VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Corporation Service Company
d/b/a CSC-Lawyers Incorporating Service
Registered Agent for United Parcel Service, Inc.
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505
United Parcel Service, Inc.
Attn: Global Privacy Manager
55 Glenlake Parkway, NE
Atlanta, GA 30328
Pre-Arbitration Notice of Individual Consumer Privacy Dispute
To Whom It May Concern:
I am sending this Notice of Dispute to notify United Parcel Service, Inc., together with its subsidiaries, affiliates, agents, and related entities (collectively, “UPS”), of my individual dispute arising from my use of UPS’s services and UPS’s deployment or enablement of third-party tracking code and related technologies in connection with, and during, my electronic communications and interactions with UPS without my valid prior consent or other lawful authorization.
Nature and Basis of the Dispute
I used UPS’s services while physically located in {answer_2}. During my use of those services, I {answer_3} and otherwise communicated with UPS. To the best of my recollection, this use occurred within the applicable limitations period.
Based on my current understanding and counsel’s investigation into UPS’s tracking practices, UPS deployed, enabled, or caused the deployment of tracking code associated with Meta/Facebook, including on UPS.com. That investigation showed that the tracking code caused or permitted the contents of electronic communications with UPS, or information reflecting the substance and meaning of those communications, to be contemporaneously transmitted or otherwise made available to Meta or other third parties. Depending on the interaction, the information transmitted or made available included or reflected page-view activity, website navigation activity, search events transmitting user-entered search terms via URLs, package-tracking activity, and the transmission of URLs containing user-entered package tracking numbers and other shipment-related information. The investigation further indicated that Meta received information associated with users’ interactions with UPS webpages, including tracking, search, login, and other shipment-related functionality. Taken together, these findings support a reasonable inference that UPS deployed or enabled the challenged tracking code not merely to process communications between consumers and UPS, but to associate information reflecting the contents or substance of those communications with consumer identifiers or persistent behavioral profiles and to facilitate the subsequent profiling, use, disclosure, targeted advertising, marketing, commercial exploitation, or other unlawful downstream use of that information.
Upon information and belief, the challenged tracking code operated in the manner described above in connection with my electronic communications and interactions with UPS, causing or permitting the contents or substance of my communications to be contemporaneously transmitted or otherwise made available to Meta or other third parties.
I did not provide legally sufficient prior consent or authorization for Meta or another unrelated third party to contemporaneously receive, read, learn, or otherwise acquire the contents of my electronic communications with UPS as described above.
Separately, the investigation showed that the challenged tracking code and related technology recorded or decoded non-content dialing, routing, addressing, signaling, or related information associated with electronic communications and interactions with UPS. This information included or reflected, as applicable, IP addresses, URL’s, referring URLs, timestamps, user agent information, pageview and website interaction data, cookies, advertising or persistent identifiers, session identifiers, Meta Pixel identifiers, and other identifiers associated with the source, destination, routing, addressing, or transmission of those communications. Upon information and belief, the challenged tracking technology operated in this manner in connection with my electronic communications and interactions with UPS, thereby recording or decoding non-content dialing, routing, addressing, signaling, or related information associated with my communications.
I contend that the conduct described above violated applicable federal and state anti-wiretapping, interception, eavesdropping, and electronic-surveillance laws, including the federal Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510–2523, including 18 U.S.C. § 2511, by intentionally intercepting, endeavoring to intercept, procuring, enabling, or otherwise causing the interception of my electronic communications in violation of federal law. These claims include any applicable theories concerning interception, procurement or assistance of interception, and use or disclosure of unlawfully intercepted communications recognized under the law governing my communications.
I further contend that UPS violated California Penal Code §§ 638.50–638.51 by installing, using, enabling, or causing the use of a pen-register device or process that recorded or decoded non-content dialing, routing, addressing, signaling, or related information associated with my electronic communications, without first obtaining the required court order and without any applicable statutory exception or other lawful authorization.
I reserve all other statutory, common-law, contractual, consumer-protection, privacy, equitable, or related claims, theories, rights, and remedies supported by the facts and applicable law.
Relief Sought
I presently seek $5,000 in monetary relief to resolve this dispute. This amount reflects my present good-faith settlement demand based on the information currently available, including the claims asserted and the remedies potentially available under applicable federal and state anti-wiretapping, interception, eavesdropping, and electronic-surveillance laws, and other applicable law. I also seek injunctive relief requiring UPS to cease the challenged tracking practices unless and until UPS brings those practices into compliance with applicable law.
Nothing in this Notice waives any claim, remedy, or right to seek different or additional relief if subsequently discovered facts, applicable law, or the course of proceedings establishes entitlement to such relief. Nor does this Notice constitute any concession concerning the number, measure, or proper unit of violations or damages.
Informal Resolution
I am providing this Notice in good faith to afford UPS an opportunity to resolve this dispute before formal proceedings become necessary. I am willing to engage in good-faith resolution discussions during the 30 days following UPS’s receipt of this Notice. If the dispute is not resolved, I am prepared to pursue arbitration before the American Arbitration Association (“AAA”) and pursue any other available remedy.
Nothing in this Notice constitutes a concession or waiver concerning the existence, formation, assent to, notice of, applicable version, applicability, scope, interpretation, or enforceability of any arbitration, dispute-resolution, or related procedural provision UPS may invoke, including any procedures or conditions governing the initiation, administration, or resolution of a dispute. I expressly reject—and do not consent to—any unilateral amendment or modification to UPS’s terms unless I affirmatively agree in a separate, signed writing. I further reserve all arguments that any purported requirement has been satisfied or substantially complied with, waived or forfeited, excused, inapplicable, or unenforceable. Nothing in this Notice waives any claim, remedy, defense, objection, or right to proceed in any forum otherwise available under applicable law.
This Notice is based on the information currently available and is not intended as an exhaustive statement of all facts, claims, theories, or remedies. I reserve the right to supplement this Notice as additional information becomes available.
UPS should take reasonable steps to preserve documents and electronically stored information relevant to this dispute, including information concerning the challenged tracking technologies, their configuration and operation, my relevant interactions with UPS’s services, and the information collected, recorded, or transmitted in connection with those interactions.
If UPS considers this Notice deficient in any manner, please notify my attorneys so that they may consider and respond during the informal-resolution process.
I authorize UPS to communicate with my counsel identified below and to produce to them all records and information associated with me that are reasonably necessary to evaluate and resolve this dispute.
Please direct all communications concerning this matter to my counsel identified below.
Sincerely,