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Omaha Steaks International Inc. was hit with a proposed class action lawsuit that states that the company’s shipping and handling charges are unwarranted and unnecessary in contrast to the actual fees of shipping goods.
Plaintiff Neiman McCoy, a Los Angeles native, claims the charges are in violations of California’s Unfair Competition Law and of California’s Consumer Legal Remedies Act.
He states that a sensible customer would suppose that shipping and handling fees are equitably “related to a company’s actual costs of shipping and delivery.” However, the plaintiff claims, the costs of shipping and handling “greatly exceeded those costs.”
According to the lawsuit, McCoy purchased a jar of Tangy Buffalo Rub from the defendant’s website in February. When he bought the jar, however, he was charged $15.99 for shipping and handling, a price that greatly exceeds shipping and handling costs, according to the Omaha Steaks class action lawsuit.
According to a price calculator, McCoy alleges that he should have been charged half that amount if shipping and handling had gone through the U.S. postal service.
The Omaha Steaks class action point to the Direct Marketing Association, or DMA, an organization that seeks to “advance and protect responsible data-driven marketing,” which establishes a set of ethical principles or guidelines for marketing activities much like what was allegedly practiced by Omaha Steaks. These “ethical guidelines ‘are intended to provide individuals and organizations involved in direct marketing in all media with generally accepted principles of conduct.’”
The lawsuit states that DMA’s ethical guidelines on shipping charges deems that the “defendant’s delivery charges for products violate the ethical principles… because they are not reasonably related to defendant’s costs; to the contrary, they include profit and make shipping and handling a profit center.”
The ethical principles also allegedly state that shipping and handling charges should be unveiled and disclosed ahead of the order. The DMA says that “when ordering online, shoppers should receive shipping information early in the order path.”
The lawsuit contends that the proposed Class totals “at least tens of thousands,” and that the Class is “geographically dispersed across California.”
The plaintiff seeks compensatory damages on behalf of himself and all those similarly situated.
He seeks a full reimbursement of the cost of shipping and delivery fees and what he had paid “in excess of defendant’s actual costs of shipping and delivery.”
Neiman McCoy is represented by Scott J. Ferrell of Pacific Trial Attorneys APC and Ford & Diulio PC.
The Omaha Steaks Shipping Fees Class Action Lawsuit is Neiman McCoy v. Omaha Steaks International Inc.., Case No. BC658076, in the Superior Court of the State of California, for the County of Los Angeles.
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32 thoughts onOmaha Steaks Class Action Challenges Excessive Shipping Costs
How do you fill out a claim form?
Add me to lawsuit please
Bought from them several times,for gifts. Wasn’t unail I ordered one for myself I realized how small the portions were,along with the nasty preservative juices they seal them with. Will be watching this,please add me.
they said free shipping but they charged me
Love the Omaha Steaks,but all very small portions.
S/H has always been high. Reason I haven’t ordered for a while.
Complained about it..but nothing done.
I even said I didn’t want free steak knives/cheese board etc etc..and stated I would rather have fee shipping! That was “No..we cannot take out freebies from orders”
Well that is ridiculous!
Thanks me please
I received a 28.00 credit from an Omaha Steak lawsuit several months ago. I called to order the 39.99 deal with free shipping, and rude, fast-talking salesman told me free shipping meant my order would be full price of 250.00, instead of 39.99. I said no and asked what 39.99 order plus shipping would cost. He never would answer me and kept trying to get me to order higher priced items. I hung up and got online to order, so I could use my credit. I ended up ordering 3 jerky sticks at 7 or 8 dollars total and 15.99 shipping. The package came and postage showed it only weighed 8 oz. So, I am still owed 4 or 5 dollars credit. Please add me to this lawsuit. Thanks.
I have purchased from them ;;Didn’t get what they said wasn’t worth the price…..
S Paul
Use them often
I have bought from them several times in the past