UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH LLC, individually and on 

behalf of all others similarly situated,

Plaintiff,

v.

UNITED PARCEL SERVICE, INC.,

Defendant.

Case No. 14-12719 DPH-RSW

Honorable Denise Page Hood

Andrew J. McGuinness (P42074)

ANDREW J. MCGUINNESS, ESQ.

P.O. Box 7711

Ann Arbor, MI 48107

Phone: (734) 274-9374

drewmcg@topclasslaw.com

Daniel R. Karon (admitted)

Beau D. Hollowell

KARON LLC

700 W St Clair Ave, Suite 200

Cleveland, OH 44113

Phone: (216) 622-1851

dkaron@karonllc.com 

bhollowell@karonllc.com

Sanford P. Dumain (admitted)

MILBERG COLEMAN BRYSON PHILLIPS 

GROSSMAN PLLC

100 Garden City Plaza, Ste 500

Garden City, NY 11530

Phone: (212) 594-5300

sdumain@milberg.com

Class Counsel

Paul T. Friedman (admitted)

Caitlin Sinclair Blythe (admitted)

MORRISON & FOERSTER LLP

425 Market Street

San Francisco, CA 94105 

Phone: (415) 268-7000

cblythe@mofo.com

Gregory B. Koltun (admitted)

MORRISON & FOERSTER LLP

707 Wilshire Boulevard

Los Angeles, CA 90017

Phone: (213) 892-5200

gkoltun@mofo.com

Sonal Hope Mithani (P51984)

MILLER CANFIELD PADDOCK & STONE PLC

101 North Main Street, 7th Floor

Ann Arbor, MI 48104

Phone: (734) 668-7786

mithani@millercanfield.com

Counsel for Defendant

PLAINTIFF’S UNOPPOSED MOTION FOR 

FINAL APPROVAL OF CLASS SETTLEMENT

Plaintiff, without opposition by Defendant, moves this Court to enter an 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3329 Filed 05/16/22 Page 1 of 173
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order finally approving the parties’ class action settlement. With the assistance of 

an experienced mediator, the parties reached the proposed settlement that this 

Court has preliminarily approved. 

WHEREFORE, Plaintiff moves this Honorable Court to enter judgment 

substantially in the form of Exhibit 1 that: 

1. Finally approves the parties’ Amended Class Action Settlement 

Agreement, Exhibit 1 attached (“Settlement Agreement”); 

2. Reaffirms the Court’s interim certification of the Rule 23(b)(2) and (b)(3) 

Settlement Class; 

3. Finds that notice to the Settlement Class was issued in compliance with 

Rule 23 and due process; 

4. Appoints BleachTech LLC as Settlement Class representative; 

5. Appoints Andrew J. McGuinness, Daniel R. Karon, and Sanford P. 

Dumain as Class Counsel; 

6. Overrules any objections; 

7. Excludes from the Settlement Class the persons or companies listed on 

identified as timely opt-outs;

8. Authorizes the payment of all valid claims according to the Settlement 

Agreement’s terms; 

9. Grants the Injunctive Relief specified in the Settlement Agreement; 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3330 Filed 05/16/22 Page 2 of 173
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10. Reserves the continuing jurisdiction of this Court to preside over any 

ongoing proceedings relating to the Claims, this Settlement, and the Injunctive 

Relief; and 

11. Enters Judgment substantially in the form of Exhibit 1, including an 

award of attorneys’ fees to Class Counsel, reimbursement of Class Counsel’s 

expenses, authorization of the payment of all Claim Administration expenses, and 

a grant of a Service Award. 

In support of this Motion, Plaintiff submits the attached brief. 

Dated: May 16, 2022 Respectfully submitted,

s/Andrew J. McGuinness 

Andrew J. McGuinness (P42074) 

ANDREW J. MCGUINNESS, ESQ. 

P.O. Box 7711 

Ann Arbor, MI 48107 

Phone: (734) 274-9374 

drewmcg@topclasslaw.com 

Daniel R. Karon (admitted) 

Beau D. Hollowell 

KARON LLC

700 W St Clair Ave, Suite 200 

Cleveland, OH 44113 

Phone: (216) 622-1851 

dkaron@karonllc.com 

bhollowell@karonllc.com 

Sanford P. Dumain (admitted) 

MILBERG COLEMAN BRYSON PHILLIPS 

GROSSMAN PLLP

One Pennsylvania Plaza, Suite 1920 

New York, NY 10119 

Phone: (212) 594-5300 

sdumain@milberg.com

Class Counsel 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3331 Filed 05/16/22 Page 3 of 173
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PLAINTIFF’S BRIEF IN SUPPORT OF UNOPPOSED MOTION FOR 

FINAL APPROVAL OF CLASS SETTLEMENT

TABLE OF CONTENTS

CONTROLLING OR MOST PERTINENT AUTHORITIES................................ iii

ISSUES PRESENTED............................................................................................. iv

INTRODUCTION ..................................................................................................... 1

BACKGROUND ....................................................................................................... 3

A. Plaintiff’s claims.......................................................................................... 3

B. Relevant procedural history......................................................................... 4

C. Vigorous, arms-length settlement discussions led to the parties’ 

settlement, which provides easy-to-obtain and significant benefits 

to Class Members. ....................................................................................... 6

LAW AND DISCUSSION ......................................................................................10

A. The standard governing final approval......................................................10

B. The parties’ settlement is fair, reasonable, and adequate, and treats 

Class Members equitably relative to each other........................................12

C. The parties’ settlement also holds up against the Sixth Circuit’s 

standard......................................................................................................14

1. No fraud or collusion exists because the parties negotiated their 

settlement at arm’s length..........................................................................14

2. The Settlement will provide prompt payment to Class Members 

and will avoid the risks attendant to complex litigation............................15

3. Sufficient discovery occurred for Plaintiff to have access to 

adequate information from Defendant. .....................................................16

4. Success on the merits is not guaranteed. ..............................................17

5. Class Counsel believe the Settlement is reasonable given the 

strengths and weaknesses of the claims. ...................................................18

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3332 Filed 05/16/22 Page 4 of 173
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6. The Settlement is fair to Absent Class Members. ................................21

7. The Settlement serves the public interest. ............................................22

D. The Settlement Class satisfies Rule 23......................................................23

1 Numerosity is established......................................................................23

2. Class claims present common issues of law or fact. ............................23

3. Plaintiff’s claims are typical of Class Members’ claims......................24

4. Plaintiff and Class Counsel are adequate. ............................................25

5. The Rule 23(b) factors are satisfied. ....................................................26

6. The notice was reasonable....................................................................29

7. Negligible opt-outs have occurred, and no Class Members have 

yet objected................................................................................................31

CONCLUSION........................................................................................................32

CERTIFICATE OF SERVICE ................................................................................33

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3333 Filed 05/16/22 Page 5 of 173
iii

CONTROLLING OR MOST PERTINENT AUTHORITIES

Cases

Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (1997)...........................................28

Dallas v. Alcatel-Lucent USA, Inc., No. 09–14596, 2013 U.S. Dist. LEXIS 

71204 (E.D. Mich. May 20, 2013) ................................................................15

Gascho v. Global Fitness Holdings, LLC, 822 F. 3d 269 (6th Cir. 2016).................1

Hicks v. State Farm Fire & Cas. Co., 965 F.3d 452 (6th Cir. 2020)........... 24, 27, 28

In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig., 722 F.3d 

838 (6th Cir. 2013) ........................................................................................24

Larue v. Selfiestyler, Inc., No. 2:19-cv-03617, 2002 U.S. Dist. LEXIS 

228605 (S.D. Ohio Dec. 4, 2020)..................................................................15

Martin v. Trott Law, P.C., No. 12838, 2018 U.S. Dist. LEXIS 167531 (E.D. 

Mich. Sept. 28, 2018) ......................................................................................1

UAW v. Gen. Motors Corp., 497 F.3d 615 (6th Cir. 2007) ........................ 12, 18, 21

Rules

Fed. R. Civ. P. 23(b) ................................................................................................11

Fed. R. Civ. P. 23(c).................................................................................... 11, 29, 30

Fed. R. Civ. P. 23(e)......................................................................................... passim

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3334 Filed 05/16/22 Page 6 of 173
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ISSUES PRESENTED

1. Is the parties’ Settlement fair, reasonable, and adequate and should the 

Court grant final approval of it?

2. Has adequate notice to the Class been achieved, in compliance with 

Federal Rule of Civil Procedure 23, the requirements of due process, and 

Supreme Court precedents?

3. Should the Court retain jurisdiction to enforce the Settlement and enter 

final judgment?

Plaintiff answers “Yes” to all of these questions. Defendant does not oppose 

this Motion.

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INTRODUCTION

After eight years of litigation—including three appeals—the parties reached 

a proposed class Settlement with the assistance of an experienced mediator, the 

Hon. Gerald Rosen (Ret.), who was the assigned judge during the initial phase of 

this litigation. The total Settlement Common Fund1 created by the Settlement is 

approximately $5.7 million.2 This is comprised of a payment by UPS in cash or 

account credits to active account holders totaling $4,850,000, together with UPS’s 

payment of one-half of the notice and administration costs. Administration costs 

total $1,666,513. Defendant has additionally agreed to injunctive relief for three 

years that clarifies the UPS pricing table for declared value coverage to avoid 

future claims and confusion.

Defendant supplied data to the Settlement Administrator permitting it to 

1 Unless otherwise noted, capitalized terms have the meanings set out in the 

Amended Class Action Settlement Agreement (“Settlement Agreement”) dated 

April 20, 2021, filed as Exhibit 1 to Plaintiffs’ Unopposed Motion and Brief in 

Support for Preliminary Approval of Class Settlement. (ECF #144.)

2 $4,850,000 (cash consideration) + $833,256.50 (half of $1,666,513 notice and 

administration costs) = $5,683,256.50. See Gascho v. Global Fitness Holdings, 

LLC, 822 F. 3d 269, 282 (6th Cir. 2016) (“To reach a resolution satisfactory to all 

parties, litigants may agree to cash and noncash settlement components. 

Calculating the ratio between attorney’s fees and benefit to the class must include a 

method for setting the denominator that gives appropriate consideration to all 

components that the parties found necessary for settlement.”); Martin v. Trott Law, 

P.C., No. 12838, 2018 U.S. Dist. LEXIS 167531, at *24 (E.D. Mich. Sept. 28, 

2018) (“[I]t is sensible to include the expenses of settlement administration in the 

Total Benefit to the class.”).

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identify 2,151,648 Class Members.

3 The Settlement will provide direct payments

or immediately usable credits to Class Members without the need for them to file 

claims. 

As of May 12, 2022, there were no opt-outs or objections.4

 

On April 8, 2022, the Court granted Plaintiffs’ motion for entry of an order 

(1) directing the parties to provide notice to the proposed settlement class pursuant 

to Rule 23(e); (2) designating BleachTech LLC as interim class representative; and 

(3) designating Andrew J. McGuinness, Daniel Karon, and Sanford Dumain as 

interim class counsel pursuant to Rule 23(g). ECF No. 148. The parties’ Settlement 

represents a strong recovery for the Class. It results from intense and repeated 

arm’s length negotiations overseen by an experienced neutral mediator after class 

counsel had undertaken substantial, hard-fought discovery and the claims had been 

vetted by repeated dispositive motion practice, including the aforementioned 

appeals. 

Because the parties’ Settlement is fair, reasonable, and adequate, the notice 

satisfies Rule 23 and due process, and because this Court has already preliminarily 

concluded that it will be able to approve it and certify the Class, the Court should 

grant final approval and enter judgment substantially in the form attached as 

3 Aziz Decl. ¶ 8.

4 The deadline for opt-outs and objections is May 30, 2022.

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Exhibit 1A.

BACKGROUND

A. Plaintiff’s claims.

Plaintiff’s amended class action complaint seeks contract damages, 

declaratory, and injunctive relief on behalf of all persons and companies who used 

UPS to ship a package and purchased or paid for additional coverage for loss or 

damage from UPS. Plaintiff’s complaint alleges that for years UPS overcharged

customers for the first $100 of declared value coverage that UPS, in its 

standardized published rates, claimed to provide at no additional charge. Thus, 

Plaintiff alleges that UPS accepted liability for loss or damage for all shipments 

up to $100 as part of its service at no additional charge.

In particular, UPS’s applicable Service Guide states that “UPS’s liability 

for loss or damage to a shipment is limited to $100 without a declaration of value” 

and “[t]he maximum declared value is $50,000.00 per package. UPS’s liability for 

loss or damage can be increased up to $50,000.00 (subject to terms and

conditions) by making a declaration of value for an additional charge.”

But the pricing table for “Value Added Services” for “Declared Value for 

Carriage” in the Service Guide specifies the price for additional declared value 

coverage as follows for each package:

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3338 Filed 05/16/22 Page 10 of 173
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$0.00-$100.00 $0.00

$100.01–$50,000.00

for each $100.00 (or 

portion

of $100.00) of the total 

value

declared

$0.85

Minimum $2.55

Id. at 70.

According to Plaintiff, UPS promised in its Service Guide that the first 

$100 of coverage would be at no additional charge, whether a shipper purchased

additional declared value coverage or not. Despite this promise, Plaintiff alleges 

UPS charged shippers an additional amount for the first $100 coverage when 

shippers purchased excess declared value coverage over the amount that would 

otherwise equate with the minimum charge for the corresponding shipment.

According to Plaintiff, UPS’s overcharges for the first $100 of value for 

packages shipped with a declared value reflect a breach of contract , which 

Plaintiff designed its lawsuit to redress.

B. Relevant procedural history.

This litigation commenced on December 27, 2013, with the filing of two 

class actions (in California and in this Court). Before consolidation, Judge Rosen 

dismissed the case in this court as a matter of law. Instead of appealing, counsel 

refiled the California case here, which Judge Rosen dismissed. 

Plaintiffs appealed (first appeal), and the Sixth Circuit reversed. Following 

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remand discovery ensued, after which UPS moved to compel mandatory 

arbitration seeking to apply its post-Class Period arbitration terms retroactively. 

This Court denied UPS’s motion and its subsequent Motion for Clarification. UPS 

appealed the arbitration ruling (second appeal). UPS appealed denial of its Motion 

for Clarification as well (third appeal).

Plaintiffs moved to dismiss the third appeal for lack of appellate

jurisdiction. The Sixth Circuit granted that motion.

The Sixth Circuit affirmed this Court’s denial of UPS’s arbitration motion, 

holding that the arbitration agreement was not applicable because it was not found 

in the contracts in place during the time plaintiffs asserted that UPS charged the 

allegedly improper fee. Rather, the contracts provided that the terms in effect at the 

time of shipping were to apply, not subsequent terms. Additionally, the court of 

appeals held that even if the scope of the arbitration agreement could have been 

applied to prior shipments, this Court properly concluded that UPS waived any

right to arbitrate because it spent more than two years vigorously litigating the 

merits of the claims in this Court and on appeal before seeking to compel 

arbitration.

Although this lawsuit originally sought relief on behalf “indirect” shippers 

who shipped through a “third-party retailer” or other intermediary, such as The 

UPS Store, discovery and settlement negotiations demonstrated that indirect 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3340 Filed 05/16/22 Page 12 of 173
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shipper Joe Solo did not pay an incremental charge for the first $100 of declared 

value under the challenged UPS pricing tables. Moreover, the evidence

demonstrated that all or virtually all of The UPS Store customers and customers

of other third-party shippers did not pay an incremental charge for the first $100 

of declared value pursuant to UPS’ disputed pricing tables. Accordingly, with the 

consent of the parties and Mr. Solo, and with leave of this Court, Plaintiff’s 

counsel amended the complaint to drop Solo and the unjust enrichment claim, and 

now seek certification of a class of only direct shippers represented by

BleachTech LLC.

5

 

C. Vigorous, arms-length settlement discussions led to the parties’ 

settlement, which provides easy-to-obtain and significant 

benefits to Class Members. 

On June 27, 2018, June 26, 2020, and September 1, 2020, the parties 

undertook mediation before the Honorable Gerald E. Rosen (Ret.). At the third 

session, the parties agreed in principle to settle this action on a class basis on the 

terms set forth in the Settlement Agreement.

Defendant agreed to pay cash consideration of $4,850,000 to settle Class 

Members’ claims, and moreover to fund one-half of the settlement administration 

and notice costs. 

5

Indirect shippers are not included in the Class defined in the Settlement 

Agreement and are not releasing any claims. Importantly, Plaintiff’s counsel did 

not negotiate a release of any potential indirect shipper claims.

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Additionally, UPS agreed to injunctive relief to clarify its declared value 

pricing tables for three years from the date of the Settlement Agreement. If UPS 

desires to make certain changes to the pricing table, it will be required to notify 

Class Counsel in advance. If Class Counsel objects to such changes and the parties 

cannot agree, the Settlement Agreement provides a mechanism for expedited 

private mediation before Judge Rosen, or another mutually agreeable mediator, at 

UPS’s expense. If the parties still cannot resolve any differences, UPS will be 

required to seek the Court’s approval before implementing changes within the 

scope of the injunction. Changes required by law and changes to the incremental 

price charge amount alone (including elimination of the incremental charge 

altogether) do not fall within the scope of the injunctive relief.

The terms of the Settlement are fully described in the Settlement Agreement

and in the Plaintiff’s Unopposed Motion and Brief In Support for Preliminary 

Approval of Class Settlement (ECF 144). The Settlement Class is defined as:

Except as excluded below, all persons or entities who, from January 1, 

2011, through December 29, 2013 (the “Class Period”), tendered to 

UPS (or paying party if the package was billed to a different account 

than the shipper) one or more U.S. origin packages under contract 

with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged 

pursuant to UPS’s published Retail rates.

Excluded from the Class and the releases set forth in Section 13 of the Settlement

are any packages with a declaration of value that was later voided, any packages 

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shipped under an account of a The UPS Store location, and any packages shipped 

through any other Third-Party Retailer (as defined by the July 8, 2013 UPS 

Tariff/Terms and Conditions of Service – United States (attached as Exhibit A to 

the Amended Complaint)) to the extent the claim is asserted by a customer of such 

Third-Party Retailer, which packages will not be deemed Covered Packages.6

 

This non-reversionary common-fund settlement will be distributed by the 

Settlement Administrator to Class Members on a pro rata basis—that is, in 

proportion to each Class Member’s claim points relative to the total claim points.

Claims forms are not required, though Class Members might be required 

reasonably to verify their identity and payment information to the Settlement 

Administrator if UPS’s records are not sufficient to verify the same. 

Conveniently, Class Members with Active Accounts with UPS will receive 

their distribution of the Net Settlement Fund via account credit (reducing the 

prospect of uncashed checks). These account credits will be issued by UPS no later 

6 Also excluded from the Class is any entity in which Defendant has or had a 

controlling interest or which has a controlling interest in Defendant and all The 

UPS Store locations, and all other authorized UPS shipping agents and partners, 

including authorized outlets, to the extent that their packages were not shipped 

pursuant to a contract with UPS during the Class Period to purchase declared value 

coverage at the rates set forth in the pricing tables published in the applicable UPS 

Service Guide. Further excluded from the Class are UPS’s legal representatives, 

assigns, and successors; the Court and any member of its staff; and any Putative 

Class Member who timely submits a valid Request for Exclusion or is found by the 

Court to have adequately opted out of the Class.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3343 Filed 05/16/22 Page 15 of 173
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than 45 days after the Effective Date. Unapplied account credits Settlement 

Administrator will be processed through UPS’s standard business practices 

(including direct payments to customers with unapplied credits). No account 

credits will revert to UPS.

7

For Class Members who do not have Active Accounts the Settlement 

Administrator will mail checks to them for their distribution. Distribution checks 

will be good for 90 days after the date on the check. Funds represented by credits 

that are not applied or used within 45 days of issuance and checks uncashed after 

90 days, shall constitute “Unused Class Funds.” Unused Class Funds are proposed 

to be donated to the National Consumer Law Center, a § 501(c)(3) non-profit 

public interest law firm engaged in the education, training, and promotion of 

consumer protection law, as a cy pres award. 

Consistent with the Settlement and the Preliminary Approval Order, Class 

Counsel by separate motion seek a service award of $5,000 for Plaintiff, an award 

of attorneys’ fees of 33 1/3% of the Settlement Common Fund, and reimbursement 

of their out-of-pocket expenses. 

7 UPS is required to certify to the Settlement Administrator, under oath, the total 

number of account credits issued. The Settlement Administrator shall then credit or 

reimburse UPS from the Net Settlement Fund the total of such applied credits 

within 30 days of receipt of such certification unless otherwise ordered by the 

Court, effectively maintaining the cash consideration (not counting UPS’s payment 

of one-half of administration costs) at $4.85 million.

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LAW AND DISCUSSION

A. The standard governing final approval

Federal Rule of Civil Procedure 23(e) was amended in December 2018 to 

formalize a two-step approval process. Initially, the parties (typically through the 

named plaintiffs) are required to submit sufficient information for the court to 

determine whether to authorize class notice and set a final approval hearing. The 

standard for that decision is whether the parties have made a showing that permits 

the court to conclude it “will likely be able to: (i) approve the proposal under Rule 

23(e)(2) [final approval]; and (ii) certify the class for purposes of judgment on the 

proposal.” Fed. R. Civ. P. 23(e)(1)(B). 8 This Court made this determination in its 

Order Granting Preliminary Approval of Conditional Class Action Settlement and

Directing Class Notice, entered April 8, 2022 (ECF 148).

8 The Advisory Committee Note adds that “the decision to give notice of a 

proposed settlement to the class is an important event [and] should be based on a 

solid record supporting the conclusion that the proposed settlement will likely earn 

final approval after notice and an opportunity to object.” To achieve the court’s 

confidence, “[t]he parties must provide the court with information sufficient to 

determine whether notice should be sent [and should] provide the court with all 

available materials they intend to submit to support approval under Rule 23(e)(2) 

and that they intend to make available to class members.” Id. In other words, courts 

now frontload the decision to approve proposed class settlement “by considering 

many of the same factors at the initial notice stage that [they] will consider at the 

later approval stage.” Peck v. Air Evac EMS, Inc., No. 18-cv-615, 2019 U.S. Dist. 

LEXIS 119011, at *6–7 (E.D. Ky. June 5, 2019).

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Under Rule 23(e)(1), notice must satisfy the requirements of amended Rule 

23(c)(2)(B) for a class to be certified under Rule 23(b)(3) and trigger class 

members’ time to request exclusion. The parties may then provide the court 

information about class members opt-out rate when the court considers final 

approval of the proposed settlement.9

Before approving a binding settlement, and after a final fairness hearing, the 

Court must conclude that it is “fair, reasonable, and adequate.”10 To gauge whether 

a settlement is fair, reasonable, and adequate, Rule 23(e)(2) directs courts to 

consider the following factors:

• the class representatives and class counsel have adequately represented 

the class;

• the proposal was negotiated at arm’s length;

• the relief provided for the class is adequate, considering the costs, risks, 

and delay of trial and appeal; the effectiveness of any proposed method 

of distributing relief to the class, including the method of processing 

class-member claims; the terms of any proposed award of attorney's fees, 

including timing of payment; and any agreement required to be identified 

under Rule 23(e)(3); and

• the proposal treats class members equitably relative to each other.11

9 Committee Notes on 2018 Amendments to Fed. R. Civ. P. 23(e). 

10 Fed. R. Civ. P. 23(e)(2). See also Garner Properties & Mgmt., LLC. v. City of 

Inkster, No. 17-cv-13960, 2020 U.S. Dist. LEXIS 146655, at *21 (E.D. Mich. Aug. 

