run electronic mail services and therefore won't be able to lose that mail.

You can also try to get a PO Box.

12/9/2010 9:45:07 AM

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