14, 2020) (recognizing need to consider settlement’s fairness, reasonableness, and 

adequacy at final approval). 

11 Rule 23(e)(2) also directs courts to consider any side agreements between the 

parties made in connection with the proposed settlement agreement. There are no 

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In addition to the Rule 23(e)(2) factors, the Court may also consider the Sixth 

Circuit’s settlement factors: 

• the risk of fraud or collusion; 

• the complexity, expense and likely duration of the litigation;

• the amount of discovery engaged in by the parties; 

• the likelihood of success on the merits; 

• the opinions of class counsel and class representatives; 

• the reaction of absent class members; and

• the public interest.12 

No single factor is determinative, and the Court should consider the factors 

relevant to the circumstances of each individual case.13

B. The parties’ settlement is fair, reasonable, and adequate, and 

treats Class Members equitably relative to each other.

Plaintiff’s counsel has successfully negotiated a proposed settlement with 

several key, pro-consumer features, frequently lacking in consumer class action 

settlements: 

• The $5.7 million in total payments by UPS represents a substantial 

percentage of the potential claims. This represents over 50% of the 

such agreements in this action.

12 UAW v. Gen. Motors Corp., 497 F.3d 615, 631 (6th Cir. 2007). 

13 In re Auto Parts Antitrust Litig., No. 17-cv-13005, 2018 U.S. Dist. LEXIS 

225726, at *231 (E.D. Mich. Nov. 6, 2018). 

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potential claims for the 12 million Covered Packages shipped in the 

second half of 2013 alone (the strongest claims). While it represents a 

smaller percentage of all Covered Packages, in the opinion of Class 

Counsel it represents a strong recovery for the Class as a whole in 

light of the risks, costs, and further attendant delays of continued 

litigation;

• Given the large class size (over 2 million Class Members), UPS’s 

payment of one-half of settlement administration and notice costs is 

particularly significant. Without this feature, notice costs alone would 

have significantly diminished the cash consideration UPS was willing 

to pay to resolve the claims; 

• There is no claims process as part of this settlement; 100% of the 

proceeds of the net settlement fund will be distributed, either in cash 

or through account credits that are cash equivalents, without the 

necessity of Class Members filing a claim, based upon UPS’s records. 

This standout feature alone distinguishes this settlement, since a 

claims rate no more than 7% is typically achieved in consumer class 

actions (meaning that some 93% of class members would get nothing 

in exchange for the release of their claims);

• This is a non-reverter settlement. This means that UPS will not 

recover any of the net settlement fund that is unable reasonably to be 

distributed to Class Members (e.g., uncashed checks). Instead, the 

National Consumer Law Center, a nonprofit law firm dedicated to 

advancing consumer rights, will receive such cy pres funds; and

• UPS has already changed its business practices based on this 

Settlement, modifying the challenged pricing table language to 

address the substance of the claims, and has agreed to injunctive relief 

to avoid future consumer confusion for three years from the date the 

Settlement Agreement was signed.

As discussed at some length in Plaintiff’s Unopposed Motion for 

Preliminary Approval of Class Settlement (ECF 144, Page ID. 3125-3129), 

incorporated herein by this reference), the Settlement treats Class Members 

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equitably relative to each other. Specifically, the Settlement allocates two claim 

points per Covered Package shipped between July 1, 2013, and December 29, 2012 

(within the six-month notice period UPS’s Terms seek to impose), and one claim 

point for each Covered Package shipped before July 1, 2013. In the judgment of 

Class Counsel, this allocation equitably values Class Members’ respective claims. 

McGuinness Decl. ¶¶ 27, 28 (ECF 144, Page ID. 3231, 3239-3240). 

Channeled through Rule 23(e), this arms-length settlement, which treats all 

Class Members equally and effectively distributes class relief, could not have been 

achieved were it not for the hard work of capable Class Counsel and the 

investment and cooperation of BleachTech. 

C. The parties’ settlement also holds up against the Sixth 

Circuit’s standard. 

1. No fraud or collusion exists because the parties 

negotiated their settlement at arm’s length. 

Courts “‘presume the absence of fraud or collusion in [class-action] 

settlements, unless evidence to the contrary is offered.”14 Courts also find 

14 Larue v. Selfiestyler, Inc., No. 2:19-cv-03617, 2002 U.S. Dist. LEXIS 228605, 

*6 (S.D. Ohio Dec. 4, 2020) (quoting In re Telectronics Pacing Sys. Inc., 137 F. 

Supp. 2d 985, 1016 (S.D. Ohio 2001). See also Marro v. N.Y. State Teachers’ Ret. 

Sys., No. 16-1821, 2017 U.S App. LEXIS 24073, *5 (6th Cir. Nov. 27, 2007) 

(rejecting collusion argument when no evidence submitted) (citing Moulton v. U.S. 

Steel Corp., 581 F.3d 344, 351 (6th Cir. 2009)); IUE-CWA v. Gen’l Motors Corp., 

238 F.R.D. 583, 598 (E.D. Mich. 2006); Doe v. Déjà Vu Consulting, Inc., 925 F.3d 

866, 897–98 (6th Cir. 2019). 

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settlements that are a product of private mediation satisfy the arms-length 

requirement.15 

The parties negotiated this Settlement at arm’s length and over several 

months with the assistance three mediation sessions with Judge Rosen as well as 

several intervening phone calls with him. Judge Rosen had strong familiarity with 

the claims, and this case was remanded to his docket after the first appeal.

2. The Settlement will provide prompt payment to Class 

Members and will avoid the risks attendant to complex 

litigation. 

“[T]here is no such thing as risk-free, expense-free litigation.”16 “Courts 

have held that ‘there is a strong public interest in encouraging settlement of 

complex litigation and class-action suits because they are ‘notoriously difficult and 

15 Dallas v. Alcatel-Lucent USA, Inc., No. 09–14596, 2013 U.S. Dist. LEXIS 

71204, at *22–23 (E.D. Mich. May 20, 2013) (settlement facilitated by neutral 

mediator was in good faith and at arm’s length); Smyers v. Ohio Mulch Supply, 

Inc., No. 2:17-cv-1110, 19-cv-1632, 2020 U.S. Dist. LEXIS 246662, at *7 (S.D. 

Ohio Dec. 4, 2020); In re Auto. Parts Antitrust Litig., 2020 U.S. Dist. LEXIS 

174177, at *169 (E.D. Mich. Sept. 23, 2020); Ware v. CKF Enters., No. 5:19-183-

DCR, 2020 U.S. Dist. LEXIS 154995, at *14–15 (E.D. Ky. Aug. 26, 2020); Bartell 

v. LTF Club Operations Co., No. 2:14-cv-401, 2020 U.S. Dist. LEXIS 229682, at 

*8 (S.D. Ohio Aug. 7, 2020) (settlement at arms’ length when facilitated by 

experience and highly skilled mediators); see also O’Bryant v. Pillars Prot. Servs., 

No. 2:19-cv-1354, 2020 U.S Dist LEXIS 238047, *13 (S.D. Ohio Dec. 17, 2020) 

(negotiating with mediator and then finalizing settlement afterwards was “product 

of arms-length negotiations.”).

16 IUE-CWA, 238 F.R.D. at 596.

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16 

unpredictable’ and settlement conserves judicial resources.’”17 “‘[M]ost class 

actions are inherently complex and settlement avoids the costs, delays, and 

multitude of other problems associated with them.’”18 And “‘complex litigation of 

this sort is costly and time-consuming . . . .’”19 

Unless the Settlement is approved, the parties will at a minimum have to 

pursue additional discovery, fight multiple discovery motions, engage in further 

expensive ESI negotiations and additional document productions, and brief and 

argue class certification and summary judgment—not to mention trial and further 

possible appeals. Additionally, the magistrate ruled that Plaintiff potentially would 

be responsible for considerable e-discovery costs, which increased the litigation 

risk to Plaintiff and its counsel, particularly when considering that the class 

includes over 2 million members, with over 12 million Covered Package shipments 

in the second half of 2013 alone. 

3. Sufficient discovery occurred for Plaintiff to have access 

to adequate information from Defendant. 

17 Déjà Vu, 925 F.3d at 899 (quoting In re Cardizem CD Antitrust Litig., 218 

F.R.D. 508, 530 (E.D. Mich. 2003)).

18 In re Telectronics Pacing Sys, Inc., 137 F. Supp. 2d 985, 1013 (S.D. Ohio 2001) 

(quoting In re Austrian and German Bank Holocaust Litig., 80 F. Supp. 2d 164, 

174 (S.D.N.Y. 2000)); In re Delphi Corp. Sec., 248 F.R.D. 483, 497 (E.D. Mich. 

2008) (“‘For class actions in particular, courts view settlement favorably because it 

avoids the costs, delays and multitudes of other problems associated with them.’”)

(quoting Telectronics, 137 F. Supp. 2d at 1013). 

19 IUE-CWA, 238 F.R.D. at 596 (quoting UAW, 2006 U.S. Dist. LEXIS 14890, at 

*56 (citing Sprague v. GMC, 133 F.3d 388, 397 (6th Cir. 1998) (en banc))). 

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“‘[T]he district judge need only have sufficient facts before [her] to 

intelligently approve or disapprove the settlement.’”20 The discovery conducted 

satisfies the threshold necessary to demonstrate that class counsel had information 

sufficient to evaluate Plaintiff’s claims.21 

Discovery was underway when the parties settled. Class counsel had access 

to important discovery to weigh the advantages and risks of continued litigation

and to make informed settlement recommendations to Plaintiff. In addition to the 

depositions of important witnesses, Defendant had produced over 23,000 pages of 

documents, including substantial ESI. 

4. Success on the merits is not guaranteed. 

The fairness of a class action settlement “turns in large part on the bona fides 

of the parties’ legal dispute.”22 In assessing the parties’ settlement, the Court’s task 

“is not to decide whether one side is right or even whether one side has the better 

of these arguments . . . . The question rather is whether the parties are using 

20 Id. at 597–98 (quoting UAW, 2006 U.S. Dist. LEXIS at *59–60) (other citations 

omitted).

21 See e.g., id. at 598 (collecting cases); Déjà Vu, 925 F.3d at 898–99 (“[C]ourts

have held that settlements are permissible where ‘notwithstanding the status of 

discovery, Plaintiff’s negotiators had access to a plethora of information regarding 

the facts of their case.’”) (quoting In re Corrugated Container Antitrust Litig., 643 

F.2d 195, 211 (5th Cir. 1981)). 

22 UAW, 497 F.3d at 631.

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settlement to resolve a legitimate legal and factual disagreement.”23 The ultimate 

question for the Court is whether the interests of the class are better served if the

litigation is resolved by the settlement rather than continued litigation.

24 While this 

factor requires that the Court understand the relative strengths of the claims and 

defenses somewhat, it need not resolve them.

25 

While Plaintiff is confident in the merits of this case, Defendant insists that 

its actions were consistent with the Terms and the law. Because Defendant’s 

liability, ultimately, is a jury question, there is a risk that the Class would not 

prevail at trial. These critical disagreements and considerations support final

approval of the Settlement.

5. Class Counsel believe the Settlement is reasonable given

the strengths and weaknesses of the claims. 

Courts give substantial weight to the experience of the attorneys who 

prosecuted the case and negotiated the settlement.

26 This Court has consistently 

held that “where class counsel is experienced and diligent, their ‘endorsement of 

23 Id. at 632. 

24 See IUE-CWA, 238 F.R.D. at 595.

25 Id. at 595. 

26 Id. at 597 (citing UAW, 2006 U.S. Dist. LEXIS 14890, at *57 (other citations 

omitted); see also In re Cardizem CD Antitrust Litig., 218 F.R.D. 508, 525 (E.D. 

Mich. 2003) (“in approving a proposed settlement, the court also considers the 

opinion of experienced counsel as to the merits of the settlement”).

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the settlement is entitled to significant weight.’”27 Since counsel for both parties 

have extensive experience, their positive outlook toward the fairness of the 

settlement favors approving it.

28 Class Counsel, who have extensive class action 

litigation experience, thoroughly analyzed the facts and law and concluded that the

settlement is in the best interest of the Class. Plaintiff also participated actively in 

the mediations and fully supports the settlement. 

In particular, UPS’s contracts attempt to impose upon shippers a 180-day 

notice period for making claims such as those alleged in Plaintiff’s Amended 

Complaint. Despite this temporal restriction, the Parties’ settlement includes 

shipments dating all the way back to January 1, 2011—almost 2 1⁄2 extra years.

29

27 Coulter-Owens v. Rodale, No. 14-12688, 2016 U.S. Dist. LEXIS 134234, at *10 

(E.D. Mich. Sept. 29, 2016) (quoting Sheick v. Automotive Component Carrier 

LLC, No. 2:09-cv-14429, 2010 U.S. Dist. LEXIS 110411, 2010 WL 4136958, at 

*19 (E.D. Mich. Oct. 18, 2010)).

28 Déjà Vu, 925 F.3d at 899 (“counsel representing both parties had extensive 

experience, which supports the District Court’s finding that counsels’ positive 

outlook towards the fairness of the settlement weighed in favor of approving the 

Settlement Agreement.”). 

29 In exchange for the ability to claim all the way back to January 1, 2011, claims 

of Class Members (i.e., those who shipped Covered Packages after January 1, 

2011) for shipments before that date are released. Because UPS naturally desired 

release of all potential claims of Class Members who are receiving notice and 

consideration under the Settlement, was willing to pay additional aggregate 

consideration for release of Class Members’ shipments before January 1, 2011, and 

lacked reasonably available data to fully identify shipments before that date, this 

feature maximizes Class Members’ recovery while achieving resolution of the 

Litigation. Potential claims of shippers who only shipped before January 1, 2011 

(and who therefore do not fall within the class definition), are not released.

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In recognition of UPS’s temporal restriction, and the relative strength of 

claims that occurred within 180 days of the filing of Plaintiff’s original Complaint, 

the Parties’ settlement-distribution formula embraces a thoughtful point system 

that ensures fairness to all Class Members. For every package with a declared 

value in excess of $200 for shippers subject to Retail Rates or in excess of $300 for 

shippers not subject to Retail Rates (“Covered Package”) between July 1, 2013, 

and December 29, 2013 (within180 days of Plaintiff’s original complaint), each 

Covered Package is entitled to two claim points. For every Covered Package 

shipped between January 1, 2011, and June 30, 2013 (the extra almost 2 1⁄2 years), 

each Covered Package is entitled to one claim point.30

Within 10 days of the Effective Date, the Settlement Administrator will 

divide the Net Settlement Fund by the total number of claim points calculated 

under the preceding paragraph to determine the value of one claim point (“Claim 

Point Value”). Each Class Member will then be entitled to a share of the Net 

Settlement Fund equal to the number of claim points they have accrued multiplied 

by the Claim Point Value. 

30 For the period from January 1, 2011, to December 31, 2012, because UPS’s 

records reflect the total number of packages with declared value without regard to 

whether declared value charge exceeds the minimum charge, the Settlement 

Administrator will use an estimate of the percentage of declared value packages 

with charges over the minimum charge to arrive at the number of Covered 

Packages.

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This approach recognizes the relative strength of Class Members’ claims and 

provides compensation for Class Members whose shipments fall outside 180 days 

of the date Plaintiff filed its original Complaint, while allocating appropriately 

greater compensation for Covered Shipments within the 180-day window. 

6. The Settlement is fair to Absent Class Members.

“This factor assesses whether the proposed settlement[] ‘appears to be the 

result of arm’s length negotiations between the parties and fairly resolves all 

claims which were or could have been asserted.’”31 Experienced counsel is also 

“an essential check on the process, safeguarding the rights of absent class 

members.”32

All Approved Claimants will receive a pro rata portion of the Net 

Settlement Fund. Amended Class Action Settlement at 11 (ECF 144, Page ID. 

3104). The settlement is even-handed and does not favor Plaintiff who receives in 

the same manner as all other Class Members.

33 The “‘absent class members have 

not lost out in favor of [the] attorney and named class members.’”34 The Class 

31 In re Delphi Corp. Sec., 248 F.R.D. at 498 (quoting In re Rio Hair Naturalizer 

Prods. Liab. Litig., MDL No. 1055, 1996 U.S. Dist. LEXIS 20440, at *42 (E.D. 

Mich. Dec. 20, 1996)). 

32 UAW, 497 F.3d at 626. 

33 See Pelzer v. Vassalle, 655 Fed. Appx. 352 (6th Cir. 2016) (approving class 

settlement where release was restructured not to prevent absent class members 

from defending collection actions based on fraudulent affidavits).

34 IUE-CWA, 238 F.R.D. at 598 (quoting UAW, 2006 U.S. Dist. LEXIS 14890, at 

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Members are similarly situated and cohesive,35 and “[t]he claims of the Class 

Representative[] are treated no differently under the Settlement Agreement from 

the claims of any other Class Member.”36 

7. The Settlement serves the public interest. 

“Courts have held that ‘there is a strong public interest in encouraging 

settlement of complex litigation and class action suits because they are ‘notoriously 

difficult and unpredictable’ and settlement conserves judicial resources.’”37 The 

public’s interest is served “‘by conserving the resources of the parties and the court

. . ..’”38 

Not only will this settlement prevent prolonged litigation and conserve 

judicial resources, but also it will provide ongoing public benefits. The injunctive 

relief will reduce the prospect of consumer confusion.39 Also, credits not applied 

within 45 days of issuance and checks uncashed after 90 days (“Unused Class 

*60).

35 Id. (citing Heit v. Van Ochten, 126 F. Supp. 2d 487, 490–91 (W.D. Mich. 2001) 

(other citations omitted).

36 UAW v. GMC, No. 05-CV-73991-DT, 2006 U.S. Dist. LEXIS 14890, at *66 

(E.D. Mich. Mar. 31, 2006) (Cleland, J.). 

37 Déjà vu, 925 F.3d at 899 (quoting Cardizem, 218 F.R.D. at 532).

38 IUE-CWA, 238 F.R.D. at 599 (quoting UAW, 2006 U.S. Dist. LEXIS 14890, at 

*67 (quoting In re Cardizem, 218 F.R.D. at 530)).

39 Because UPS is regarded as a leading shipping and supply chain management

company, Class Counsel anticipates that other carriers might similarly clarify their 

pricing terms, providing a beneficial ripple effect.

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Funds”) will be donated cy pres to the National Consumer Law Center, a § 

501(c)(3) nonprofit public interest law firm engaged in the education, training, and 

promotion of consumer protection law or such other suitable non-profit 

organization as recommended by Class Counsel and approved by the Court. In the 

absence of any approved cy pres award, Unused Class Funds shall be redistributed 

to or on behalf of Class Members as directed by the Court.

40 

D. The Settlement satisfies Rule 23. 

1. Numerosity is established. 

The class consists of 2,151,648 Class Members based on information 

provided by UPS and the Settlement Administrator’s calculation. Azari Decl. ¶ 8, 

Exhibit 2, attached. Thus, per Rule 23(a)(1), the class is “‘so numerous that joinder 

of all members is impracticable.’”41

2. Class claims present common issues of law or fact. 

Under Rule 23(a)(2), commonality “‘simply requires a common question of 

law or fact.’”42 A single common question of law or fact will suffice.

43 The 

40 Detailed information regarding the NCLC was submitted at the preliminary 

approval phase. 

41 IUE-CWA, 238 F.R.D. at 591 (quoting Fed.R.Civ.P. 23(a)(1)).

42 Id. (quoting Reese v. CNH Am. LLC, 227 F.R.D. 483, 486 (E.D. Mich. 2005)

(other citations omitted)).

43 Id.; See also Powers v. Hamilton Cnty. Public Defender Comm’n, 501 F.3d 592, 

619 (6th Cir. 2007) Reese v. CNH Am. LLC, 227 F.R.D. 483, 487 (E.D. Mich. 

2005).

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24 

commonality inquiry “focuses on whether a class action will generate common 

answers that are likely to drive resolution of the lawsuit.”44 

This breach-of-contract action focuses on standard pricing tables applicable 

to all Class Members. Whether Defendant breached the terms contained in this 

tables presents a common question capable of a common answer that will drive this 

lawsuit’s resolution.45

3. Plaintiff’s claims are typical of Class Members’ claims. 

Rule 23(a)(3) requires that “the claims or defenses of the representative 

parties [be] typical of the claims or defenses of the class.” “Like commonality, the 

typicality requirement is not onerous, and is satisfied if there is a strong similarity 

of legal theories, ‘even if substantial factual distinctions exist between the named 

and unnamed class members.’”46 “[A] plaintiff’s claim is typical if it arises from 

44 In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig., 722 F.3d 838, 

852 (6th Cir. 2013); Gradisher v. Check Enforcement Unit, Inc., 203 F.R.D. 271, 

277 (W.D. Mich. 2001) (“The commonality requirement is generally met where 

the defendant has engaged in standardized conduct towards members of the 

proposed class by mailing to them allegedly illegal form letters or documents.”).

45 See, e.g., Hicks v. State Farm Fire & Cas. Co., 965 F.3d 452, 458 (2020) (“To

satisfy commonality, Plaintiff’s ‘claims must depend on a common contention . . . 

of such a nature that it is capable of classwide resolution—which means that

determination of its truth or falsity will resolve an issue that is central to the

validity of each one of the claims in one stroke.’” (quoting Young v. Nationwide

Mut. Ins. Co., 693 F.3d 532, 542 (6th Cir. 2012)); Whirlpool, 722 F.3d at 850

(“[T]here need be only one common question to certify a class.”).

46 IUE-CWA, 238 F.R.D. at 592 (quoting Rankin v. Rots, 220 F.R.D. 511, 518

(E.D. Mich. 2004)). 

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the same event or practice or course of conduct that gives rise to the claims of 

other class members, and if his or her claims are based on the same legal theory.”47 

Here, Plaintiff’s claims arise out the same pricing tables that affected all

Class Members. The typicality requirement also focuses on the type of injury 

suffered by the Class and the interests of Class Members.

48 BleachTech and Class

Members are all seeking money damages and injunctive relief. 

4. Plaintiff and Class Counsel are adequate.

Rule 23(a)(4) requires that “the representative parties will fairly and 

adequately protect the interests of the class.” This means “1) the representative 

must have common interests with unnamed members of the class, and 2) it must 

appear that the representatives will vigorously prosecute the interests of the class 

through qualified counsel.”49 Plaintiff’s interests are consistent with, and not 

antagonistic to, the interests of the class. Plaintiff’s active pursuit of this matter 

over eight years of litigation and three appeals and participation in deposition and 

documentary discovery and mediation demonstrates it has been an engaged

representative. 

To test the adequacy of class counsel, “the court must consider: 1) the work 

47 Id. (quoting In re Am. Med. Sys., 75 F.3d at 1082 (footnote and quotation 

omitted)). 

48 See id. at 592.

49 Id. at 592 (quoting Senter v. General Motors Corp., 532 F.2d 511, 525 (6th Cir. 

1976) (other citations omitted)).

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counsel has done in identifying or investigating potential claims in the action, 2) 

counsel’s experience in handling class actions, other complex litigation, and claims 

of the type asserted in the action, 3) counsel’s knowledge of the applicable law, 

and 4) the resources counsel will commit to representing the class.”50 Class 

Counsel have extensive experience in complex class action litigation. See Class 

Counsels’ Declarations, Plaintiff’s Motion for Award of Attorneys’ Fees, Approval 

of Service Award, and for Reimbursement of Expenses Exhibits 1, 2, & 3 (filed 

contemporaneously with this Motion and incorporated herein by this reference), 

and have zealously represented Plaintiff and the Class. 

5. The Rule 23(b) factors are satisfied. 

Rule 23(b)(3) requires that “common questions will predominate over 

individual ones.”51 “To meet the predominance requirement, a plaintiff must 

establish that issues subject to generalized proof and applicable to the class as a 

whole predominate over those issues that are subject to only individualized 

proof.’”52 “‘[T]he fact that a defense may arise and may affect different class 

members differently does not compel a finding that individual issues predominate 

50 Id. (citing Fed.R.Civ.P. 23(g)(1)(C)).

51 Hicks, 965 F.3d at 459 (emphasis in original) (citing Young v. Nationwide Mut. 

Ins. Co., 693 F.3d 532, 544 (6th Cir. 2012)).

52 Id. at 459–60 (quoting Young, 693 F.3d at 544 (quoting Randleman v. Fid. Nat. 

Title Ins. Co., 646 F.3d 347, 352–53 (6th Cir. 2011)).

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27 

over common ones.’”53

Class Members shipped packages with Defendant—and paid for shipment of 

these packages—according to Defendant’s pricing tables, such that adjudicating 

the merits of Plaintiff’s claim would similarly resolve all Class Members’ identical

claims. This shared fact and Plaintiff’s allegations thereupon, which fact and 

allegations are germane to Plaintiff’s and Class Members’ claims, fuel Plaintiff’s 

lawsuit and predominate over any arguably individualized facts that might affect 

Class Members.54

Also, for a Rule 23(b)(3) class to be certified, a class action must be “a 

superior way to resolve the controversy.”55 “‘The policy at the very core of the 

class-action mechanism is to overcome the problem that small recoveries do not 

provide the incentive for any individual to bring a solo action prosecuting his or 

her rights.’”56 Courts “look to the purpose of class-action litigation. ‘Where it is 

not economically feasible to obtain relief within the traditional framework of a 

multiplicity of small individual suits for damages, aggrieved persons may be 

53 Id. at 460 (quoting Young, 693 F.3d at 544 (quoting Beattie v. CenturyTel. Inc., 

511 F.3d 554, 564 (6th Cir. 2007))).

54 See, e.g., Klay v. Humana, Inc., 382 F.3d 1241, 1263 (11th Cir. 2004) (“A 

breach is a breach is a breach, whether you are on the sunny shores of California or 

enjoying a sweet autumn breeze in New Jersey.”).

55 Hicks, 965 F.3d at 463.

56 Id. at 463 (quoting Young, 693 F.3d at 545 (quoting Amchem Prods. v. Windsor, 

521 U.S. at 591, 617 (1997))). 

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without any effective redress unless they may employ the class-action device.’”57

Thus, “[c]ases alleging a single course of wrongful conduct are particularly wellsuited to class certification.’”58 

Courts consider the (i) alternatives to a class action, 59 and whether members 

have an interest in controlling their own cases; and (ii) whether the case will be 

manageable as a class. But in the settlement context, the proponent of the class 

need not establish manageability because it is proposed that there be no trial.

60

Here, the damages attributable to Defendant’s alleged overcharges are so small on 

an individual basis so as not to justify the expense of individual litigation.61 

Class Members have shown no interest in controlling their individual cases, 

which is unsurprising considering the size of individual claims and the time and 

expense involved in adjudicating them. That Class Members have not individually 

pursued their claims underscores the efficiency of class litigation in this dispute. 

Indeed, this settlement achieves a large percentage of what Class Members might

57 Id. at 465 (quoting Young, 693 F.3d at 545 (quoting Deposit Guar. Nat’l Bank v. 

Roper, 445 U.S. 326, 339 (1980))).

58 Id. at 465 (quoting Young, at 545 (quoting Power v. Hamilton Cty. Pub. 

Defender Comm’n, 501 F.3d 592, 619 (6th Cir. 2007))).

59 Id. (“The alternative to adjudicating this case as a class action is for the Court to 

handle thousands, perhaps tens of thousands, of individual cases.”).

60 Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 620 (1997). 

61 Geary v. Green Tree Servicing, LLC, No. 2:14-CV-00522, 2017 U.S. Dist.

LEXIS 93000, at * 27 (S.D. Ohio June 17, 2017) (“The reality is that few 

individual plaintiffs would sue or receive any redress at all in individual actions.”).

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29 

have achieved with their own time and money. 62

6. The notice was reasonable. 

Federal Rule of Civil Procedure 23(e)(2) requires that notice is directed in a 

reasonable manner to all class members that would be bound by the settlement. 

Additionally, notice must comport with due process by being “reasonably calculated 

to reach interested parties.”63 Further, Rule 23(c) necessitates that notice is provided 

to the class regarding “the nature of the action; the definition of the class certified; 

the class claims, issues, or defenses; information on how a class member can enter 

an appearance with their lawyer; information on how class members can opt into or 

out of the settlement; and the binding effect of the settlement agreement.”64

The Settlement Administrator projects that the Court-approved Notice 

Program reached approximately 90 percent of the Class. Exhibit 2 at ¶ 7. This 

reach was enhanced by internet banner advertising, which is ongoing, and a 

Settlement website, which is live. Id. ¶¶ 16-18.

Of the 2,151,648 Class Members for whom UPS supplied valid contact 

information to the Settlement Administrator, 429,453 Class Members had one or 

more valid email addresses. Id. at ¶ 8. They received, via industry standard best 

practices, email notice from the Settlement Administrator, which totaled 883,807 

62 Of course, dissatisfied Class Members may opt out.

63 Karkoukli’s, Inc. v. Dohany, 409 F.3d 279, 283 (6th Cir. 2005). 

64 Fed. R. Civ. P. 23(c)(2)(B)(i)–(vii) . 

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emails. Exhibit 2 at ¶¶ 8-12. Another 1,654,012 identified Class Members had a 

valid mailing address; they received Postcard Notice, via USPS first class mail,

from the Settlement Administrator. Id. at ¶¶ 13-15. 

Also, on August 30, 2021, the Settlement Administrator served notice on the 

appropriate federal and state officials as required by the Class Action Fairness Act.

65

Id. at ¶ 24. 

The Settlement Administrator also established a dedicated settlement 

website with an easy to remember domain name: 

www.UPSDeclaredValueSettlement.com. Id. at ¶ 19. As of May 13, 2022, there 

have been 5,151 unique visitor sessions to the Settlement Website and 7,365 

website pages presented. Id. 

Finally, the Settlement Administrator established a toll-free telephone 

number, 866-991-0730, to allow Class Members to obtain additional information, 

listen to FAQs, request Notice be mailed, and during normal business hours speak 

to a service agent. Id. at ¶ 20. As of May 13, 2022, there have been 221 calls to the 

toll-free telephone number representing 1,668 minutes of use and service agents 

have handled 114 incoming calls to the toll-free telephone number representing 

1,628 minutes of use. Id. at ¶ 21. 

65 28 U.S.C. § 1715(b). See also Proof of Compliance with the Notice 

Requirements of The Class Action Fairness Act 2005 on behalf of Defendant. 

Exhibit 2-5. 

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The notice is easily understandable to the average class member and 

adequately explains the terms of the Settlement and putative class members’ 

options about opting out. And importantly, the settlement involved no claim form, 

meaning Class Members need do nothing to receive their class relief.66 This notice 

process was reasonable and adequate under the circumstances presented.67

7. Negligible opt-outs have occurred, and no Class 

Members have yet objected. 

To date, the Settlement Administrator has received no opt-outs or objections, 

Exhibit 2 at ¶ 23, and only two weeks remain for Class Members to do so. Class 

Counsel will advise the Court on final numbers following the May 30, 2022, filing 

deadline via supplemental a filing. 

66 Cf. Garner, 2020 U.S. Dist. LEXIS 146655 at *20–21 (granting final approval to 

settlement that involved claim form requiring modest responses from class 

members). 

67 See, e.g., Garner, 2020 U.S. Dist. LEXIS at 21 (finding similarly understandable 

and disseminated notice adequate); Thacker v. Chesapeake Appalachia, LLC, 695 

F. Supp. 2d 521, 526 (E.D. Ky. 2010) (concluding the notice process was adequate 

under Fed. R. Civ. P. 23 and the standards for due process).

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CONCLUSION

For the foregoing reasons, Plaintiff asks that this Court grant its Unopposed 

Motion for Final Approval of Class Settlement.

Dated: May 16, 2022 Respectfully submitted,

Andrew J. McGuinness (P42074)

ANDREW J. MCGUINNESS, ESQ.

122 S Main St., Suite 118

P.O. Box 7711

Ann Arbor, MI 48107

Phone: (734) 274-9374

drewmcg@topclasslaw.com

Daniel R. Karon (admitted)

Beau D. Hollowell

KARON LLC

700 W St Clair Ave, Suite 200

Cleveland, OH 44113

Phone: (216) 622-1851

dkaron@karonllc.com 

bhollowell@karonllc.com

Sanford P. Dumain (admitted)

MILBERG COLEMAN BRYSON PHILLIPS 

GROSSMAN PLLP

One Pennsylvania Plaza, Suite 1920

New York, NY 10119 

Phone: (212) 594-5300

sdumain@milberg.com

Class Counsel

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CERTIFICATE OF SERVICE

The undersigned, an attorney, hereby certifies that on the above date a copy 

of the foregoing was filed with the Court using the ECF system, which will send 

notification to all parties who have appeared through their attorneys of record.

s/Andrew J. McGuinness

Andrew J. McGuinness

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EXHIBIT 1

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3369 Filed 05/16/22 Page 41 of 173
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH L.L.C., on behalf of itself

and all others similarly situated,

Plaintiff,

vs.

UNITED PARCEL SERVICE, INC., an Ohio 

Corporation,

Defendant.

Case No. 2:14-cv-12719

Hon. Denise Page Hood

CLASS ACTION

AMENDED CLASS ACTION SETTLEMENT AGREEMENT

This Amended Class Action Settlement Agreement (“Settlement Agreement” or 

“Agreement”) is entered into, subject to approval of the Court and entry of final judgment, 

between Plaintiff BleachTech L.L.C. (“Plaintiff” or “BleachTech”), individually and as Class 

Representative of the Class, as defined below, and Defendant United Parcel Service, Inc., an 

Ohio corporation (“Defendant,” or “UPS”). Plaintiff and Defendant are, at times, individually 

referred to herein as a “Party” and collectively as the “Parties.”

RECITALS

A. On July 11, 2014, plaintiffs Joe Solo and BleachTech filed a putative class action 

complaint against UPS in the United States District Court for the Eastern District of Michigan, 

Case No. 2:14-cv-12719 (the “Litigation”). On December 30, 2020, with leave of Court, 

BleachTech filed an Amended Complaint (hereinafter, the “Complaint”). The Complaint 

excluded Joe Solo as a party, and Mr. Solo is not party to this Agreement.

B. This Agreement is to settle the Litigation on behalf of a class of persons described 

below and contemplates the preliminary and final certification of a Settlement Class, as defined 

below, by the Court. As used in this Agreement, “Class Counsel” refers to Andrew J. 

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McGuinness, Daniel R. Karon, and Sanford P. Dumain, each of whom represent Plaintiff and 

seek interim and final appointment by the Court as Class Counsel on behalf of the Settlement 

Class contemplated hereby.

C. The Complaint alleges that Defendant has breached its contract(s) with Plaintiff 

and Class Members, and seeks compensatory, declaratory, and injunctive relief. Defendant 

denies that it committed any wrongdoing.

D. The Parties participated in three mediation sessions before the Hon. Gerald E. 

Rosen (Ret.), on June 27, 2018; June 26, 2020; and September 1, 2020. At the third session, the 

Parties reached an agreement in principle to settle the Litigation on the terms set forth in this 

Agreement.

NOW, THEREFORE, the Parties, in consideration of the promises, covenants, and 

agreements herein described, and for other good and valuable consideration acknowledged by 

each of them to be satisfactory and adequate, and intending to be legally bound, do hereby 

mutually agree as follows:

1. RECITALS AND DEFINITIONS

1.1 Recitals. The recitals set forth above are incorporated by reference and are 

explicitly made part of this Agreement.

1.2 Definitions. As used in this Agreement, capitalized terms shall have the meanings 

provided below and elsewhere in the Agreement:

(a) “Active Account” means a UPS six-character account number that has not been 

closed, either by the shipper, by UPS, or under UPS’s internal automatic account closure rules.

(b) “Cash Payment” means $4,850,000 (U.S.) less the Total Account Credits.

(c) “Class Counsel” has the meaning set forth in the Recitals.

(d) “Class Member” means a member of the Settlement Class, excluding members 

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3

who have timely filed valid Requests for Exclusion. “Putative Class Member” means a person 

who meets the definition of a member of the Settlement Class defined below, regardless whether 

such person has requested exclusion from the Class or whether the Class has been certified.

(e) “Class Representative” means BleachTech.

(f) “Covered Packages” means packages described in the Settlement Class (defined 

below).

(g) “Days” means calendar days.

(h) “Effective Date” means the later of:

i. Thirty-seven (37) Days after the entry of the Judgment or the entry of the 

Court’s order on attorneys’ fees and costs, whichever occurs later, where the time for appeal has 

expired and no appeal has been filed; or 

ii. If any appeal, petition for rehearing, motion to reconsider, or other review 

of the Judgment has been filed or sought, thirty-seven (37) Days after the Judgment is affirmed 

without substantial or material change, or the appeal is dismissed or otherwise disposed of

(unless any such substantial or material change is accepted by the Parties), and no other appeal, 

petition for rehearing or other review is pending, and the time for further appeals, petitions, 

requests for rehearing or other review has expired; or

iii. If any appeal, petition for rehearing, motion to reconsider, or other review 

of the Court’s order on attorneys’ fees and costs has been filed or sought, thirty-seven (37) Days 

after the Court’s order on attorneys’ fees and costs is resolved, or the appeal is resolved, 

dismissed or otherwise disposed of and no other appeal, petition for rehearing or other review is 

pending, and the time for further appeals, petitions, requests for rehearing or other review has 

expired.

(i) “Final Approval Hearing” means the hearing pursuant to Federal Rule of Civil 

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Procedure 23(e)(2), at or after which the Court shall:

(i) determine whether to grant final approval of the Settlement;

(ii) consider any objections to this Settlement and all responses thereto; and

(iii) consider Class Counsel’s requests for an award of attorneys’ fees, costs 

and expenses, and Service Awards.

(j) “Judgment” shall mean the order, substantially in the form of the attached 

Exhibit A, finally approving the Settlement, entering judgment in favor of Plaintiff and the Class, 

and entering any injunctive relief.

(k) “Long Form Notice” means the Notice of Proposed Settlement of Class Action 

that will be published on the Settlement Website established by the Settlement Administrator and 

to be emailed or mailed to Class Members upon request, substantially in the form attached as 

Exhibit B.

(l) “Net Settlement Fund” shall mean $4,850,000 less any Court-approved

(1) Service Award to the Class Representative; (2) Court-approved attorneys’ fees plus Class 

Counsel’s expenses incurred in this litigation; and (3) fifty percent of Notice and Administration 

Expenses.

(m) “Notice” shall mean, collectively, the communications by which Class Members 

are sought to be notified of the Settlement and of the Court’s Preliminary Approval of the

Settlement, including any instructions for submitting Requests for Exclusion. 

(n) “Notice and Administration Expenses” means expenses to send notice and 

administer the Settlement as contemplated by the Agreement.

(o) The “Notice Date” shall be thirty (30) Days after entry of the Preliminary 

Approval Order. The Settlement Administrator shall complete emailing a Short Form Notice for 

Putative Class Members with valid email contact information, or mail the Postcard Notice to 

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Putative Class Members without a known email address, based on a list of last known mail 

addresses supplied by UPS as may be updated by the Settlement Administrator, by the Notice 

Date. The Settlement Administrator shall cause the Publication Notice to be published by the 

Notice Date. The Notice Date may be delayed by the Court for good cause shown.

(p) “Opt Out” means a Putative Class Member who validly submits a timely Request 

for Exclusion as provided in this Agreement and in the Long Form Notice.

(q) “Party” and “Parties” shall have the meaning set forth in the introductory 

paragraph of this Agreement.

(r) “Person(s)” shall mean any natural person, individual, corporation, association, 

partnership, limited liability company, trust, or any other type of legal entity.

(s) “Plaintiff” shall have the meaning set forth in the introductory paragraph of this 

Agreement.

(t) “Postcard Notice” means a Short Form Notice via postcard substantially in the 

form of Exhibit C attached hereto. The Settlement Administrator will mail the Postcard Notice 

by United States Mail, First Class postage prepaid, to the last known physical address of all Class 

Members without a valid email address, using last known mailing addresses or mailing addresses 

as updated by the Settlement Administrator.

(u) “Publication Notice” shall be one or more banner ads in a form similar to 

Exhibit D attached, to be published online as described in Section 8.3 as recommended by the 

Settlement Administrator reasonably to notify Putative Class Members without Active Accounts 

for whom UPS lacks known email or mailing addresses.

(v) “Preliminary Approval” or “Preliminary Approval Order” shall mean the Court’s 

entry of an order directing that Notice be given pursuant to Federal Rule of Civil 

Procedure 23(e)(1), i.e., upon a finding that giving notice is justified by the Parties’ showing that 

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the Court will likely be able to (i) approve this proposed Settlement under Rule 23(e)(2); and

(ii) certify the class for purposes of judgment on the proposal, and shall be substantially in the 

form of Exhibit E attached hereto.

(w) “Released Claims” shall have the meaning set forth in Section 13.1 of this 

Agreement.

(x) “Released Parties” shall mean UPS and each of its past or present employees, 

agents, officers, directors, shareholders, insurers, attorneys, advisors, consultants, 

representatives, parents, subsidiaries, affiliates, joint venturers, and divisions, and each of their 

predecessors, successors, heirs, and assigns.

(y) “Releasing Parties” shall mean Plaintiff and Class Representative, for and on 

behalf of itself, each Class Member, and their respective heirs, executors, administrators, 

representatives, agents, partners, successors, and assigns.

(z) “Request for Exclusion” shall mean a request to be excluded from the Settlement 

Class, submitted in accordance with the terms and conditions of this Settlement Agreement and 

the instructions provided in the Long Form Notice.

(aa) “Service Award” shall mean any cash award to be paid to the Class 

Representative for its effort in litigating and settling this Litigation for the Settlement Class.

(bb) “Settlement” means the class settlement contemplated by this Agreement, in 

substantial compliance with the terms hereof, including any mutually agreeable amendment 

written and signed by the Parties or any modification mandated by the Court to which the Parties 

jointly agree.

(cc) “Settlement Administrator” means Epiq Class Action & Claims Solutions, Inc.

(dd) “Settlement Class” shall mean: 

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Except as excluded below, all persons or entities who, from January 1, 2011, 

through December 29, 2013 (the “Class Period”), tendered to UPS (or paying 

party if the package was billed to a different account than the shipper) one or 

more U.S. origin packages under contract with UPS with a declared value in 

excess of $300 charged pursuant to UPS’s published non-Retail rates or in excess 

of $200 charged pursuant to UPS’s published Retail rates.

Specifically excluded from the scope of the Class and the releases set forth in Section 13 of this 

Agreement are any packages with a declaration of value that was later voided, any packages 

shipped under an account of a The UPS Store location, and any packages shipped through any 

other Third-Party Retailer (as defined by the July 8, 2013 UPS Tariff/Terms and Conditions of 

Service – United States (attached as Exhibit A to the Amended Complaint)) to the extent the 

claim is asserted by a customer of such Third-Party Retailer, which packages will not be deemed 

Covered Packages. Also excluded is any entity in which Defendant has or had a controlling 

interest or which has a controlling interest in Defendant and all The UPS Store locations, and all 

other authorized UPS shipping agents and partners, including authorized outlets, to the extent 

that their packages were not shipped pursuant to a contract with UPS during the Class Period to 

purchase declared value coverage at the rates set forth in the pricing tables published in the 

applicable UPS Service Guide. Also excluded are UPS’s legal representatives, assigns, and 

successors; the Court and any member of its staff; and any Putative Class Member who timely 

submits a valid Request for Exclusion or is found by the Court to have adequately opted out of 

the Class.

(ee) “Settlement Common Fund” means the total cash consideration paid by 

Defendant and credits given as part of the Settlement, equal to $4,850,000 (U.S.), together with 

Defendant’s fifty percent share of the Notice and Administration Expenses.

(ff) “Settlement Website” means the website established by the Settlement

Administrator containing the Long Form Notice, electronic version of the Request for Exclusion 

form, and other pertinent information to facilitate the Settlement.

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(gg) “Short Form Notice” means the Important Notice About a Class Action that the 

Settlement Administrator will email to all Class Members for whom UPS has supplied an email 

address, substantially in the form attached as Exhibit C. The email Short Form Notice shall direct 

Class Members to the Settlement Website, where the full Long Form Notice including opt out 

instructions and electronic Request for Exclusion Form will be available.

(hh) “Total Account Credits” means the dollar amount of credits issued to Active 

Accounts. 

(ii) “Unused Class Funds” shall mean distribution checks issued to Class Members 

that remain uncashed past the checks’ ninety (90) day stale date.

1.3 Singular and Plural. Definitions used herein shall apply to the singular and the 

plural forms of each term defined.

1.4 Gender. Definitions used herein shall apply to the masculine, feminine, and neuter 

genders of each term defined.

1.5 Terms of Inclusion. Whenever the words “include,” “includes” or “including” are 

used in this Settlement Agreement, they shall not be limiting but rather shall be deemed to be 

followed by the words “without limitation.”

2. COOPERATION BY THE PARTIES

2.1 The Parties and their counsel agree to cooperate fully with each other and the 

Settlement Administrator to promptly execute all documents and take all steps necessary to 

effectuate the terms and conditions of this Settlement Agreement. The Parties and their counsel 

further agree to support the final approval of the Settlement Agreement, including against any 

objection thereto and any appeal of the Judgment.

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3. MONETARY CONSIDERATION TO THE CLASS

3.1 In exchange for the terms and conditions set forth in this Settlement Agreement, 

including without limitation the releases set forth in Section 13 below, Defendant will provide 

the following monetary consideration:

3.1.1 Settlement Common Fund. Defendant shall cause $700,000.00 (U.S.) of 

the Cash Payment to be made in immediately available funds into an interest-bearing Qualified 

Settlement Fund account established by the Settlement Administrator for the benefit of the 

Settlement Class within fifteen (15) Days of Preliminary Approval of the Settlement. Within 

ten (10) days of the Effective Date, Defendant shall cause the amount approved by the Court for 

attorneys’ fees and expenses and the Service Award to be paid into the Qualified Settlement 

Fund. Defendant shall provide an estimate of Total Account Credits to the Settlement 

Administrator as soon as practicable after the Settlement Administrator calculates the Claim 

Point Value. Based on this estimate, Defendant shall cause the estimated remainder of the Cash 

Payment ($4,850,000 (U.S.) less the amounts previously paid to the Qualified Settlement Fund 

under this Section and less estimated Total Account Credits) to be paid into the Qualified 

Settlement Fund within thirty (30) days of the Effective Date. To the extent Defendant is unable 

to issue all estimated Total Account Credits (e.g., because an account was cancelled after 

estimate of Total Account Credits), it shall make an additional payment into the Qualified 

Settlement Fund in the amount of such un-issued credits within ten days of the certification of 

Total Account Credits pursuant to Section 3.2.5 below. Additionally, Defendant shall pay fifty 

percent (50%) of all valid invoices for Settlement administration, including notice costs, issued 

by the Settlement Administrator.

3.2 Distribution of the Net Settlement Fund. This is a non-reversionary common fund 

settlement, whose net proceeds are to be distributed by the Settlement Administrator and UPS to 

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Class Members. The Net Settlement Fund shall be distributed on a per claim point basis

according to the formula in Sections 3.2.1-3.2.3 of this Agreement. Claims forms are not 

required; however, Class Members may be required reasonably to (1) attest to the number of 

Covered Packages they sent between January 1, 2011 and June 30, 2013, or (2) verify their 

identity and payment information at the request of the Settlement Administrator if UPS’s records 

are not sufficient to verify same. 

3.2.1 For every U.S. origin package shipped under contract with UPS with a 

declared value in excess of $300 charged pursuant to UPS’s published non-Retail rates or in 

excess of $200 charged pursuant to UPS’s published Retail rates (“Covered Package”) between 

July 1, 2013, and December 29, 2013, each Covered Package will be entitled to two (2) claim 

points. Covered Packages shipped during this period shall be determined by reference to UPS 

records.

3.2.2 For every Covered Package shipped between January 1, 2011, and 

June 30, 2013, each Covered Package will be entitled to one (1) claim point. Covered Packages

shipped during this period shall be determined by reference to UPS records. For the period from 

January 1, 2011 to December 31, 2012, because UPS records reflect total number of packages 

with declared value (without regard to whether declared value charge exceeds the minimum 

charge), the Settlement Administrator will use an estimate of the percentage of declared value 

packages with charges over the minimum charge to arrive at the number of Covered Packages.

3.2.3 Within ten (10) Days of the Effective Date, the Settlement Administrator 

shall divide the Net Settlement Fund by the total number of claim points calculated under 

Sections 3.2.1 and 3.2.2 above to determine the value of one claim point (“Claim Point Value”). 

Each Class Member will be entitled to a share of the Net Settlement Fund equal to the number of 

claim points that Class Member is entitled to multiplied by the Claim Point Value. 

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3.2.4 Class Members shall receive their per claim point distribution of the Net 

Settlement Fund via account credit if they have Active Accounts with UPS. These account 

credits (the “Total Account Credits”) will be issued by UPS no later than forty-five (45) Days 

after the Effective Date. As to Class Members who do not use their credits, UPS will attempt to 

locate the Class Member and pay the unused credits in accordance with UPS’s regular business 

practices as to credit balances in inactive accounts. UPS will in no event retain such unused 

credits.

3.2.5 UPS shall document by amount and Class Member each account credit 

issued, and certify under oath or declaration subject to penalty of perjury the total amount of 

such credits within ten (10) Days of issuing such credits. 

3.2.6 For Class Members who do not have Active Accounts, the Settlement

Administrator shall mail checks to each such Class Member with the per claim point distribution 

within sixty (60) Days of the Effective Date or receipt of the mailing addresses from UPS, 

whichever comes later. Distribution checks will be good for ninety (90) Days after the date on 

the check.

3.2.7 Distribution checks uncashed after ninety (90) Days, shall constitute 

“Unused Class Funds.” Unused Class Funds will be donated to the National Consumer Law 

Center, a § 501(c)(3) non-profit public interest law firm engaged in the education, training, and 

promotion of consumer protection law, as cy pres award, or such other suitable non-profit 

organization as recommended by Class Counsel and approved by the Court. In the absence of 

any approved cy pres award, Unused Class Funds shall be redistributed to or on behalf of Class 

Members as directed by the Court.

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4. NON-MONETARY CONSIDERATION TO THE CLASS

4.1 In addition to the consideration described in Section 3 above, as part of this 

Settlement, UPS will also provide the following consideration (“Injunctive Relief”):

4.1.1 UPS represents that it has modified its published U.S. Rate and Service Guides to

include the following text in the “fee” column of its Declared Value for Carriage pricing tables: 

Without limiting the generality of the foregoing, the following example1 will be deemed 

compliant with the Injunctive Relief consideration obtained on behalf of Class Members as part 

of the Settlement:

1 All dollar figures—including without limitation the incremental declared value charge and 

minimum declared value charge—shown in this example are illustrative only, and not binding upon UPS 

as part of this Settlement Agreement.

– Value from $100.01 to $300.00 [fee in dollars]

– Value over $300.00, charge for each 

$100.00 (or portion of $100.00) of the 

total value declared (from $0.00 to total 

value declared)

[fee in dollars]

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4.1.2 The inclusion of the textual changes in the “fee” column of the UPS 

declared value pricing table above will be required for a period of three (3) years from the date of 

signing of this Agreement. UPS may in that period notify Class Counsel of a proposed change of 

the language or format of the language required by such Injunctive Relief to reflect changes in 

the law or a change in UPS’s business practices (including, for example, changes in the 

appearance or format of the U.S. Rate and Service Guide). Font or type size do not require 

advance notice; nor does a change to reflect a change in declared value pricing that does not 

assess a charge for the first increment of protection (currently $100). If Class Counsel notifies 

UPS Counsel within seven (7) Days of an objection to the proposed change, and the objection 

cannot be resolved amicably, UPS may seek leave of Court on shortened notice prior to its 

proposed modification(s), or, at UPS’s option and sole expense, any dispute regarding the 

proposed change shall be resolved through expedited mediation with the Hon. Gerald Rosen 

(Ret.) or other mediator mutually agreeable to the parties.

5. ATTORNEY FEES AND COSTS AND SERVICE AWARDS

5.1 Application for Attorneys’ Fees and Expenses and Service Awards for the 

Plaintiffs. Pursuant to the common fund doctrine and/or any applicable statutory fee provision

and consistent with this Agreement, Class Counsel will apply to the Court by motion for an 

award of attorneys’ fees not to exceed 33 1/3% of the Settlement Common Fund. Additionally, 

Class Counsel may apply to the Court for reimbursement of Class Counsel’s reasonable expenses

incurred throughout this Litigation. Class Counsel may also seek a Service Award of up to 

$5,000.00 for the Class Representative, and reimbursement of any Notice and Administration 

Expenses incurred by Plaintiff or Class Counsel. Each of these requests as approved by the Court 

shall be paid from the Settlement Common Fund. Attorneys’ fees and expenses awarded by the 

Court shall be allocated among Plaintiff’s attorneys in a manner that, in Class Counsel’s opinion, 

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fairly compensates them for their respective contributions to the progress of and results obtained 

in the Litigation. Defendant and its agents agree not to oppose the applications for attorneys’ fees 

or expenses, for Service Award, or Notice and Administration Expenses made in accordance 

with the term of this Agreement. 

5.2 The Parties agree that this Settlement Agreement is not contingent upon the 

Court’s approval or allowance of any specific attorneys’ fee award, reimbursement of expenses,

or the approval of any specific Service Award. In the event the Court approves the Settlement, 

but declines to award Class Counsel’s attorneys’ fees or costs in the amount requested by Class 

Counsel the Settlement Agreement will nevertheless be binding on the Parties to the extent 

permissible under applicable law.

5.3 Class Counsel and the Class Representative agree to provide the Settlement 

Administrator all identification information necessary to effectuate the payment of any fee award 

and Service Awards including, but not limited to, Taxpayer Identification Number(s), completed 

Internal Revenue Service Form W-9(s), and wire transfer information. 

5.4 UPS shall not be liable for any additional fees or expenses of the Class 

Representatives or any Class Member in connection with the Litigation beyond those 

contemplated in this Agreement. Class Counsel agree that they will not seek any additional fees 

or costs from UPS in connection with the Litigation or the Settlement of the Litigation beyond 

those contemplated in this Agreement, and will look only to the Settlement Common Fund for 

payment of their court costs, fees and expenses. UPS expressly agrees that it will not seek to 

recover its Court costs, attorneys’ fees, or expenses once the Court enters a dismissal of the 

Litigation.

5.5 Disbursement of Attorneys’ Fees and Expenses and Plaintiff’s Service Award. 

5.5.1 Class Counsel’s attorneys’ fees and expenses, as approved by the Court shall be 

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paid from the Settlement Common Fund to Class Counsel within twenty (20) days of the 

Effective Date.

5.5.2 Upon approval by the Court and pursuant to written directions from Class 

Counsel to the Settlement Administrator, any Service Award to the Class Representative 

shall be paid from the Settlement Common Fund within twenty (20) Days of the Effective 

Date. The Class Representative’s per claim point share of the Net Settlement Fund as 

Class Members shall be processed separately along with other Class Members.

6. PRELIMINARY APPROVAL OF SETTLEMENT AND CONDITIONAL 

CERTIFICATION OF SETTLEMENT CLASS

6.1 Class Counsel shall prepare the motion seeking a Preliminary Approval Order,

which Defendants shall not oppose so long as it reflects the terms of this Settlement Agreement. 

6.2 Without limitation, the Court shall be asked to approve the terms and conditions 

of this Settlement Agreement, the Notice to the Class, the method of Notice, the procedure for 

distributing the Net Settlement Fund, and to conditionally appoint the Class Representative and 

Class Counsel for the Settlement Class as part of its Preliminary Approval. The Parties stipulate 

and agree that, subject to Court approval and for purposes of the Agreement only, the Settlement 

Class defined above should be conditionally certified solely for purposes of the Settlement

embodied in this Agreement. 

7. SETTLEMENT ADMINISTRATOR

7.1 The Settlement Administrator will work without limitation to: (i) provide Notice 

to potential Class Members in the manner set forth in the Preliminary Approval Order; 

(ii) establish and maintain the Settlement Website; (iii) identify and obtain updated contact 

information for Putative Class Members as necessary; (iv) respond to queries from Putative 

Class Members; (v) confirm the issuance of credits and process payments to Class Members; and 

(vi) provide any necessary certifications to the Court concerning the administration and 

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processing of the Settlement. The Settlement Administrator will also be available to respond to 

inquiries from Class Counsel, counsel for Defendant, and the Court.

7.2 UPS shall, within ten (10) Days of entry of the Preliminary Approval Order (if not 

previously supplied), cause to be provided to the Settlement Administrator an Excel spreadsheet 

of the names and last known email addresses and mailing addresses of Putative Class Members

(“Class Member List”). The Settlement Administrator shall maintain the confidentiality of the 

Class Member List, Class Member account data, or other Class Member information and shall 

use the information contained in the Class Member List and other Class Member information 

solely for purposes of implementing this Settlement or as directed by the Court. 

7.3 The Settlement Administrator shall provide regular reports to Class Counsel and 

to counsel for Defendant regarding the status of the Settlement administration, including the 

updating of addresses, number of short form notices emailed and mailed, number of Requests for 

Exclusion, number of class members and Covered Packages identified, number and amounts of 

account credits and distribution checks, and the total dollar amount of cashed and uncashed 

checks.

7.4 The Settlement Administrator shall be paid for the work directed by the Court or 

contemplated by this Agreement and the Settlement, 50% paid directly by Defendant and 50% 

paid from the Settlement Common Fund. The Settlement Administrator shall withdraw 50% of 

its Notice and Administration Expenses from the Settlement Common Fund after and within 

twenty (20) Days of the Effective Date. 

7.5 The Settlement Administrator shall establish an interest-bearing Qualified 

Settlement Fund to receive and hold the Settlement Common Fund; to distribute attorneys’ fees, 

expense reimbursements, and Service Award as authorized by the Court; and to distribute the 

Net Settlement Fund (aside from account credits) in accordance with the terms of the Settlement 

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Agreement as finally approved by the Court.

8. NOTICE OF SETTLEMENT AND ADMINISTRATION OF CLAIMS

8.1 For all Class Members for whom UPS has supplied an email address, the 

Settlement Administrator shall send via email a Short Form Notice by the Notice Date. The 

email Short Form Notice shall direct Class Members to the Settlement Website, where the full 

Long Form Notice including opt out instructions will be available. 

8.2 For all Class Members without an email address on file with UPS, and for those 

Class Members whose Short Form Notice sent via email is returned as undeliverable, the 

Settlement Administrator shall send via United States Mail, First Class postage prepaid, a copy 

of the Postcard Notice by the Notice Date. The Postcard Notice shall direct Class Members to the

Settlement Website, where the full Long Form Notice including opt out instructions will be 

available. The Postcard Notice shall be sent to the last known addresses provided by UPS. For 

Class Members whose Postcard Notices are returned as undeliverable, the Settlement 

Administrator shall use commercially reasonable efforts to locate forwarding or updated 

addresses and re-send the Postcard Notice to such updated addresses.

8.3 The Settlement Administrator shall also implement, no later than the Notice Date,

an internet publication notice program through the Google Display Network for 30 days duration 

targeting at least 14 million impressions. The Publication Notice shall use banner advertisements 

substantially in the form of Exhibit D, attached. 

8.4 Defendant will bear responsibility for notifying the appropriate federal and state 

officials of this Settlement Agreement to the extent required by the Class Action Fairness Act of 

2005, 28 U.S.C. § 1715.

8.5 No later than fifteen (15) Days before the Final Approval Hearing, the Settlement 

Administrator shall provide to Class Counsel and counsel for Defendant the following 

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information:

(a) The number of email Short Form Notices sent to Putative Class Members 

by the Settlement Administrator;

(b) The number of Postcard Notices sent to Putative Class Members by the 

Settlement Administrator;

(c) The approximate number of visits to the Settlement Website from the date 

of entry of a Preliminary Approval Order;

(d) Any information about any objections to the Settlement that the Settlement 

Administrator has not previously forwarded; 

(e) A report stating the total number of Putative Class Members who have 

submitted timely and valid Requests for Exclusion, including a listing of the names and 

addresses of such Opt Outs and reporting the number of claim points allocated to the Putative 

Class Members who have submitted timely and valid Requests for Exclusion divided by the total 

claim points available to the Settlement Class, as calculated by the Settlement Administrator (the 

“Exclusion Percentage”); and

(f) Any other tracking information reasonably requested by Class Counsel or 

counsel for Defendant.

8.6 Class Counsel shall file with the Court the list of Opt Outs not later than seven (7) 

Days before the Final Approval Hearing. Class Counsel’s submission shall differentiate between 

the timely, valid Opt Outs and untimely or invalid Opt Outs as determined by the Settlement 

Administrator. 

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9. REQUESTS FOR EXCLUSION

9.1 Putative Class Members who wish to exclude themselves from the Class, the 

Settlement, its benefits, and from the release of claims pursuant to the Settlement must submit a 

Request for Exclusion. To be effective, a Request for Exclusion must be valid and timely. To be 

valid, a Request for Exclusion must: (a) identify the full name and address of the Putative Class 

Member requesting exclusion; (b) be dated and personally signed (original or electronic 

signatures accepted) by the Putative Class Member or responsible individual requesting 

exclusion, or by a person documented to be acting under valid power of attorney, guardianship, 

or other legal authority to sign on behalf of the Putative Class member or his estate; and 

(c) contain a statement that reasonably indicates a desire to be excluded from the Settlement. The 

following statement shall be deemed to meet the requirement of subpart (c) of the preceding 

sentence: “I want to opt out of the Settlement Class certified in the Bleachtech v. UPS case.” 

Additionally, the Request for Exclusion must provide EITHER the unique I.D. number(s)

contained in an email or contained on a postcard sent by the Settlement Administrator to the 

Putative Class Member OR the UPS account number(s) of such Putative Class Member. 

Requests for Exclusion that do not meet these requirements will not operate to exclude a Class 

member from the Settlement. Mass or class opt-outs will not be allowed.

9.2 To be timely, the Request for Exclusion must be emailed or postmarked no later 

than thirty (30) Days before the Final Approval Hearing (the “opt-out deadline”). If the opt-out 

deadline would otherwise fall on a Sunday or federal holiday, the opt-out deadline shall be the 

next day that is not a Sunday or federal holiday. The opt-out deadline shall be stated in the Short 

Form Notice, Postcard Notice, and in the Long Form Notice. Request for Exclusion Forms shall 

be available for download from the Settlement Website and, upon request by a Class Member, 

made available by the Settlement Administrator through First Class Mail. A Class Member who 

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submits a valid and timely Request for Exclusion is not eligible to receive any payment or credit 

under this Agreement.

9.3 The Settlement Administrator shall promptly log each Request for Exclusion that 

is received and shall forward copies of the log and all such Requests for Exclusion to Class 

Counsel and counsel for Defendant within fifteen (15) business days after the opt-out deadline. 

9.4 Within seven (7) business days after the opt-out deadline fixed for Putative Class 

Members to request exclusion from the Class, Class Counsel and counsel for Defendant shall 

forward to the Settlement Administrator copies of any Requests for Exclusion received by them.

9.5 UPS, at its sole discretion, has the right (but not the obligation) to terminate the 

Settlement Agreement if (1) the Exclusion Percentage amounts to 5% or more of the total claim 

points available to the Settlement Class, as calculated by the Settlement Administrator; and 

(2) UPS notifies Class Counsel in writing that it has elected to terminate the Settlement 

Agreement within seven (7) Days of notice of the Exclusion Percentage from the Settlement 

Administrator (after the opt-out deadline passes). If the Settlement Agreement is terminated, it 

will be deemed null, void, and unenforceable. 

10. OBJECTIONS

10.1 Class Members who do not request exclusion from the Class may object to the 

Settlement. Class Members who choose to object to the Settlement must file written notices of 

intent to object with the Court and serve copies of any such objection on counsel for the Parties, 

as set forth in more detail in below. Any Class Member who submits a valid objection may 

appear at the Final Approval Hearing in person, by video or audio feed if the Court so orders, or 

by counsel and be heard to the extent permitted under applicable law and allowed by the Court, 

concerning the fairness, reasonableness and adequacy of the Settlement, and on Class Counsel’s 

application for Service Award, of attorneys’ fees, and reimbursement of costs and expenses. The 

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right to object to the Settlement must be exercised individually by a Class Member and, except in 

the case of a deceased or incapacitated Class Member or where a Class Member is represented 

by counsel, not by another Person acting or purporting to act in a representative capacity.

10.2 To be considered valid, an objection must: (1) clearly identify the case name and 

number “BleachTech v. UPS, Case No. 2:14-cv-12719”; (2) be filed with the Court no later than 

thirty (30) Days before the Final Approval Hearing; (3) be postmarked and mailed to Class 

Counsel and Defendant’s Counsel at the addresses listed in the Long Form Notice no later than 

thirty (30) Days before the Final Approval Hearing (unless the Class Member filed an objection 

via the Court’s ECF system, such that copies will be transmitted electronically to these counsel);

(4) set forth the full name, current address, and telephone number, and the unique I.D. number 

assigned by the Settlement Administrator of the objecting Class Member; (5) set forth a 

statement of the position the Class Member wishes to assert, including the factual and legal 

grounds for the position; (6) state whether the Class Member intends to appear and requests to be 

heard, in person or through counsel, at the Final Approval Hearing, and set forth the names and a 

full summary of testimony of any witnesses that the Class Member might want to call in 

connection with the objection; (7) provide copies of all documents that the Class Member wishes 

to submit in support of his or her position; (8) provide the name(s), address(es) and phone 

number(s) of any attorney(s) representing the Class Member; (9) identify by case name, case 

number and court each class action settlements objected to by the Class Member and his or her 

counsel (if any) in the last three years; and (10) include the Class Member’s signature. If a Class 

Member, their counsel, or any person with whom they are working in bringing the objection has 

objected to a class action settlement on more than three occasions, the Class Member shall, 

(i) list all cases in which such objections were filed, and by whom; (ii) state the outcome of the 

objection; (iii) state the amount of money, if any, paid in connection with the objection to 

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objector, to their counsel, or to anyone else, including by whom such payment was made and 

whether it was disclosed to the court overseeing the proposed settlement. Only objections 

fulfilling these requirements will be deemed adequate.

10.3 Any Class Member who does not file a timely and adequate notice of intent to 

object in accordance with this section waives the right to object or to be heard at the Final 

Approval Hearing and shall be forever barred from making any objection to the Settlement. To 

the extent any Class Member objects to the Settlement, and such objection is overruled in whole 

or in part, such Class Member will be forever bound by the Judgment of the Court.

10.4 Counsel for the Parties may seek expedited leave from the Court to depose an 

objector prior to the scheduled Final Approval (Fairness) Hearing if such objector does not 

voluntarily agree thereto, and may request expedited production of information and things prior 

to the deposition of any nonprivileged matter that is relevant to the objection and proportionate 

to the needs of the case.

11. FINAL APPROVAL

11.1 If the Court preliminarily approves the Settlement Agreement, Class Counsel 

shall submit a motion for final approval of the Settlement by the Court, as well as a motion for 

attorneys’ fees, expenses, and any requested Service Award, at a date set by the Court, but no 

later than forth-five (45) Days before the Final Approval Hearing. The Parties may submit 

supplemental memoranda in support of the motions for final Settlement approval and for 

attorneys’ fees, expenses, and Service Awards at a date set by the Court, but no later than seven

(7) Days before the Final Approval Hearing.

11.2 The Notice to the Class shall contain a date, time, and location for the Final 

Approval Hearing to be conducted by the Court, subject to later change by the Court. The Parties 

shall jointly request the Court to set a Final Approval Hearing 75 Days from the date the Court 

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enters an order granting preliminary approval of the Settlement Agreement, but not before 100 

Days after Class Counsel files the Motion for Preliminary Approval of the Settlement.

11.3 If the Court finally approves the Settlement as fair, reasonable, and adequate, the 

Parties shall jointly ask the Court to enter a Judgment substantially in the form of Exhibit A, 

attached, which shall, inter alia:

(a) Certify the Settlement Class;

(b) Grant final approval to the Settlement Agreement as fair, reasonable, and 

adequate, in good faith and in the best interests of the Class, and order the Parties to carry 

out the provisions of this Settlement Agreement;

(c) Grant the Injunctive Relief set forth in this Settlement Agreement; and

(d) Reserve continuing jurisdiction by the Court to preside over any ongoing 

proceedings relating to this Settlement Agreement and the Injunctive Relief contemplated 

herein.

12. CREDITS AND PAYMENTS

12.1 Class Members will be entitled to only their per claim point distribution, 

described above in Section 3.2, subject to verification by the Settlement Administrator.

12.2 Payments will be made to Class Members either via Active Account credit or via 

physical check mailed to the last known address, as outlined in Section 3.2 of this Agreement.

12.3 The Settlement Administrator shall mail distribution checks to be drawn on the 

Net Settlement Fund to Class Members without Active Accounts no later than sixty (60) days 

after the Effective Date; provided, however, that in no event will such payments be made until 

the Settlement Common Fund is fully funded by Defendant, pursuant to Section 3.1.1 above, and 

the appropriate per claim point distribution amount is determined.

12.4 Other than any Service Award, the payments or credits set forth above shall be the 

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only payments or credits to which any Class Member will be entitled pursuant to this Settlement 

Agreement.

13. RELEASES

13.1 The Releasing Parties (as defined in Section 1.2(y) above), upon the Effective 

Date, hereby fully and irrevocably release and forever discharge the Released Parties (as defined 

in Section 1.2(x) above), from any and all liabilities, claims, cross-claims, causes of action, 

rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, 

expenses, obligations, or demands, of any kind whatsoever, including any claim under any 

federal or state law, whether known or unknown, existing or potential, or suspected or 

unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any claim 

under any federal or state law, asserted or which could have been asserted arising from or 

relating to allegations in the Complaint or an incremental charge for the first $100 of declared 

value on a package tendered for shipment before December 29, 2013, where the declared value 

charge was above the minimum charge (collectively the “Released Claims”). Notwithstanding 

the foregoing, nothing in the Agreement shall release any claim by a shipper arising from or 

relating to charges for protection other than for the first $100 of declared value for carriage. The 

Released Claims specifically encompass all packages shipped by any Class Member before 

December 29, 2013, including packages shipped prior to January 1, 2011, and specifically 

exclude packages shipped after December 29, 2013.

13.2 Class Representative, on behalf of itself and all Class Members, hereby waives

any and all provisions, rights, and benefits conferred by section 1542 of the California Civil 

Code or any comparable statutory or common law provision of any other jurisdiction, including, 

but not limited to Michigan. California Civil Code Section 1542 reads as follows:

Certain Claims Not Affected By General Release:

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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE 

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT 

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING 

THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH 

THE DEBTOR OR RELEASED PARTY. 

Class Representative, on behalf of itself and of all Class Members, expressly acknowledges that 

Class Representative and the Class Members are waiving the protections of section 1542 and of 

any comparable statutory or common law provision of any other jurisdiction, including 

Michigan. 

13.3 Subject to the Court’s entry of the Judgment, the Released Parties hereby

completely release any and all claims and causes of action they may have had against the 

Plaintiff and Class Counsel relating to the Litigation.

13.4 Notwithstanding the entry of Judgment and without affecting the finality of same, 

the Court shall retain jurisdiction of the Litigation until such time as the Court determines that 

the Settlement is fully consummated according to the terms and conditions of this Agreement. 

14. AMENDMENT

14.1 This Agreement may be modified, amended or supplemented only by written 

agreement signed by or on behalf of all Parties and, if such modification, amendment or 

supplement is to be executed and become effective subsequent to the entry of the Preliminary 

Approval Order, only with the approval of the Court.

15. AUTOMATIC TERMINATION OF SETTLEMENT AGREEMENT AND 

TERMINATION RIGHTS

15.1 If, for any reason, this Settlement Agreement does not become final on terms 

substantially similar to those submitted, or if such approval is reversed or substantially altered on 

appeal, and if each Party does not agree to any such substantial modification:

(a) Except as expressly stated herein, this Settlement Agreement and all 

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judicial rulings made pursuant to the provisions of this Settlement Agreement (including 

all rulings regarding either Class certification or the Class Action Fairness Act) shall 

automatically become null and void and have no further force or effect, and all 

proceedings that have taken place with regard to this Settlement Agreement and the 

Settlement shall be without prejudice to the rights and contentions of the Parties hereto;

(b) This Settlement Agreement, all of its provisions (including, without 

limitation, any provisions concerning Class certification), and all negotiations, 

statements, and proceedings relating to this Settlement Agreement shall be without 

prejudice to the rights of any of the Parties, each of whom shall be restored to their 

respective positions as of September 1, 2020.

(c) This Settlement Agreement, any provision of this Settlement Agreement,

and the fact of this Settlement Agreement having been made, shall not be admissible or 

entered into evidence for any purpose whatsoever in the Litigation or any other 

proceeding except as may be necessary to account for the lapse of time due to the 

Settlement proceedings. Information produced or conveyed in the course of mediation 

shall remain confidential and subject to the confidentiality terms of the Court’s mediation 

orders, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence.

(d) The Common Settlement Fund, net of any Settlement Notice and 

Administration Expenses paid or incurred, shall be promptly transferred to the Defendant.

This section shall survive any termination of this Settlement Agreement.

16. INCORPORATION OF EXHIBITS

16.1 All exhibits attached hereto are hereby incorporated by reference as though set 

forth fully herein and are a material part of this Settlement Agreement. Any notice or other 

exhibit attached hereto that requires approval of the Court must be approved without substantial

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change from its current form in order for this Settlement Agreement to become effective, unless 

the Parties agree in writing to such changes.

17. GOVERNING LAW AND COMPLIANCE WITH TERMS OF 

SETTLEMENT AGREEMENT

17.1 All questions with respect to the construction of this Settlement Agreement and 

the rights and liabilities of the parties hereto shall be governed by the laws of the State of 

Michigan, without giving effect to its law of conflicts of laws.

18. NO ADMISSION OF WRONGDOING OR THE VALIDITY 

OF ANY DEFENSE

18.1 Defendant has indicated its intent vigorously to contest each and every claim in 

the Litigation, and continues vigorously to deny all of the material allegations in the Litigation. 

Defendant enters into this Agreement without in any way acknowledging any fault, liability, or 

wrongdoing of any kind. Defendant nonetheless has concluded that it is in its best interests that 

the Litigation be settled on the terms and conditions set forth in this Settlement Agreement in 

light of the expense that would be necessary to defend the Litigation, the benefits of disposing of 

protracted and complex litigation, and the desire of Defendant to conduct its business 

unhampered by the distractions of continued litigation.

18.2 Neither the execution and delivery of this Settlement Agreement nor compliance 

with its terms shall constitute an admission or concession by Defendant of the truth of any of the 

allegations in the Litigation, or of any fault, liability, or wrongdoing of any kind by the 

Defendant. Defendant expressly denies fault and liability. Moreover, the Parties agree that this 

Settlement is not, and shall not be represented as, a concession of any weakness or flaw in 

Plaintiff’s claims or of the validity of any defense.

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18.3 To the extent permitted by law, this Settlement Agreement may be pleaded as a 

full and complete defense to, and may be used as the basis for an injunction against, any action, 

suit, or other proceeding which may be instituted, prosecuted, or attempted for claims covered by 

the releases in this Agreement. 

19. PREPARATION OF SETTLEMENT AGREEMENT, SEPARATE 

COUNSEL, AND AUTHORITY TO ENTER SETTLEMENT 

AGREEMENT

19.1 The Parties and their counsel have each participated and cooperated in the 

drafting and preparation of this Settlement Agreement. Hence, in any construction to be made of 

this Settlement Agreement, the same shall not be construed against any Party as drafter of the 

Settlement Agreement.

19.2 The Parties each acknowledge that they have been represented by counsel of their

own choice throughout all of the negotiations that led to the execution of this Settlement 

Agreement and in connection with the preparation and execution of this Settlement Agreement.

19.3 The Parties each represent and warrant that each of the Persons executing this 

Settlement Agreement is duly empowered and authorized to do so.

20. HEADINGS

20.1 The headings contained in this Settlement Agreement are for reference only and 

are not to be construed in any way as part of the Settlement Agreement.

21. COUNTERPARTS AND AUTHORIZATION

21.1 This Settlement Agreement may be executed in one or more counterparts, each of 

which shall be deemed an original, but all of which together shall constitute one and the same 

instrument, even though all Parties did not sign the same counterparts.

22. ENTIRE AGREEMENT

22.1 This Settlement Agreement represents the entire agreement between the Parties 

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with respect to the subject matter hereof and supersede all prior contemporaneous oral and 

written agreements and discussions. Each of the Parties covenants that it has not entered into this 

Settlement Agreement as a result of any representation, agreement, inducement or coercion, 

except to the extent specifically provided herein. Each Party further covenants that the 

consideration recited herein is the only consideration for entering into this Settlement Agreement 

and that no promises or representations of another or further consideration have been made by 

any Person.

23. CONFIDENTIALITY 

23.1 Any and all negotiations related to the Settlement and the Agreement will remain 

strictly confidential and shall not be discussed with anyone other than the Class Representative

and UPS, their retained attorneys, their accountants and financial or tax advisers, auditors, 

retained consultants, the Court and its staff, and the mediator Hon. Gerald E. Rosen (Ret.) and 

his staff, unless otherwise agreed to by Class Counsel and UPS or unless otherwise ordered by 

the Court. 

24. DOCUMENTS AND DISCOVERY

24.1 Within sixty (60) Days after the Effective Date, Class Counsel agrees to take steps 

necessary to destroy or erase all documents and data provided by UPS in the Litigation. Upon 

request from UPS, Class Counsel shall certify in writing to UPS their compliance with this 

section. Nothing in this section or the Agreement shall prohibit Class Counsel from retaining a 

case file, including all pleadings, motion papers, court filings, deposition transcripts, legal 

memoranda, correspondence, notes, and work product, so long as any exhibits to such documents 

that contain documents or data marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 

continue to be treated as such under the Protective Orders in this case. Further, nothing in this 

section or in the Agreement shall prohibit Class Counsel from retaining the identifying 

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30

information of all Settlement Class Members, nor from contacting those persons, as Class 

Counsel’s clients, regarding this Settlement. 

25. NOTICE

25.1 All notices, requests, demands, and other communications to the Parties or their 

counsel required or permitted to be given pursuant to this Settlement Agreement shall be in 

writing and shall be emailed and mailed postage prepaid by First Class U.S. Mail to the 

following persons at their addresses as set forth as follows:

Plaintiff’s and Class Counsel

Andrew J. McGuinness

ANDREW J. MCGUINNESS, ESQ.

P O Box 7711

Ann Arbor, MI 48107-7711

drewmcg@topclasslaw.com

Daniel R. Karon

KARON LLC

700 W. St. Clair Ave. Ste. 200

Cleveland, OH 44113

dkaron@karonllc.com

Sanford P. Dumain

MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC

100 Garden City Plaza, Suite 500

Garden City, NY 11530

sdumain@milberg.com

Counsel for Defendant United Parcel Service, Inc.

Gregory B. Koltun

Morrison & Foerster LLP

707 Wilshire Boulevard

Los Angeles, CA 90017-3543

gkoltun@mofo.com

25.2 The notice recipients and addresses designated in Section 25.1 above may be 

changed by written notice pursuant to this Section. 

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WHEREFORE, the undersigned, being duly authorized, have caused this Settlement 

Agreement to be executed on the dates shown below and agree that it shall take effect on the last 

date of execution by all undersigned representatives of the Parties.

___/s/ Richard L. Immerman_________________________

By: Richard L. Immerman

Title: President

Authorized Representative of Plaintiff and Class 

Representative BleachTech L.L.C.

Date: August 20, 2021

____/s/ Jill Termini_______________ _________________

By: Jill Termini

Title: Senior Attorney, UPS Corporate Legal

Authorized Representative of United Parcel Service, Inc.

Date: August 20, 2021

APPROVED AS TO FORM:

___/s/ Andrew McGuinness_________________________

ANDREW J. MCGUINNESS, ESQ.

Plaintiff’s and Class Counsel

Date: August 20, 2021

___/s/ Gregory Koltun___________ __________________

Gregory Koltun

MORRISON & FOERSTER LLP

Counsel for United Parcel Service, Inc.

Date: August 20, 2021

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LIST OF EXHIBITS

A. (Proposed) Judgment

B Long Form Notice

C Short Form Notice & Postcard Notice

D Form of Publication Notice 

E. (Proposed) Preliminary Approval Order

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EXHIBIT A

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

Southern Division 

BLEACHTECH LLC, individually and 

on behalf of all others similarly 

situated, 

Plaintiff 

v. 

UNITED PARCEL SERVICE, INC., an 

Ohio Corporation, 

Defendant. 

Case No. 14-12719 DPH-RSW 

Honorable Denise Page Hood 

[PROPOSED] JUDGMENT 

The parties having submitted a duly executed Amended Class Action 

Settlement seeking to settle this action on a classwide basis, the Court having 

entered a separate Opinion and Order finally approving certification of this action 

as a class action pursuant to Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3) 

(“Opinion and Order”), and the Court being fully advised in the premises, 

 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS 

FOLLOWS: 

1. This Judgment incorporates the capitalized terms and their definitions 

as set forth in the Settlement Agreement, attached as Exhibit A and incorporated 

herein. 

2. The Court has jurisdiction over the subject matter of this action, 

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2 

Plaintiff, individually and as Class Representative, the Class Members, and 

Defendant. 

3. The Class Notice constituted the best notice practicable under the 

circumstances and fully complied with the requirements of due process, Federal 

Rule of Civil Procedure 23, and all applicable statutes and laws. 

4. For the reasons given in the Opinion and Order, the Court finds that 

the Settlement Agreement is in all respects, fair, reasonable, adequate, and in the 

best interest of the Class. Any objections to the settlement have been considered 

and are hereby overruled. Accordingly, the settlement is approved. The Court 

hereby enters final Judgment approving the settlement as set forth in the Settlement 

Agreement. 

5. The Court hereby directs the Parties, their counsel, and the Settlement 

Administrator to implement and consummate the settlement in accordance with the 

terms of the Settlement Agreement and this Court’s orders. 

6. Pursuant to Federal Rule of Civil Procedure 23, the Court finally 

certifies, for settlement purposes only, the Settlement Class defined as follows: 

Except as excluded below, all persons or entities who, from January 1, 

2011, through December 29, 2013 (the “Class Period”), tendered to 

UPS (or paying party if the package was billed to a different account 

than the shipper) one or more U.S. origin packages under contract 

with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged 

pursuant to UPS’s published Retail rates. 

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3 

Specifically excluded from the scope of the Class are any packages with a 

declaration of value that was later voided, any packages shipped under an 

account of a The UPS Store location, and any packages shipped through any 

other Third-Party Retailer (as defined by the July 8, 2013, UPS Tariff/Terms 

and Conditions of Service—United States, attached as Exhibit A to 

Plaintiff’s Amended Complaint) to the extent the claim is asserted by a 

customer of such Third-Party Retailer, which packages will not be deemed 

Covered Packages. Also excluded is any entity in which Defendant has or 

had a controlling interest or that has a controlling interest in Defendant and 

all The UPS Store locations, and all other authorized UPS shipping agents 

and partners, including authorized outlets, to the extent packages were not 

shipped pursuant to a contract with UPS during the Class Period to purchase 

declared value coverage at the rates set forth in the pricing tables published 

in the applicable UPS Service Guide. Also excluded are UPS’s legal 

representatives, assigns, and successors; the Court and any member of its 

staff; and any Putative Class Member who timely submitted a valid Request 

for Exclusion or was found by the Court to have adequately opted out of the 

Class. 

7. All Persons who are included within the definition of the Settlement 

Class and who did not properly file Requests for Exclusion are hereby bound by 

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this Judgment and by the settlement. Attached as Exhibit B to this Judgment is a 

list setting forth the name of each Person who the Court finds has properly 

submitted a Request for Exclusion from the Class. The Persons identified shall not 

be entitled to benefits from the settlement and are not bound by this Judgment. 

8. The Court further finds that all Class Members and Releasing Parties 

who have not timely and properly excluded themselves shall, by operation of this 

Judgment, do fully and irrevocably release and forever discharge the Released 

Parties, from any and all liabilities, claims, cross-claims, causes of action, rights, 

actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, 

losses, expenses, obligations, or demands, of any kind whatsoever, including any 

claim under any federal or state law, whether known or unknown, existing or 

potential, or suspected or unsuspected, whether raised by claim, counterclaim, 

setoff, or otherwise, including any claim under any federal or state law, asserted or 

which could have been asserted arising from or relating to allegations in the 

Complaint or an incremental charge for the first $100 of declared value on a 

package tendered for shipment before December 29, 2013, where the declared 

value charge was above the minimum charge (collectively the “Released Claims”). 

Notwithstanding the foregoing, nothing in the Agreement or this Judgment shall 

release any claim by a shipper arising from or relating to charges for protection 

other than for the first $100 of declared value for carriage. The Released Claims 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3406 Filed 05/16/22 Page 78 of 173
5 

specifically encompass all packages shipped by any Class Member before 

December 29, 2013, including packages shipped prior to January 1, 2011, and 

specifically exclude packages shipped after December 29, 2013. 

9. For a period of three years from the date of the signing of the 

Settlement Agreement, UPS is hereby enjoined as follows: 

(a) United Parcel Service, Inc., in its U.S. Rate and Service Guides shall 

include the following text in the “fee” column of its Declared Value for Carriage 

pricing tables: 

(c) Without limiting the generality of the foregoing, the following 

example1

 will be deemed compliant with the foregoing Injunctive Relief: 

 1

 All dollar figures—including without limitation the incremental declared 

value charge and minimum declared value charge—shown in this example are 

illustrative only, and not mandated by this Judgment. 

– Value from $100.01 to 

$300.00 

 [fee in dollars] 

– Value over $300.00, 

charge for each $100.00 (or 

portion of $100.00) of the 

total value declared (from 

$0.00 to total value 

declared) 

 [fee in dollars] 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3407 Filed 05/16/22 Page 79 of 173
6 

(b) UPS may during the period when this injunction is in effect notify 

Class Counsel of a proposed change of the language or format of the language 

required by such Injunctive Relief to reflect changes in the law or a change in 

UPS’s business practices (including, for example, changes in the appearance or 

format of the U.S. Rate and Service Guide). Font or type size do not require 

advance notice; nor does a change to reflect a change in declared value pricing that 

does not assess a charge for the first increment of protection (currently $100). If 

Class Counsel notifies UPS Counsel within seven (7) Days of an objection to the 

proposed change, and the objection cannot be resolved amicably, UPS may seek 

leave of Court on shortened notice prior to its proposed modification(s), or, at 

UPS’s option and sole expense, any dispute regarding the proposed change shall be 

resolved through expedited mediation with the Hon. Gerald Rosen (Ret.) or other 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3408 Filed 05/16/22 Page 80 of 173
7 

mediator mutually agreeable to the parties. 

 10. The Court hereby grants Class Counsel’s request for attorneys’ fees in 

the amount of $_________, representing ___% of the Settlement Common Fund. 

The Court next grants Class Counsels’ application for reimbursement of costs and 

expenses in the amount of $________. Finally, the Court awards a Service Award 

to the Class Representative in the amount of $_______. The Settlement 

Administrator is hereby directed to pay each of these amounts from the Settlement 

Common Fund as provided in the Settlement Agreement. Fifty percent of 

reasonable costs of Notice and administration of the settlement will be paid from 

the Settlement Common Fund; UPS will pay the other fifty percent. 

11. In accordance with Section 3.2.4 of the Settlement Agreement, Class 

Members with an Active Account with UPS shall receive their calculated 

distribution of the Net Settlement Fund via account credit. These account credits 

will be issued by UPS no later than 45 days after this settlement’s Effective Date. 

As to Class Members who do not use their credits, UPS will attempt to locate the 

Class Member and pay the unused credits in accordance with UPS’s regular 

business practices as to credit balances in inactive accounts. UPS will in no event 

retain unused credits. 

 12. For Class Members who do not have an Active Account with UPS, 

the Settlement Administrator is directed to distribute checks to these Class 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3409 Filed 05/16/22 Page 81 of 173
8 

Members in the amount of their share of the Net Settlement Fund in accordance 

with Sections 3.2.6 and 12.3 of the Settlement Agreement. 

13. Distribution checks uncashed after 90 days, shall constitute “Unused 

Class Funds.” Unused Class Funds will be donated to the National Consumer Law 

Center, a § 501(c)(3) non-profit public interest law firm engaged in the education, 

training, and promotion of consumer protection law, as cy pres award, or such 

other suitable non-profit organization as recommended by Class Counsel and 

approved by the Court. 

14. Neither this Judgment, the Settlement Agreement, the fact of 

settlement, the settlement proceedings, settlement negotiations, or any related 

document shall be used as an admission of any act or omission by UPS or any 

Released Parties, or be offered or received in evidence as an admission, 

concession, presumption, or inference of any wrongdoing by UPS or any other 

Released Parties, in any action or proceeding in any court, administrative panel or 

proceeding, or other tribunal, other than such proceedings as may be necessary to 

consummate or enforce the Settlement Agreement. 

15. The Parties are authorized without further approval from the Court to 

agree to such amendments or modifications of the Settlement Agreement and all of 

its exhibits as shall be consistent in all respects with this Judgment and do not limit 

the rights of Class Members. 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3410 Filed 05/16/22 Page 82 of 173
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16. Without affecting the finality of this Judgment, this Court retains 

jurisdiction to enforce and administer the settlement. 

IT IS SO ORDERED. 

Dated: ____________, 2021 ______________________________ 

Hon. Denise Page Hood 

 United States District Judge 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3411 Filed 05/16/22 Page 83 of 173
EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH L.L.C., on behalf of itself

and all others similarly situated,

Plaintiff,

vs.

UNITED PARCEL SERVICE, INC., an Ohio 

Corporation,

Case No. 2:14-cv-12719

Hon. Denise Page Hood

CLASS ACTION

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT,

FINAL APPROVAL HEARING, AND MOTION FOR

ATTORNEYS’ FEES AND REIMBURSEMENT OF EXPENSES

This notice (“Notice”) advises you of the proposed Class Action Settlement (“Settlement”) of the 

class action lawsuit, Bleachtech LLC v. United Parcel Service, Case No. 2:14-cv-12719 (E.D. 

Mich.) (“Lawsuit”). In the Lawsuit, Plaintiff seeks relief on behalf of itself and all persons or 

entities who, from January 1, 2011, through December 29, 2013, tendered to UPS (or paying party 

if the package was billed to a different account than the shipper) one or more U.S. origin packages

under contract with UPS with a declared value in excess of $300 charged pursuant to UPS’s 

published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail rates. 

In such instances, Plaintiff alleges UPS breached its and Class Members’ shipping contracts by 

overcharging them for the first $100 of declared value for such shipments. UPS denies all 

allegations of wrongdoing. 

Plaintiff’s claims (“Class Claims”) are described more fully below. You may have received a 

postcard notice or email if UPS’s records reflect that you are a member of the proposed Settlement 

Class (defined below). 

PLEASE READ THIS NOTICE CAREFULLY. 

A FEDERAL COURT AUTHORIZED THIS NOTICE. 

THIS IS NOT A SOLICITATION. 

YOU HAVE NOT BEEN SUED. 

This case concerns UPS’s shipping contract where a shipper, like Plaintiff, purchased additional 

protection for loss of damage beyond the $100 protection provided by UPS without additional 

charge. UPS’s shipping contract allows shippers to increase UPS’s liability beyond $100 by 

declaring a higher value and paying an additional incremental charge “for each $100.00 (or portion 

of $100.00) of the total value declared.” Plaintiff alleges that from January 1, 2011, through 

December 29, 2013, UPS breached its shipping contract with Plaintiff and Class Members by 

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applying the incremental charge to the total value that Plaintiffs declared instead of only to that

portion of declared value over $100.

UPS maintains it did not breach its contracts with Plaintiff and Class Members and denies all 

allegations of wrongdoing. The Court has not determined whether the allegations made by 

Plaintiffs are correct.

To resolve the Lawsuit, UPS has agreed to pay as part of a Settlement Common Fund $4,850,000, 

and to pay one-half of the settlement administration expenses, including notice costs. Class 

Members who do not exclude themselves from the Settlement will be paid from the Net Settlement 

Fund, via checks to Class Members without active UPS accounts and via credits to Class Members

with active UPS accounts. As part of the Settlement, UPS will also stipulate to injunctive relief in 

the form of changes to language in its applicable U.S. Rate and Service Guides for three years.

The Settlement resolves all claims against UPS and applies to all members of the Class who 

do not exclude themselves from the Class by the opt-out deadline. 

The Court in charge of the case still must decide whether to approve the Settlement. The payments 

and other settlement terms described above will happen only if the Court approves the Settlement 

and that approval is upheld if there are any appeals. This process is explained in greater detail 

below. 

Your legal rights are affected if you are a member of the Settlement Class, whether or not you act.

“Settlement Class” means: Except as excluded below, all persons or entities who, from 

January 1, 2011, through December 29, 2013 (the “Class Period”), tendered to UPS (or paying 

party if the package was billed to a different account than the shipper) one or more U.S. origin 

packages under contract with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published 

Retail rates.

The Settlement Class excludes:

a. Any shipments with a declaration of value that was later voided.

b. Any packages shipped under an account of a The UPS Store.

c. Any entity in which UPS has or had a controlling interest or which has a controlling 

interest in UPS.

d. The UPS Store locations, and all other UPS Third Party Retailers, including 

authorized shipping outlets, to the extent their packages were not shipped pursuant to 

a contract with UPS during the Class Period to purchase declared value coverage at 

the rates set forth in the pricing tables published in the applicable UPS Service Guide. 

e. UPS’s legal representatives, assigns, and successors.

f. The Court and any member of its staff.

g. Any Putative Class Member who timely submits a valid Request for Exclusion or is 

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found by the Court to have adequately opted out of the Class.

Identification of Other Key Terms: This Notice contains summary information with respect to 

the Settlement. The terms and conditions of the Settlement are set forth in the Settlement 

Agreement signed by the parties (the “Settlement Agreement”). The Settlement Agreement, and 

additional information with respect to the Lawsuit and the Settlement, is available at 

www.UPSdeclaredvaluesettlement.com. If you do not have access to the Internet, you may 

obtain a copy of the Settlement Agreement by writing to the Settlement Administrator at the 

address below.

Reasons for the Settlement: The Settlement resolves all claims in the Lawsuit against UPS

regarding UPS’s charges for protection for the first $100 of declared value for carriage. The 

Settlement is not, and should not be construed as, an admission of any fault or liability whatsoever 

by UPS, which continues to deny all allegations of wrongdoing. The Plaintiff and Class Counsel 

believe the proposed Settlement is fair, reasonable, and adequate and is in the best interests of the 

Settlement Class. The Plaintiff and Class Counsel believe the Settlement provides substantial 

benefits to all Settlement Class Members as compared to the risks, significant litigation costs, and

delays of proceeding with the Lawsuit.

Identification of Settlement Administrator and Class Counsel: The Settlement Administrator 

is Epiq Class Action & Claims Solutions, Inc. You should first try to answer any questions you 

may have about the Settlement or the Lawsuit by reviewing the information available on the 

website for this Settlement, www.UPSdeclaredvaluesettlement.com, or by calling 1-888-XXXXXX. You can also write to the Settlement Administrator at the following address:

UPS Declared Value Settlement Administrator

P O Box XXX

Portland, OR XXXXX-XXXX

The Court has preliminarily appointed the following attorneys as Class Counsel: Andrew J. 

McGuinness, Esq. of Ann Arbor, Michigan, Karon LLC of Cleveland, Ohio, and Milberg Phillips 

Grossman LLP of New York, New York. 

Please do not contact the Court about this settlement; its personnel will not be able to answer 

your questions. 

PLEASE READ THIS NOTICE CAREFULLY. IF YOU ARE A MEMBER OF THE 

SETTLEMENT CLASS TO WHOM THE POST CARD OR EMAIL NOTICE WAS 

ADDRESSED, THE SETTLEMENT WILL AFFECT YOUR RIGHTS. YOU ARE 

NOT BEING SUED, YOU DO NOT HAVE TO APPEAR IN COURT, AND YOU 

DO NOT HAVE TO HIRE AN ATTORNEY, ALTHOUGH YOU MAY HIRE AN 

ATTORNEY AT YOUR OWN EXPENSE IF YOU SO CHOOSE. IF YOU ARE IN 

FAVOR OF THE SETTLEMENT, YOU NEED NOT DO ANYTHING TO 

RECEIVE YOUR SETTLEMENT BENEFITS. IF YOU DISAPPROVE, YOU MAY 

OBJECT TO THE SETTLEMENT PURSUANT TO THE PROCEDURES 

DESCRIBED BELOW. 

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ACTIONS YOU MAY TAKE IN THE SETTLEMENT 

NO ACTION IS NECESSARY. 

If you want to remain in the Settlement Class and do not 

wish to object to the Settlement, you do not need to do 

anything. 

YOU CAN OPT OUT by [Date], 2021.

If you do not want to be part of the Settlement Class or 

to participate in the Settlement, you can exclude yourself 

(“opt out”) by following the instructions below. You 

must opt out by the deadline to preserve claims you may 

have against UPS that are being released or resolved as 

part of the Settlement.

CLASS MEMBERS CAN OBJECT 

NO LATER THAN 

[Date], 2021]. 

If do not opt out and you wish to object to any part of the 

Settlement, you can write to the Court and explain why 

you do not like the Settlement. 

CLASS MEMBERS CAN ATTEND

THE HEARING ON [Date] 2021, BY 

FILING A NOTICE OF INTENTION 

TO APPEAR NO LATER THAN 

[Date], 2021. 

If you have not opted out and have submitted a written 

objection to the Court, you can ask to address the Court 

about the fairness of the Settlement during the Final 

Approval Hearing. You may enter your appearance in 

Court through an attorney (at your own expense) if you 

wish. 

WHAT THIS NOTICE CONTAINS

Summary of Settlement................................................................................................................ 5

Basic Information ......................................................................................................................... 6

1. Why did I get the postcard or email notice ..................................................................... 6

2. What is the lawsuit about? What has happened so far? .................................................. 7

3. Why is this case a class action? ...................................................................................... 8

4. Why is there a Settlement? ............................................................................................. 8

Who Is In The Settlement? .......................................................................................................... 8

5. How do I know whether I am part of the Settlement? .................................................... 8

The Settlement Benefits – What you Get.................................................................................... 9

6. What does the Settlement provide?................................................................................. 9

7. How will the Settlement be distributed? ......................................................................... 9

8. How much will my payment be? .................................................................................. 10

9. When will I Receive my payment?............................................................................... 10

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10. What rights am I giving up in the Settlement? ........................................................... 10

The Lawyers Representing You ................................................................................................ 11

11. Do I have a lawyer in the case? .................................................................................. 10

12. How will the lawyers be paid?.................................................................................... 10

Excluding Yourself From the Settlement ................................................................................. 11

13. Can I exclude myself from the Settlement?................................................................ 11

14. If I do not exclude myself from the Class, can I sue UPS for the same thing later? ........11

15. If I exclude myself, can I get money from this Settlement? ....................................... 12

Objecting to the Settlement ....................................................................................................... 12

16. How do I tell the Court if I don’t like the Settlement? ............................................... 12

17. What is the difference between objecting and requesting Exclusion?........................ 13

The Court’s Final Approval Hearing ....................................................................................... 14

18. When and where will the Court decide whether to approve the Settlement? ............. 14

19. Do I have to attend the hearing? ................................................................................. 15

20. May I speak at the hearing? ........................................................................................ 15

If You Do Nothing....................................................................................................................... 14

21. What happens if I do nothing at all? ........................................................................... 15

Getting More Information ......................................................................................................... 15

22. How do I get more information?................................................................................ 15

As discussed more fully below, the Lawsuit was filed against UPS in federal district court in 

Detroit, Michigan. The named plaintiff (“Named Plaintiff” or “Class Representatives”) is 

BleachTech LLC.

A copy of the Amended Complaint and other documents relevant to this Settlement are available 

at www.UPSdeclaredvaluesettlement.com. 

SUMMARY OF SETTLEMENT

The Settlement Class is defined above, and generally consist of all persons or entities who, from 

January 1, 2011, through December 29, 2013 (the “Class Period”), tendered to UPS (or paying 

party if the package was billed to a different account than the shipper) one or more U.S. origin 

packages under contract with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail 

rates. The Settlement provides monetary benefits to the Settlement Class of $4,850,000 into a 

Settlement Common Fund, and UPS will also pay one-half of the settlement administration and 

notice costs. In addition, the Settlement provides changes to the language of UPS’s U.S. Rate and 

Service Guide’s pricing tables for at least three years.

Class Counsel believe the Settlement provides substantial benefits to the Class. UPS disputes that 

it has overcharged under the language of its U.S. Rate and Service Guides, and a jury might agree. 

Moreover, UPS asserts that only claims dating back 180 days or less from December 29, 2013, 

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potentially qualify for Plaintiff’s claim as opposed to those dating back to January 1, 2011, which 

is the scope of the Settlement Class. 

As with any litigation, the Parties would face an uncertain outcome if the case were to continue. 

Continued litigation of this case may result in a judgment or verdict greater or less than the 

recovery under the Settlement Agreement, or result in no recovery at all. Throughout the Lawsuit, 

Plaintiff and UPS have disagreed on liability and damages. UPS denies all allegations of 

wrongdoing. Plaintiff disagrees.

Class Counsel represent that, among other things, (1) they have conducted an extensive 

investigation into the facts, circumstances, and legal issues associated with the allegations made 

in this case; (2) they believe, based on the risks of litigation, the time necessary to achieve a 

complete resolution through litigation, the complexity of the claims set forth in the Amended 

Complaint, and the benefit accruing to Class Members under the Settlement, that the Settlement 

will provide a substantial benefit to the Settlement Class, and that, when that benefit is weighed 

against the risks of continuing the Litigation, the Settlement represents a reasonable, fair, and 

adequate resolution of the claims presented; and (3) they believe the Settlement will provide the 

Settlement Class with much of the benefits and protections they would have received if the case 

were litigated to a conclusion and Plaintiff prevailed. 

UPS has denied, and continues to deny, the validity of all claims asserted in the Amended 

Complaint. The Settlement is not evidence of liability of any type. Plaintiff, on the other hand,

continues to deny the validity of all defenses asserted by UPS. Nevertheless, the Parties have taken 

into account the uncertainty and risks inherent in the Lawsuit and have concluded that it is desirable 

that the Lawsuit be fully and finally settled on the terms and conditions set forth in the Settlement 

Agreement solely to avoid further risk, significant cost, expense, and time associated with 

continued litigation.

BASIC INFORMATION

1. Why did I get the postcard or email notice? 

If you received a postcard or email or learned of one addressed to you associated with this class 

action, then according to UPS’s records during the Class Period you contracted with UPS to ship 

one or more packages on which you purchased additional protection for loss or damage from UPS 

over $100 and are a member of the Settlement Class (or paid charges for such packages).

The Court has directed that postcard and/or email notice be sent to you, and that this Class Notice

be made available to you because as a potential member of the Settlement Class you have a right 

to know about the proposed Settlement before the Court decides whether to approve it. If the Court 

approves the Settlement, and all related objections and appeals are favorably resolved, UPS will 

provide to the Class the $4,8500,000 and additional monetary relief in the form of payment of onehalf of settlement administration and notice costs, as described in this Class Notice and as detailed 

in the Settlement Agreement.

This Notice explains generally the case, the Settlement, and your legal rights. It also informs you 

of a hearing (the “Final Approval Hearing”) to be held by the Court to consider the fairness, 

reasonableness, and adequacy of the proposed Settlement and to consider Class Counsel’s 

application for their attorneys’ fees and reimbursement of litigation expenses, as well as an 

application for any service awards for the Class Representative. 

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The Final Approval Hearing will be held at [____ p.m. on Date], 2021, before the Honorable 

Denise Page Hood, Courtroom 701, in the United States District Court for the Eastern District of 

Michigan, Theodore Levin U.S. Courthouse, 231, W. Lafayette Blvd., Detroit, Michigan. The 

Court may schedule the hearing via video conference or teleconference. At or following the 

hearing, the Court will determine: 

(a) Whether the Settlement Class should be certified as a class under the requirements

of Federal Rules of Civil Procedure 23; 

(b) Whether the Settlement Class has received adequate notice of the Settlement to 

satisfy due process; 

(c) Whether the requirements of the Class Action Fairness Act have been satisfied; 

(d) Whether the Settlement Agreement is fair, reasonable, and adequate and should be 

approved by the Court; 

(e) Whether final judgment approving the Settlement Agreement should be entered; 

(f) Whether to grant a Service Award to Plaintiff as the Class Representative, and, if 

so, the amount; and 

(g) Whether to award attorneys’ fees and litigation expenses to counsel who represent 

members of the Settlement Class and, if so, in what amounts. 

This Notice is not an expression of the Court’s opinion on the merits of any claim in this case, and 

the Court still needs to decide whether to approve the Settlement. If the Court approves the 

Settlement, the payments by UPS described above will be made after all related appeals, if any, 

are favorably resolved. It is always uncertain whether such appeals can be favorably resolved, and 

resolving them can take time, perhaps more than a year. 

2. What is the lawsuit about? What has happened so far? 

On July 11, 2014, plaintiffs Joe Solo and BleachTech filed a putative class action complaint against 

UPS in the United States District Court for the Eastern District of Michigan, Case No. 2:14-cv12719. On December 30, 2020, with leave of Court, BleachTech filed an Amended Complaint that 

excluded Joe Solo as a party, and Mr. Solo is not party to the Settlement Agreement between 

Plaintiff BleachTech and UPS.

Plaintiff’s Amended Complaint alleges that UPS breached its contracts with Plaintiff and Class 

Members and seeks compensatory, declaratory, and injunctive relief. Plaintiff seeks relief on 

behalf of itself and all persons or entities who, during the Class Period, tendered to UPS (or paying 

party if the package was billed to a different account than the shipper) one or more U.S. origin 

packages under contract with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged pursuant to UPS’s published Retail 

rates. In such instances, Plaintiff alleges UPS breached its and Class Members’ shipping contracts 

by overcharging them for the first $100 of declared value for such shipments. UPS denies

Plaintiff’s allegations and denies that it committed any wrongdoing.

The Parties and Class Counsel have been actively engaged in this and related litigation for almost 

seven years. UPS has filed several motions to dismiss Plaintiff’s claims. Three appeals to the 

United States Court of Appeals for the Sixth Circuit have occurred. The Parties have taken

depositions. Written discovery has also occurred, and counsel for the Parties have engaged in and 

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attempted to resolve numerous discovery disputes related to written discovery. Counsel for both 

sides have reviewed voluminous documents produced in response to their contentious discovery

requests. The discovery process has involved substantial expense to UPS in its gathering and 

review of documents and electronically stored information.

The Parties participated in three mediation sessions before the Hon. Gerald E. Rosen (Ret.), on 

June 27, 2018, June 26, 2020, and September 1, 2020. At the third session, the Parties reached an 

agreement in principle to settle the Litigation on the terms set forth in the Settlement Agreement. 

This process led to a Settlement Agreement signed by the Parties on [Date], 2021.

The Settlement is the product of intensive, arm’s length negotiations between Class Counsel and 

UPS’s Counsel, with the assistance of an experienced third-party mediator. 

3. Why is this case a class action? 

In a class action, one or more plaintiffs, called “named plaintiff,” or (where a class is certified) 

“class representative,” sue on behalf of people who have similar claims. In this case, the Court has 

determined that it will likely be able to certify the Settlement Class at or after the Final Approval 

Hearing. The Class Representative (Named Plaintiff) is seeking relief on behalf of the Settlement 

Class. All the individuals on whose behalf the Class Representative is suing are “Class Members,” 

and they are also referred to in this Notice as members of the Settlement Class. If the Court 

approves the proposed Settlement, it will resolve the claims of all Class Members on the issues 

raised in this case. The Honorable Denise Hood Page, Chief United States District Judge for the 

Eastern District of Michigan, is presiding over this Lawsuit. The Lawsuit seeks relief on behalf of 

UPS customers nationwide.

In this case, the Named Plaintiff is BleachTech LLC, and it is Class Representative for purposes 

of this Settlement. 

4. Why is there a Settlement? 

Under the proposed Settlement, the Court will not decide the merits of the case in favor of either 

the Plaintiff or UPS. By agreeing to a Settlement, Plaintiff and UPS avoid the significant costs, 

risks, and delays of litigating the Lawsuit. 

This Settlement is the product of extensive arm’s length negotiations between Class Counsel and 

UPS’s Counsel, including utilizing the services of an experienced mediator. Class Counsel 

believes that the proposed Settlement is fair, reasonable, and adequate, and in the best interest of 

the Class. 

WHO IS IN THE SETTLEMENT?

5. How do I know whether I am part of the Settlement? 

The Court has preliminarily certified this case as a class action for settlement purposes only. You 

are a member of the Settlement Class if, from January 1, 2011, through December 29, 2013, you 

tendered to UPS (or you paid for a package to be tendered to UPS if the package was billed to a 

different account than the shipper) a U.S. origin package under contract with UPS with a declared 

value in excess of $300 charged pursuant to UPS’s published non-Retail rates or in excess of $200

charged pursuant to UPS’s published Retail rates. You may have received a postcard or email from

the Settlement Administrator or seen a notice published on the internet if you are a member of the 

Settlement Class.

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Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

If you believe you may be a member of the Settlement Class but did not receive a postcard or email

notice, immediately contact the Settlement Administrator by mail or phone to confirm from a 

review of the applicable records whether you are Settlement Class member. 

THE SETTLEMENT BENEFITS – WHAT YOU GET

6. What does the Settlement provide?

The Settlement provides monetary and non-monetary benefits to the Settlement Class.

Under the Settlement, UPS will make a $4,850,000 payment to a Settlement Common Fund, less 

the amount that will be distributed via account credit. The Settlement Common Fund also includes 

UPS’s separate payment of 50% of settlement administration costs, including notice costs. UPS 

will pay the cash payment initially into an interest-bearing account to be established by the 

Settlement Administrator upon final approval of the Settlement. UPS will issue account credits to 

Class Members with active UPS accounts. The Settlement Administrator will distribute checks to 

Class Members who no longer have an active UPS account. The amounts paid (by check or account 

credit) to each Class Member will be made from the Net Settlement Fund on per claim point basis. 

This means that, based on data supplied from UPS’s records, Class Members will receive two 

claim points for each Covered Package shipped between July 1, 2013, and December 29, 2013. 

Class Members will receive one claim point for each Covered Package shipped between January 1, 

2011, and June 30, 2013. Class Members who do not exclude themselves from the settlement will 

not receive compensation for packages shipped prior to January 1, 2011. The Settlement 

Administrator or UPS will allocate the amount remaining in the Settlement Common Fund after 

payment of attorneys’ fees, litigation expenses, any service awards, and settlement administration 

expenses, to each Class Member based upon such Class Member’s combined claim points relative 

to the total number of claim points. 

Checks issued to Class Members for their settlement payment that remain uncashed after 90 days

will constitute “Unused Class Funds.” Unused Class Funds will be donated to the National 

Consumer Law Center, a § 501(c)(3) non-profit public interest law firm engaged in the 

education, training, and promotion of consumer protection law, including recovery of 

overcharges of consumers by companies, as a cy pres award, or such other suitable non-profit 

organization as recommended by Class Counsel and approved by the Court.

UPS has also agreed to an injunction requiring certain negotiated changes to the language of its 

applicable U.S. Rate and Service Guides for three years. Specifically, all future UPS published 

pricing guides and/or price lists shall include the following text in the “fee” column of its 

Declared Value for Carriage pricing tables:

– Value from $100.01 to $300.00 [fee in dollars]

– Value over $300.00, charge for each 

$100.00 (or portion of $100.00) of the 

total value declared (from $0.00 to total 

value declared)

[fee in dollars]

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3421 Filed 05/16/22 Page 93 of 173
10

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

After the Settlement becomes final, and during the three-year injunctive relief period, UPS may

notify Class Counsel of a proposed change in language or format to reflect changes in the law or 

a change in UPS’s business practices. Font or type size do not require advance notice; nor does a 

change to reflect a change in declared value pricing that does not assess a charge for the first 

increment of protection (currently $100). If Class Counsel timely objects to the proposed change 

and the Parties cannot resolve the dispute, then UPS may seek leave of Court to modify the 

language or pay for the Parties to resolve the dispute through mediation.

Once the Settlement becomes effective, payment will be credited to Class Members’ active 

accounts or paid by check to Class Members with no active accounts.

The above description of the Settlement is only a summary. The governing provisions are set forth 

in the Settlement Agreement, which is available at www.UPSdeclaredvaluesettlement.com. 

7. How will the Settlement be distributed? 

This Settlement provides for a non-reversionary common fund settlement, whose net proceeds 

are to be distributed by the Settlement Administrator and UPS to Class Members. Claims forms 

are not required; however, Class Members may be required reasonably to (1) attest to the number 

of Covered Packages they shipped between January 1, 2011, and June 30, 2013, or (2) verify 

their identity and payment information to the Settlement Administrator if UPS’s records are not 

sufficient to verify the same. 

Class Members with Active Accounts with UPS will receive an account credit. These account 

credits will be issued by UPS no later than 45 days after the Effective Date, as defined in the 

Settlement Agreement available on the website. If such account credits are not applied (used), 

UPS will attempt to refund the unused credits in accordance with UPS’s regular business 

practices as to unused account credits. No unapplied account credits will be retained by UPS.

UPS shall document by amount and Class Member each account credit issued and certify under 

oath or declaration the total amount of such credits within 10 days of issuing the credits.

For Class Members who do not have Active Accounts, the Settlement Administrator shall mail 

checks to each such Class Member for its, his, or her distribution. Distribution checks will be 

good for 90 days after the date on the check.

8. How much will my payment be?

You will receive a share of the Net Settlement Fund on a per claim point basis based on your 

number of Covered Packages shipped during the Class Period relative to the total such Covered 

Packages. Class Members will receive two claim points for each Covered Package shipped 

between July 1, 2013, and December 29, 2013. Class Members will receive one claim point for 

each Covered Package shipped between January 1, 2011, and June 30, 2013. The Settlement 

Administrator will divide the Net Settlement Fund by the total number of claim points earned by 

the Class to determine the value of one claim point (“Claim Point Value”). Each Class Member 

will be entitled to a share of the Net Settlement Fund equal to the number of claims points that 

Class Member is entitled to multiplied by the Claim Point Value. The amount of payment per 

Claim Point Value is unknown at this time.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3422 Filed 05/16/22 Page 94 of 173
11

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

9. When will I Receive my Payment?

The Court will hold a hearing on **[Date], 2021, to decide whether to approve the Settlement. If 

the Court approves the Settlement, there might be appeals. It is always uncertain how any such 

appeal will be resolved, and resolving them can take time, perhaps more than a year. After any 

approval by the Court and assuming that any appeals are decided favorably, it may take several 

months for the Settlement Administrator to pay the ultimate distribution amounts.

10. What rights am I giving up in the Settlement? 

If the Settlement is approved, the Court will enter a judgment. This judgment, when it becomes 

effective, will fully, finally, and forever release all claims asserted or which could have been 

asserted by Class members against UPS and its past or present employees, agents, officers, 

directors, shareholders, insurers, attorneys, advisors, consultants, representatives, parents, 

subsidiaries, affiliates, joint venturers, and divisions, and each of their predecessors, successors, 

heirs, and assigns (the “Released Parties”) based upon the facts alleged in the Complaint. These

claims described above are referred to as the “Released Claims.” Class Members will release 

claims as to packages shipped before December 29, 2013, including before January 1, 2011, but 

not packages shipped after December 29, 2013. See Section 13 of the Settlement Agreement, 

available at www.UPSdeclaredvaluesettlement.com for details of the release. 

THE LAWYERS REPRESENTING YOU 

11. Do I have a lawyer in the case?

Andrew J. McGuinness of Andrew J. McGuinness, Esq., Daniel R. Karon of Karon LLC, and 

Sanford P. Dumain of Milberg Phillips Grossman LLP, represent Plaintiff and the Settlement Class 

(“Class Counsel”). You will not be charged by any lawyers. If you want to be represented by your 

own lawyer, you may hire one at your own expense. 

12. How will the lawyers be paid? 

At the Final Approval Hearing, Class Counsel will apply for an award of attorneys’ fees from the 

Settlement Common Fund, as defined in the Settlement Agreement. The application for attorneys’ 

fees will not exceed 331⁄3 % calculated as a percentage of the total Settlement Common Fund (i.e., 

before deduction of any litigation expenses, settlement administration costs, or other amounts). 

Class Counsel will also seek reimbursement of litigation costs and any settlement administration 

expenses they incur from the Settlement Common Fund. These applications are subject to approval 

by the Court, which may award amounts less that the those requested. 

To date, Class Counsel have not received any payment for their services in prosecuting this case

on behalf of the Class, nor have Class Counsel been reimbursed for their out-of-pocket expenses. 

The fees requested by Class Counsel would compensate Class Counsel for their unpaid efforts

over seven years to achieve this Settlement for the benefit of Class Members and for their risk in 

undertaking this representation on a contingency basis. 

Class Counsel may also seek approval at the Final Approval Hearing for payment of a service

award of up to $5,000 to BleachTech, the Named Plaintiff and Class Representative. Any approved 

attorneys’ fees, expenses, service awards, and one-half of settlement administration costs will be 

paid from the Settlement Common Fund.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3423 Filed 05/16/22 Page 95 of 173
12

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

EXCLUDING YOURSELF FROM THE SETTLEMENT

13. Can I exclude myself from the Settlement? 

Yes. If you exclude yourself (“opt out”), you will not be eligible to receive any credit or cash 

payment and will not be bound by any judgment or release of claims against UPS under the 

Settlement.

To opt out Settlement Class members must submit a timely and valid Request for Exclusion. To 

be timely, the Requests for Exclusion must be emailed or postmarked no later than thirty (30) 

days before the Final Approval Hearing (the “opt-out deadline”). To be valid, a Request for 

Exclusion must: (a) identify the full name and address of the Putative Class Member requesting 

exclusion; (b) be dated and personally signed (original or electronic signatures accepted) by the 

Putative Class Member or responsible individual requesting exclusion, or by a person 

documented to be acting under valid power of attorney, guardianship, or other legal authority to 

sign on behalf of the Putative Class member or his estate; (c) identify the unique ID of the notice 

received or UPS account numbers under which shipments were made (or paid); and (d) contain a 

statement that reasonably indicates a desire to be excluded from the settlement. 

The following statement shall be deemed to meet the requirement of subpart (c) of the preceding 

sentence: “I want to opt out of the Settlement Class certified in the BleachTech v. UPS case.” 

Additionally, the request for exclusion must provide the unique I.D. number contained on a 

postcard or email sent by the Settlement Administrator to the potential Settlement Class member; 

the UPS account number; and the full name and address of the Settlement Class Member. 

Requests for Exclusion that do not meet these requirements will not operate to exclude a Class 

member from the Settlement. Mass or class opt-outs will not be allowed. 

Please mail requests for exclusion to:

UPS Declared Value Settlement Administrator

P O Box XXX

Portland, OR XXXXX-XXXX

Please email requests for exclusion to: _________________________

Only Class members who do not opt out may object to the Settlement.

14. If I do not exclude myself from the Class, can I sue UPS for the same thing later?

No. Unless you exclude yourself from the Class by submitting a timely and valid Request for 

Exclusion as detailed above, you may not bring a lawsuit or claim in any forum asserting any of 

the Released Claims against UPS.

15. If I exclude myself, can I get money from this Settlement?

No. But you will retain any right you may have to bring a lawsuit, to continue to pursue an existing 

lawsuit, or to be part of a different lawsuit asserting a Released Claim against UPS.

OBJECTING TO THE SETTLEMENT

16. How do I tell the Court if I don’t like the Settlement? 

Class Members who do not request exclusion from the Class may object to the Settlement. Class 

Members who choose to object to the settlement must file written notices of intent to object with 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3424 Filed 05/16/22 Page 96 of 173
13

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

the Court and serve copies of any such objection on counsel for the Parties. The written objection 

and supporting papers must: (1) clearly identify the case name and number “BleachTech v. UPS,

Case No. 2:14-cv-12719”; (2) be filed with the Court no later than 30 Days before the Final 

Approval Hearing; (3) be postmarked and mailed to Class Counsel and Defendants’ Counsel at 

the addresses listed in this Notice no later than 30 Days before the Final Approval Hearing, 

(unless the Class Member filed an objection via the Court’s ECF system, such that copies will be 

transmitted electronically to these counsel); (4) set forth the full name, current address, and 

telephone number, and the unique I.D. number assigned by the Settlement Administrator of the 

objecting Class Member; (5) set forth a statement of the position the Class Member wishes to 

assert, including the factual and legal grounds for the position; (6) state whether the Class 

Member intends to appear and requests to be heard, in person or through counsel, at the Final 

Approval Hearing, and set forth the names and a summary of testimony of any witnesses that the 

Class Member might want to call in connection with the objection; (7) provide copies of all 

documents that the Class Member wishes to submit in support of his or her position; (8) provide 

the name(s), address(es) and phone number(s) of any attorney(s) representing the Class Member; 

(9) identify by case name, case number and court each class action settlements objected to by the 

Class Member and his or her counsel (if any) in the last three years; and (10) include the Class 

Member’s signature. If a Class Member, their counsel, or any person with whom they are 

working in bringing the objection has objected to a class action settlement on more than 3 

occasions, the Class Member shall, (i) list all cases in which such objections were filed, and by 

whom; (ii) state the outcome of the objection; (iii) state the amount of money, if any, paid in 

connection with the objection to objector, to their counsel, or to anyone else, including by whom 

such payment was made and whether it was disclosed to the court overseeing the proposed 

settlement. Only objections fulfilling these requirements will be deemed adequate.

The addresses for filing objections with the Court and service on counsel are listed below. Written 

objections must be filed with the Court and mailed to the counsel listed below (postmarked or sent 

via fax or served via the Court’s ECF system) by no later than [Date], 2021:

CLERK OF COURT:

Clerk’s Office

Theodore Levin U.S. Courthouse

231 W. Lafayette Blvd., Room 564

Detroit, MI 48226

CLASS COUNSEL:

Andrew J. McGuinness

ANDREW J. MCGUINNESS, ESQ.

P O Box 7711

Ann Arbor, MI 48107

Fax: (734) 786-9935

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3425 Filed 05/16/22 Page 97 of 173
14

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

Daniel R. Karon

KARON LLC

700 W. St. Clair Ave. Ste. 200

Cleveland, OH 44113

Fax: (216) 241-8175

Sanford P. Dumain

MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC

100 Garden City Plaza, Suite 500

Garden City, NY 11530

Fax: (212) 868-1229

COUNSEL FOR UPS:

Gregory B. Koltun

MORRISON & FOERSTER LLP

707 Wilshire Boulevard

Los Angeles, CA 90017-3543

Fax: (310) 892-5454

UNLESS OTHERWISE ORDERED BY THE COURT, ANY MEMBER OF THE 

SETTLEMENT CLASS WHO DOES NOT OBJECT IN THE MANNER 

DESCRIBED HEREIN WILL BE DEEMED TO HAVE WAIVED ANY 

OBJECTION AND SHALL BE FOREVER FORECLOSED FROM MAKING ANY 

OBJECTION TO THE PROPOSED SETTLEMENT AND THE APPLICATION 

FOR ATTORNEYS’ FEES AND EXPENSES AND SERVICE AWARDS TO THE 

NAMED PLAINTIFF. 

17. What is the difference between objecting and requesting Exclusion?

Objecting is simply telling the Court you do not like something about the proposed Settlement. 

Objecting does not prevent you from participating and recovering money in the Settlement. But

you can object only if you stay in the Settlement Class. Excluding yourself is telling the Court 

that you do not want to be part of the Settlement Class. If you exclude yourself, you have no 

basis to object because the Settlement no longer affects you.

THE COURT’S FINAL APPROVAL HEARING 

18. When and where will the Court decide whether to approve the Settlement? 

The Court will hold a Final Approval Hearing at **[Time, on Date], 2021, at the United States 

District Court for the Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit, Michigan, 

Courtroom No. 716. The Court may schedule the Final Approval Hearing via videoconference or 

teleconference. Check the settlement website for updates.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3426 Filed 05/16/22 Page 98 of 173
15

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

YOU DO NOT NEED TO ATTEND THE FINAL APPROVAL HEARING.

At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If 

there are objections, the Court will consider them. After the Final Approval Hearing, the Court 

will decide whether to approve the Settlement. The Court will also rule on the motions for 

attorneys’ fees and expenses and service award to the Plaintiff. It is unknown how long the hearing 

or these decisions will take. 

19. Do I have to come to the hearing? 

No. Class Counsel will answer any questions the Court may have. You are welcome to attend at 

your own expense. If you file and mail an objection, you do not have to attend the hearing to talk 

about it. If you filed and served on counsel for the Parties your objection on time, it will be before 

the Court when the Court considers whether to approve the Settlement as fair, reasonable, and 

adequate. At your own expense, you may also have your own lawyer attend the Final Approval

Hearing, but such attendance is not necessary. 

20. May I speak at the hearing? 

If you are a member of the Settlement Class and you have filed a timely objection, you may ask 

the Court for permission to speak during the Final Approval Hearing. To do so, you must send a 

letter or other paper called a “Notice of Intention to Appear at Approval Hearing in BleachTech v. 

UPS, Case No. 2:14-cv-12719.” Be sure to include your name, address, telephone number, and 

signature. Your Notice of Intention to Appear must be served on the attorneys listed in Paragraph 

16, above, postmarked no later than **[Date] 2021, and must also be filed with the Clerk of the 

Court no later than **[Date], 2021. 

The Final Approval Hearing may be delayed by the Court without further notice to the Class. If 

you wish to attend the hearing, you should confirm the date and time on the settlement website or 

check with Class Counsel.

IF YOU DO NOTHING

21. What happens if I do nothing at all? 

If you do nothing and you are a Class member, your claims against UPS will be released if the 

Settlement is approved. 

GETTING MORE INFORMATION 

22. How do I get more information? 

This Notice summarizes the proposed Settlement. Full details of the Settlement are set forth in the 

Settlement Agreement. You may read or download a copy of the Settlement Agreement at the 

Settlement website at the URL provided in this Notice, by calling the listed toll-free number, or by 

making a written request and mailing it to the Settlement Administrator. Copies of the Settlement 

Agreement, as well as the motion seeking preliminary approval of the Settlement and the 

Preliminary Approval Order, may be viewed at www.UPSdeclaredvaluesettlement.com. Do not 

call UPS or the Court with questions about the settlement. 

 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3427 Filed 05/16/22 Page 99 of 173
16

Questions? Visit www.UPSdeclaredvaluesettlement.com or call 1-888-XXX-XXXX. 

DO NOT CALL THE COURT as it cannot answer your questions.

DATED: [Date], 2021 By Order of the Court 

Hon. Denise P. Hood

United State District Judge 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3428 Filed 05/16/22 Page 100 of 173
EXHIBIT C

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3429 Filed 05/16/22 Page 101 of 173
UPS Declared Value Settlement Administrator

PO Box _______

[City], [State] [Zip]

Important Notice About a Class Action Settlement

<<BARCODE>>

<<First1>> <<Last1>>

<<CO>>

<<Addr2>>

<<Addr1>>

<<CITY, ST, ZIP>>

<<COUNTRY>>

Legal Notice Legal Notice

If, from January 1, 2011, through December 29, 2013, you shipped directly with UPS a

U.S. origin package with a declared value in excess of $300 pursuant to UPS’s published 

non-Retail rates or in excess of $200 pursuant to UPS’s published Retail rates, you 

might be eligible for a payment from a class action settlement.

A Settlement has been reached in a class action lawsuit 

involving UPS’s charges for its declared value service, 

which covers liability for loss or damage over $100 for 

parcels shipped pursuant to UPS’s published shipping rates.

UPS’s shipping contract allows shippers to increase UPS’s 

liability limit by declaring a higher value and paying an 

additional charge “for each $100.00 (or portion of $100.00) 

of the total value declared.” Plaintiff alleges that from 

January 1, 2011, through December 29, 2013, UPS breached 

its shipping contract with Plaintiff and Class Members by 

applying the incremental charge to the total value that 

shippers declared instead of only to that portion of declared 

value over $100. UPS denies all allegations of wrongdoing. 

The Court has not determined whether the allegations are 

correct.

Who’s Included? The Class includes all persons or entities

who, from January 1, 2011, through December 29, 2013 (the 

“Class Period”), tendered to UPS (or paying party if the 

package was billed to a different account than the shipper)

one or more U.S. origin packages under contract with UPS 

with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 

charged pursuant to UPS’s published Retail rates. Excluded 

from the class are customers who shipped packages through 

The UPS Store franchises or other Third-Party Retailers as 

more fully described in the Settlement Agreement and full 

Notice available at the website below.

What Are the Settlement Terms? UPS has agreed to pay 

$4,850,000 into a Settlement Common Fund and to pay onehalf of the settlement administration expenses, including 

notice costs. The Settlement Common Fund will be used to 

pay costs, expenses, any service award to the Class 

Representative, and attorneys’ fees. UPS has also agreed to 

language changes to its Rate and Service Guides.

How Can I Get a Payment? Payments owed to Class 

Members with an active UPS account will receive an account 

credit. If a Class Member no longer has an active UPS 

account, the payment will be paid by check. Class Members 

do not need to file a claim.

Your Rights May Be Affected. If you do not want to be 

bound by the Settlement, you must exclude yourself by [Date, 

2021]. If you do not exclude yourself, you will release claims 

you may have against UPS as more fully described in the 

PRESORTED

FIRST-CLASS 

MAIL

US POSTAGE

PAID

CITY, ST

PERMIT #000

www.UPSdeclaredvaluesettlement.comttlement.comco1-888-XXX-XXXX

:14-cv-12719-DPH-RSW ECF No. 150, PageID.3430 Filed 05/16/22 Page 102 
Settlement Agreement and full Notice available at the website 

listed below.

If you stay in the Class you may object to the Settlement by 

[Date, 2021]. The full Notice explains how to exclude 

yourself from the Class or object to the Settlement. The Court 

will hold a hearing on [Date, 2021] (subject to change) to 

consider whether to approve the Settlement and request for 

attorneys’ fees of up to one-third of the total Settlement

Common Fund, plus expenses, and a Class Representative 

service award of up to $5,000. You may appear at the hearing, 

either yourself or through an attorney hired by you, but you 

don’t have to. For more information, call 1-888-xxx-xxxx or 

visit www.UPSdeclaredvaluesettlement.com.

:14-cv-12719-DPH-RSW ECF No. 150, PageID.3431 Filed 05/16/22 Page 103 
UPS Declared Value Settlement Administrator

PO Box _______

[City], [State] [Zip]

If, from January 1, 2011, through 

December 29, 2013, you shipped 

directly with UPS a U.S. origin 

package with a declared value in 

excess of $300 pursuant to UPS’s 

published non-Retail rates or in 

excess of $200 pursuant to UPS’s 

published Retail rates, you might 

be eligible for a payment from a 

class action settlement.

Important Notice About a Class Action Settlement

<<MAIL ID>>

<<NAME LINE 1>>

<<NAME LINE 2>>

<<ADDRESS LINE 1>>

<<ADDRESS LINE 2>>

<<CITY, STATE ZIP>>

<<COUNTRY>>

-cv-12719-DPH-RSW ECF No. 150, PageID.3432 Filed 05/16/22 Page 
A Settlement has been reached in a class action 

lawsuit involving UPS’s charges for its declared value 

service, which covers liability for loss or damage 

over $100 for parcels shipped pursuant to UPS’s 

published shipping rates. UPS’s shipping contract 

allows shippers to increase UPS’s liability limit by 

declaring a higher value and paying an additional 

charge “for each $100.00 (or portion of $100.00) of 

the total value declared.” Plaintiff alleges that from 

January 1, 2011, through December 29, 2013, UPS 

breached its shipping contract with Plaintiff and Class 

Members by applying the incremental charge to the 

total value that shippers declared instead of only to 

that portion of declared value over $100. UPS denies 

all allegations of wrongdoing. The Court has not 

determined whether the allegations are correct.

Who’s Included? The Class includes all persons 

or entities who, from January 1, 2011, through 

December 29, 2013 (the “Class Period”), tendered 

to UPS (or paying party if the package was billed to 

a different account than the shipper) one or more 

U.S. origin packages under contract with UPS with a 

declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 

charged pursuant to UPS’s published Retail rates. 

Excluded from the class are customers who shipped 

packages through The UPS Store franchises or other 

Third-Party Retailers as more fully described in the 

Settlement Agreement and full Notice available at the 

website below.

What Are the Settlement Terms? UPS has agreed to 

pay $4,850,000 into a Settlement Common Fund and to 

pay one-half of the settlement administration expenses, 

including notice costs. The Settlement Common Fund 

will be used to pay costs, expenses, any service award 

to the Class Representative, and attorneys’ fees. UPS 

has also agreed to language changes to its Rate and 

Service Guides.

How Can I Get a Payment? Payments owed to Class 

Members with an active UPS account will receive an 

account credit. If a Class Member no longer has an 

active UPS account, the payment will be paid by check. 

Class Members do not need to file a claim. 

Your Rights May Be Affected. If you do not want to 

be bound by the Settlement, you must exclude yourself 

by [Date, 2021]. If you do not exclude yourself, you 

will release claims you may have against UPS as more 

fully described in the Settlement Agreement and full 

Notice available at the website listed below. 

If you stay in the Class you may object to the Settlement 

by [Date, 2021]. The full Notice explains how to exclude 

yourself from the Class or object to the Settlement. The 

Court will hold a hearing on [Date, 2021] (subject to 

change) to consider whether to approve the Settlement 

and request for attorneys’ fees of up to one-third of the 

total Settlement Common Fund, plus expenses, and a 

Class Representative service award of up to $5,000. 

You may appear at the hearing, either yourself or 

through an attorney hired by you, but you don’t have 

to. For more information, call 1-888-xxx-xxxx or visit 

www.UPSdeclaredvaluesettlement.com.

www.UPSdeclaredvaluesettlement.com • 1-888-XXX-XXXX

-cv-12719-DPH-RSW ECF No. 150, PageID.3433 Filed 05/16/22 Page 
EXHIBIT D

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3434 Filed 05/16/22 Page 106 of 173
BleachTech v. UPS

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BleachTech v. UPS

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Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3436 Filed 05/16/22 Page 108 of 173
EXHIBIT E 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3437 Filed 05/16/22 Page 109 of 173
.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH LLC, individually and 

on behalf of all others similarly 

situated,

Plaintiff

v.

UNITED PARCEL SERVICE, INC., an 

Ohio Corporation,

Defendant.

Case No. 14-12719 DPH-RSW

Honorable Denise Page Hood

[PROPOSED] ORDER GRANTING PRELIMINARY

APPROVAL OF CONDITIONAL CLASS ACTION SETTLEMENT

AND DIRECTING CLASS NOTICE

WHEREAS, Plaintiff, BleachTech LLC, and Defendant, United Parcel 

Service, Inc., an Ohio Corporation (the “Parties”) have entered into an Amended

Class Action Settlement Agreement (“Settlement Agreement”) subject to the 

Court’s final approval; 

WHEREAS, Plaintiff has moved pursuant to Rule 23(e), without 

Defendant’s opposition, for preliminary approval of the settlement on a classwide

basis under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3), conditioned 

upon the Court’s final approval; 

WHEREAS, it appears to the Court that the settlement described in the 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3438 Filed 05/16/22 Page 110 of 173
2

Settlement Agreement was the result of extensive arms’-length settlement 

negotiations between the Parties with a neutral mediator;

WHEREAS, Plaintiff asks the Court to conditionally certify the Class as 

defined below for settlement purposes, appoint it as class representative, and 

appoint class counsel; and

WHEREAS, Plaintiff asks this Court to appoint Epiq Class Action & Claims 

Solutions, Inc. as Settlement Administrator to authorize class notice as detailed in 

the moving papers, set a Final Approval Hearing date, and authorize the Parties 

and Epiq Class Action & Claims Solutions, Inc. to take steps to implement the 

settlement subject to final approval and certification of a settlement class;

NOW THEREFORE, the Court hereby orders as follows:

1. Plaintiff’s motion for preliminary approval is granted. The Court 

finds, based on the parties’ submissions, that the Court will likely be able to: 

(i) approve the proposal under Rule 23(e)(2); and (ii) certify the Class for purposes 

of judgment on the proposal.

2. The Court hereby directs the Parties and the Settlement Administrator 

to notify the Class of the proposed settlement pursuant to the notice plan set forth 

in the Settlement Agreement, as highlighted below.

3. Final Approval Hearing. The Final Approval Hearing will be held 

before this Court, [Zoom hearing information to be obtained from Clerk, or] in 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3439 Filed 05/16/22 Page 111 of 173
3

Courtroom ___, at the United States District Court of the Eastern District of 

Michigan, 231 W. Lafayette Blvd., Detroit, Michigan at __:__ _.m. on 

_________, 2021, or such other place, time, and date set by the Court.

4. Unless otherwise provided herein, the terms defined in the Settlement 

Agreement shall have the same meanings in this Order.

5. Class. For settlement purposes only and contingent upon Final 

Approval by this Court, the Court provisionally certifies the following class:

Except as excluded below, all persons or entities who, from January 1, 

2011, through December 29, 2013 (the “Class Period”), tendered to 

UPS (or paying party if the package was billed to a different account 

than the shipper) one or more U.S. origin packages under contract 

with UPS with a declared value in excess of $300 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200 charged 

pursuant to UPS’s published Retail rates.

Specifically excluded from the scope of the Class are any packages with a 

declaration of value that was later voided, any packages shipped under an 

account of a The UPS Store location, and any packages shipped through any 

other Third-Party Retailer (as defined by the July 8, 2013, UPS Tariff/Terms 

and Conditions of Service—United States, attached as Exhibit A to 

Plaintiff’s Amended Complaint) to the extent the claim is asserted by a 

customer of such Third-Party Retailer, which packages will not be deemed 

Covered Packages. Also excluded is any entity in which Defendant has or 

had a controlling interest or that has a controlling interest in Defendant and

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3440 Filed 05/16/22 Page 112 of 173
4

all The UPS Store locations, and all other authorized UPS shipping agents 

and partners, including authorized outlets, to the extent packages were not 

shipped pursuant to a contract with UPS during the Class Period to purchase 

declared value coverage at the rates set forth in the pricing tables published 

in the applicable UPS Service Guide. Also excluded are UPS’s legal 

representatives, assigns, and successors; the Court and any member of its

staff; and any Putative Class Member who timely submitted a valid Request 

for Exclusion or was found by the Court to have adequately opted out of the 

Class.

6. Appointments. The Court appoints BleachTech LLC provisionally as 

Class Representative. The Court appoints Andrew J. McGuinness, Daniel R. 

Karon, and Sanford P. Dumain as interim Class Counsel pursuant to Rule 23(g)(3).

7. Notice. The Court approves Epiq Class Action & Claims Solutions, 

Inc. to serve as Settlement Administrator. Under Class Counsel’s direction and in 

accordance with the Court’s order, the Settlement Administrator will provide 

Notice as provided in the Settlement Agreement, respond to inquiries from 

potential Class Members, and receive Requests for Exclusion. Defendant will pay 

for fifty percent of the Settlement Administrator’s reasonable services and 

expenses in connection with administering the settlement. The remaining fifty 

percent shall be paid from the Settlement Common Fund, subject to review by 

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5

Class Counsel.

8. The Settlement Administrator shall disseminate Notice to the potential 

Class Members by the following means: 

a. For all Class Members for whom Defendant has supplied an 

email address, the Settlement Administrator shall send via 

email a Short Form Notice by [30 days after this order’s entry]

(the “Notice Date”). 

b. The email Short Form Notice shall direct Class Members to the 

Settlement Website, www.UPSdeclaredvaluesettlement.com

where the full Long Form Notice, including opt out instructions 

and electronic Request for Exclusion Form, is available. 

c. For Class Members without an email address on file with 

Defendant or whose Short Form Notice sent via email is 

returned as undeliverable, the Settlement Administrator will

send via United States Mail, First Class postage prepaid, a copy 

of the Postcard Notice by the Notice Date.

d. The Postcard Notice shall direct Class Members to the 

Settlement Website where the full Long Form Notice, including 

opt out instructions and electronic Request for Exclusion Form,

is available. 

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6

e. The Postcard Notice shall be sent to the last addresses provided 

to the Settlement Administrator by UPS. 

f. For Class Members whose Postcard Notices are returned as 

undeliverable, the Settlement Administrator shall use 

commercially reasonable efforts to locate forwarding or 

updated addresses and resend the Postcard Notice to such 

updated addresses. 

g. No later than the Notice Date, the Settlement Administrator

shall implement an Internet publication notice program through 

the Google Display Network for 30 days duration targeting at 

least 14 million impressions. The Publication Notice shall use 

banner advertisements substantially in the form of Exhibit D to 

the Settlement Agreement.

h. Defendant is responsible for notifying the appropriate federal 

and state officials of this Settlement Agreement as required by 

the Class Action Fairness Act of 2005, 28 U.S.C. § 1715.

i. No fewer than 15 days before the Final Approval Hearing, the 

Settlement Administrator shall provide the following 

information to counsel for the Parties:

i. The number of email Short Form Notices sent to 

Putative Class Members;

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ii. The number of Postcard Notices sent to Putative Class 

Members;

iii. The approximate number of visits to the Settlement 

Website from the date of this Order’s entry;

iv. Any information about objections to the settlement 

that the Settlement Administrator has not previously 

forwarded; 

v. Any other tracking information reasonably requested 

by either Party’s counsel; and

vi. A report stating the number of Putative Class 

Members who have submitted timely and valid 

Requests for Exclusion, including a listing of the 

names and addresses of such Opt Outs, and reporting 

the number of claim points allocated to the Putative 

Class Members who have submitted timely and valid 

Requests for Exclusion divided by the total claim 

points available to the Settlement Class, as calculated 

by the Settlement Administrator (the “Exclusion 

Percentage”).

j. Class Counsel shall file the list of Opt-Outs not less than seven 

(7) days before the Final Approval Hearing. Class Counsel’s 

submission shall differentiate between valid Opt-Outs and 

invalid Opt-Outs as determined by the Settlement 

Administrator.

9. The Court finds that the dissemination of Notice in the manner 

described above constitutes reasonable notice and the best notice practicable under 

the circumstances, including individual notice to all members who can be 

identified through reasonable effort, and is consistent with Federal Rule of Civil 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3444 Filed 05/16/22 Page 116 of 173
8

Procedure 23 and the Due Process Clause of the United States Constitution.

10. Opting Out. Putative Class Members who wish to exclude themselves 

from the Class, the Settlement, its benefits, and the release of claims pursuant to 

the Settlement must submit a Request for Exclusion. To be effective, the Request 

for Exclusion must be valid and timely. 

11. To be valid, a Request for Exclusion must:

a. identify the full name and address of the Putative Class 

Member requesting exclusion;

b. be dated and personally signed (original or electronic signatures 

accepted) by the Putative Class Member, responsible individual 

requesting exclusion, or person documented to be acting under 

valid power of attorney, guardianship, or other legal authority 

to sign on behalf of the Putative Class member or his or her 

estate; 

c. contain a statement that reasonably indicates a desire to be 

excluded from the settlement. The following statement meets

this requirement: “I want to opt out of the Settlement Class 

certified in the Bleachtech v. UPS case”; and

d. provide the unique I.D. number contained in the Settlement 

Administrator’s email or postcard sent or the Putative Class 

Member’s UPS account number(s). 

12. To be timely, the Requests for Exclusion must be emailed or 

postmarked no later than 30 days before the Final Approval Hearing (the “opt-out 

deadline”). If the opt-out deadline falls on a Sunday or federal holiday, the 

deadline is the next day that is not a Sunday or federal holiday. 

13. Requests for Exclusion that do not meet these requirements will not 

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9

exclude a Putative Class Member from the Settlement. Mass or class opt-outs are 

not allowed.

14. The Short Form, Postcard, and Long Form Notices shall state the optout deadline. Request for Exclusion Forms shall be available for download from 

the Settlement Website and available by the Settlement Administrator through First 

Class Mail. A Class Member who submits a valid and timely Request for 

Exclusion is not eligible to receive any Settlement Benefit.

15. The Settlement Administrator shall log all Requests for Exclusion and 

shall forward the log to counsel for the Parties by 15 business days after the opt-out 

deadline. 

16. By seven business days after the opt-out deadline, counsel for the 

Parties shall forward to the Settlement Administrator any Requests for Exclusion 

they have received.

17. Objections. Class Members who do not request exclusion from the 

Class may object to the Settlement. Class Members who object must file with the 

Court written notices of their intent to object and must serve copies of their

objection on counsel for the Parties as set forth below. 

18. Any Class Member who submits a valid objection may appear at the 

Final Approval Hearing in person, by video or audio feed if the Court orders, or by 

counsel and may be heard to the extent permitted under applicable law and allowed 

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by the Court concerning the fairness, reasonableness, and adequacy of the 

settlement and Class Counsel’s application for Service Award, attorneys’ fees, and 

reimbursement of costs and expenses. 

19. Class Members must individually exercise their right to object to the 

settlement and, except in the case of a deceased or incapacitated Class Member or 

where a Class Member is represented by counsel, not by another Person acting or 

purporting to act in a representative capacity.

20. To be considered valid, an objection must: 

a. identify the case name and number “BleachTech v. UPS, Case 

No. 2:14-cv-12719”;

b. be filed with the Court no fewer than 30 days before the Final 

Approval Hearing;

c. be postmarked and mailed to counsel for the Parties at the 

addresses listed in the Long Form Notice no fewer than 30 days 

before the Final Approval Hearing (unless the Class Member 

filed an objection via the Court’s ECF system such that copies 

are transmitted electronically to counsel for the Parties); 

d. set forth the full name, current address, telephone number, and 

unique I.D. number of the objecting Class Member assigned by 

the Settlement Administrator;

e. set forth a statement of the position the Class Member wishes to 

assert, including the factual and legal grounds for the position;

f. state whether the Class Member intends to appear and requests 

to be heard in person or through counsel at the Final Approval 

Hearing and state the names of any witnesses the Class Member 

might call in connection with the Objection and summarize 

these witnesses’ testimony;

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g. provide copies to counsel for the Parties of all documents the 

Class Member wishes to submit in support of their position; 

h. provide the names, addresses, and phone numbers of any 

attorneys representing the Class Member; 

i. identify by case name, case number, and court all class action 

settlements objected to by the Class Member and their counsel 

in the last three years; and 

j. include the Class Member’s signature. 

17. If a Class Member, their counsel, or any person with whom they are 

working in bringing the objection has objected to a class action settlement on more 

than three occasions, the Class Member shall:

a. list all cases in which such objections were filed, including by 

whom; 

b. state the outcome of the objection; 

c. state the amount of money, if any, paid in connection with the 

objection to the objector, their counsel, or anyone else, and state

by whom such payment was made and whether it was disclosed 

to the court overseeing the proposed settlement. 

18. Only objections fulfilling the foregoing requirements will be deemed 

adequate.

19. Any Class Member who does not file a timely and adequate notice of 

intent to object in accordance with the foregoing requirements waives the right to 

object or to be heard at the Final Approval Hearing and shall be forever barred 

from making any objection to the settlement. 

20. To the extent any Class Member objects to the settlement and their 

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12

objection is overruled in whole or in part, the Class Member will be forever bound 

by the Judgment of the Court.

21. Counsel for the Parties may seek expedited leave from the Court to 

depose any objector before the scheduled Final Approval Hearing if an objector 

does not agree to an expedited deposition. Counsel for the Parties may also request 

expedited production before the deposition of any nonprivileged materials relevant 

to the objection and proportionate to the needs of this case.

21. Final Approval. Class Counsel shall submit a motion for final 

approval of the settlement by the Court, as well as a motion for attorneys’ fees, 

expenses, and Service Award and any supporting memoranda, declarations, or 

other statements and materials, no later forty-five (45) days before the Final 

Approval Hearing. The Parties may submit supplemental memoranda in support of 

the motions for final settlement approval and attorneys’ fees, expenses, and Service 

Awards no fewer than seven (7) days before the Final Approval Hearing.

22. The Notice to the Class shall contain a date, time, and location of the 

Final Approval Hearing, subject to later change by the Court. A Final Approval 

Hearing will occur seventy-five (75) days from the date the Court enters its order 

granting preliminary approval of the Settlement Agreement but not less than 100 

days after Class Counsel files the Motion for Preliminary Approval of the 

settlement.

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23. At the Final Approval Hearing the Court will consider:

a. the fairness, reasonableness, and adequacy of the settlement and 

whether to approve it; 

b. whether to grant the Injunctive Relief set forth in the Settlement 

Agreement; 

c. whether to retain jurisdiction to enforce the Settlement and to 

dismiss the action with prejudice; and 

d. whether to grant Class Counsel’s application for attorneys’ fees, 

expenses, and Service Awards for the Class Representative.

24. In the event the Settlement Agreement is terminated in accordance 

with its provisions, the settlement shall be null and void, except insofar as 

expressly provided in the Settlement Agreement, and without prejudice to the 

status quo ante rights of the Parties.

25. Summary of Dates. The following chart contains a summary of Dates 

and Deadlines:

Event Date

Defendant causes to be provided to the 

Settlement Administrator an Excel 

spreadsheet of the names and last 

known email addresses and mailing 

addresses of Putative Class Members

(“Class Member List”)1

10 days after the date of this Order.

1 The Settlement Administrator shall maintain the confidentiality of the Class 

Member List, Class Member account data, or other Class Member information and 

shall use the information contained in the Class Member List and other Class 

Member information solely for purposes of implementing this Settlement or as 

directed by the Court. 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3450 Filed 05/16/22 Page 122 of 173
14

Event Date

Deadline for Defendants to fund 

$700,000 of the Settlement Common 

Fund.

15 Days after the date of this Order.

Deadline to disseminate Notice to the 

Class (“Notice Date”)

30 days after the date of this Order.

Plaintiff to File Motion for Final 

Approval and Fee and Cost Application

At least 45 days before the Final 

Approval Hearing.

Last day for objections to settlement or 

opposition to Motion for Final 

Approval and/or Application for Fees, 

Costs, and Service Award

30 days before the Final Approval 

Hearing

Last day for potential Class Members to 

file Requests for Exclusion

30 days before the Final Approval

Hearing.

Counsel for the Parties to forward to the 

Settlement Administrator copies of any 

Requests for Exclusion received by 

them

Seven business days after the Opt-Out 

deadline.

Settlement Administrator to log each 

Request for Exclusion received and 

forward copies of the log and all 

Requests for Exclusion counsel for the 

Parties.

15 business days after the Opt-Out 

deadline.

Settlement Administrator to provide 

counsel for the Parties: (1) number of 

email Short Form Notices it sent to 

Putative Class Members; (2) number of 

Postcard Notices it sent to Putative 

Class Members; (3) approximate 

number of visits to the Settlement 

Website from the date of this Order’s 

entry; (4) any information about 

objections to the settlement that it has 

not previously forwarded; (5) any other 

tracking information reasonably 

requested by either Party’s counsel; (6) 

a report stating the number of Putative 

Class Members who have submitted 

timely and valid Requests for 

15 Days before the Final Approval 

Hearing.

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Event Date

Exclusion, including a listing of the 

names and addresses of such Opt-Outs, 

and reporting the number of claim 

points allocated to the Putative Class 

Members who have submitted timely 

and valid Requests for Exclusion 

divided by the total claim points 

available to the Settlement Class, as 

calculated by the Settlement 

Administrator (the “Exclusion 

Percentage”).

Last day for the Parties to file 

supplemental papers in support of

Motion for Final Approval and/or Fee 

Cost and Service Award Applications

Seven Days before the Final Approval 

Hearing.

Deadline for Class Counsel to file 

report regarding Requests for Exclusion

Seven Days before the Final Approval 

Hearing.

Final Approval Hearing [Date] (75 days from the date of this 

Order but not less than 100 days 

following the filing of Plaintiff’s 

Preliminary Approval Motion).

Defendant to cause the amount 

approved by the Court for attorneys’ 

fees and expenses and the Service 

Award to be paid into the Qualified 

Settlement Fund.

10 Days of the Effective Date, 

“Effective Date” defined as the later of: 

(i) 37 Days after the entry of the 

judgment or entry of the Court’s order 

on attorneys’ fees and costs, whichever 

occurs later, where the time for appeal 

has expired and no appeal has been 

filed; or 

(ii) if any appeal, petition for rehearing, 

motion to reconsider, or other review of 

the judgment has been filed or sought, 

37 Days after the judgment is affirmed 

without substantial or material change 

or the appeal is dismissed or otherwise 

disposed of (unless any substantial or 

material change is accepted by the 

Parties), and no other appeal, petition 

for rehearing, or other review is 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3452 Filed 05/16/22 Page 124 of 173
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Event Date

pending, and the time for further 

appeals, petitions, requests for 

rehearing, or other review has expired; 

or 

(iii) if any appeal, petition for 

rehearing, motion to reconsider, or 

other review of the Court’s order on 

attorneys’ fees and costs has been filed 

or sought, 37 Days after the Court’s 

order on attorneys’ fees and costs is 

resolved, or the appeal is resolved, 

dismissed or otherwise disposed of and 

no other appeal, petition for rehearing 

or other review is pending, and the time 

for further appeals, petitions, requests 

for rehearing or other review has 

expired.

Settlement Administrator to divide the 

Net Settlement Fund by the total 

number of claim points calculated under 

Sections 3.2.1 and 3.2.2 of the 

Settlement Agreement to determine the 

value of one claim point (“Claim Point 

Value”).

10 Days of the Effective Date.

Settlement Administrator to withdraw 

50 percent of its Notice and 

Administration Expenses from the 

Settlement Common Fund.

20 Days of the Effective Date.

Deadline for Settlement Administrator 

to pay Class Counsel Court-approved 

fees, expenses, and Service Award out 

of the Settlement Common Fund.

20 Days of the Effective Date.

Defendant to cause the estimated 

remainder of the Cash Payment to be 

paid into the Qualified Settlement 

Fund—$4,850,000 less amounts 

previously paid to the Qualified 

Settlement Fund and less estimated 

Total Account Credits.

30 days of the Effective Date.

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Event Date

Deadline for Defendant to issue account 

credits.

45 Days after the Effective Date.

Deadline for Defendant to document by 

amount and Class Member each 

account credit issued and certify under 

oath or declaration subject to penalty of 

perjury the total amount of such credits.

10 days after Defendant issues Class 

Members’ credits.

Deadline for Settlement Administrator 

to mail checks.

60 Days after the Effective Date or 

receipt of the mailing addresses from 

Defendant, whichever comes later.

Class Counsel to take steps necessary to 

destroy or erase all documents and data 

provided by Defendant.

Within 60 Days after the Effective 

Date.

Donation of Unused Class Funds (i.e., 

uncashed checks) to the National 

Consumer Law Center, a § 501(c)(3) 

non-profit public interest law firm 

engaged in the education, training, and 

promotion of consumer protection law, 

as cy pres award, or such other suitable 

non-profit organization as 

recommended by Class Counsel and 

approved by the Court.

90 days after checks are mailed.

Injunction expires [Date] (Three years after signing of the 

Settlement Agreement) 

IT IS SO ORDERED.

DATED: __________________, 2021 _________________________

Hon. Denise Page Hood

United States District Judge

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3454 Filed 05/16/22 Page 126 of 173
EXHIBIT 2

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3455 Filed 05/16/22 Page 127 of 173
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH L.L.C., on behalf of itself

and all others similarly situated,

Plaintiff,

vs.

UNITED PARCEL SERVICE, INC.,

Defendant.

Case No. 2:14-cv-12719

Hon. Denise Page Hood

CLASS ACTION

DECLARATION OF CAMERON R. AZARI 

REGARDING IMPLEMENTATION AND ADEQUACY OF NOTICE PROGRAM

I, Cameron Azari, declare as follows:

1. My name is Cameron R. Azari. I have personal knowledge of the matters set forth 

herein, and I believe them to be true and correct.

2. I am a nationally recognized expert in the field of legal notice, and I have served 

as an expert in hundreds of federal and state cases involving class action notice plans. 

3. I am a Senior Vice President with Epiq Class Action & Claims Solutions, Inc. 

(“Epiq”) and the Director of Legal Notice for Hilsoft Notifications (“Hilsoft”); a firm that 

specializes in designing, developing, analyzing, and implementing large-scale legal notification 

plans. Hilsoft is a business unit of Epiq.

4. This declaration will describe the current implementation of the Settlement Notice 

Program (“Notice Program” or “Notice Plan”) here for BleachTech L.L.C. v. United Parcel 

Service Inc., 2:14-cv-12719 in the United States District Court for the Eastern District of 

Michigan. I previously executed my Declaration of Cameron R. Azari, Esq. Regarding Notice 

Program on August 6, 2021, which described the Notice Program, detailed Hilsoft’s class action 

notice experience, and attached Hilsoft’s curriculum vitae. I also provided my educational and 

professional experience relating to class actions and my ability to render opinions on overall 

adequacy of notice programs.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3456 Filed 05/16/22 Page 128 of 173
OVERVIEW

5. On April 10, 2022, the Court approved the Notice Program designed by Hilsoft 

and appointed Epiq as the Settlement Administrator in the Order Granting Preliminary Approval 

of Conditional Class Action Settlement and Directing Class Notice (“Preliminary Approval 

Order”). In the Preliminary Approval Order, the Court provisionally certified the following Class:

[A]ll persons or entities who, from January 1, 2011, through 

December 29, 2013 (the “Class Period”), tendered to UPS (or paying 

party if the package was billed to a different account than the shipper) 

one or more U.S. origin packages under contract with UPS with a 

declared value in excess of $300 charged pursuant to UPS’s published 

non-Retail rates or in excess of $200 charged pursuant to UPS’s 

published Retail rates.

Specifically excluded from the scope of the Class are any packages 

with a declaration of value that was later voided, any packages shipped 

under an account of a The UPS Store location, and any packages 

shipped through any other Third-Party Retailer (as defined by the July 

8, 2013, UPS Tariff/Terms and Conditions of Service—United States, 

attached as Exhibit A to Plaintiff’s Amended Complaint) to the extent 

the claim is asserted by a customer of such Third-Party Retailer, which 

packages will not be deemed Covered Packages. Also excluded is any 

entity in which Defendant has or had a controlling interest or that has 

a controlling interest in Defendant and all The UPS Store locations, 

and all other authorized UPS shipping agents and partners, including 

authorized outlets, to the extent packages were not shipped pursuant 

to a contract with UPS during the Class Period to purchase declared 

value coverage at the rates set forth in the pricing tables published in 

the applicable UPS Service Guide. Also excluded are UPS’s legal 

representatives, assigns, and successors; the Court and any member of 

its staff; and any Putative Class Member who timely submitted a valid 

Request for Exclusion or was found by the Court to have adequately 

opted out of the Class. 

6. After the Court’s Preliminary Approval Order was entered, we began to implement 

the Notice Program. This declaration will detail the notice activities undertaken to date and 

explain how and why the Notice Program was comprehensive and well-suited to the Settlement 

Class. This declaration will also discuss the administration activity to date. The facts in this 

declaration are based on my personal knowledge, as well as information provided to me by my 

colleagues in the ordinary course of my business at Hilsoft and Epiq. 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3457 Filed 05/16/22 Page 129 of 173
NOTICE PROGRAM IMPLEMENTATION

7. Federal Rules of Civil Procedure 23 directs that notice must be the best notice 

practicable under the circumstances.

1

 The Notice Program here satisfied this requirement. It is 

anticipated that the individual notice portion of the Notice Program will reach approximately 90% 

of the identified members of the Settlement Class. The reach will be further enhanced by internet 

banner advertising (currently running) and a Settlement Website, which were not included in the 

estimated reach calculation). In my experience, this reach of the Notice Program is consistent with 

or exceeds other court-approved notice programs, is the best notice practicable under the 

circumstances of this case, and reflects the parties’ “desire to actually inform” class members of 

the settlement.

2

Individual Notice

8. On August 25, 2021, Epiq received four data files with the original data set from

defense counsel, which contained the names and contact information for identified Class 

Members. Epiq deduplicated and rolled-up records where names and addresses were an exact 

match and loaded the identified Class Member records into its database. These efforts resulted in

2,151,648 identified Class Members (2,083,465 that contained valid contact information – a 

complete email address and/or complete mailing address, and 68,183 without a valid email or 

mailing address). In total, Epiq received valid contact information for almost 97% of the Class. 

Of the 2,083,465 records, there were 429,453 identified Class Members with one or more valid 

email address(es) who were sent an Email notice and 1,654,012 identified Class Members with a 

valid mailing address who were sent a Postcard Notice.

1

 Fed. R. Civ. P. 23(c)(2)(B). 

2 Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 315 (1950) (“But when notice is a 

person’s due, process which is a mere gesture is not due process. The means employed must be 

such as one desirous of actually informing the absentee might reasonably adopt to accomplish it. 

The reasonableness and hence the constitutional validity of any chosen method may be defended 

on the ground that it is in itself reasonably certain to inform those affected . . .”).

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3458 Filed 05/16/22 Page 130 of 173
Individual Notice - Email Notice 

9. From April 29, 2022, through May 6, 2022, Epiq sent 883,807 Email Notices to 

all identified Class Members for whom a facially valid email address was available (429,453 

identified Class Members had one or more valid email address(es) that were sent an Email 

Notice). Industry standard best practices were followed for the Email Notice efforts. The Email 

Notice was drafted in such a way that the subject line, the sender, and the body of the message 

overcome SPAM filters and ensure readership to the fullest extent reasonably practicable. For 

instance, the Email Notice used an embedded html text format. This format provided easy to read 

text without graphics, tables, images, attachments, and other elements that could increase the 

likelihood that the message could be blocked by Internet Service Providers (ISPs) and/or SPAM 

filters. 

10. The Email Notices were sent from an IP address known to major email providers 

as one not used to send bulk “SPAM” or “junk” email blasts. Each Email Notice was transmitted 

with a digital signature to the header and content of the Email Notice, which allowed ISPs to 

programmatically authenticate that the Email Notices are from our authorized mail servers. Each 

Email Notice was also transmitted with a unique message identifier. The Email Notice included

an embedded link to the Settlement Website. By clicking the link, recipients were able to easily 

access the Long Form Notice, Settlement Agreement, and other information about the Settlement. 

The Email Notice is included as Attachment 1.

11. If the receiving email server could not deliver the message, a “bounce code” was

returned along with the unique message identifier. For any Email Notice for which a bounce code 

was received indicating that the message was undeliverable for reasons such as an inactive or 

disabled account, the recipient’s mailbox was full, technical auto-replies, etc., at least two 

additional attempts were made to deliver the Notice by email.

12. After completion of the initial Email Notice efforts, 265,982 Email Notices were 

not deliverable.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3459 Filed 05/16/22 Page 131 of 173
Individual Notice – Direct Mail

13. On May 11, 2022, Epiq sent 1,654,012 Postcard Notices to all identified Class 

Members with an associated physical mailing address for whom a valid email address was not 

available or an Email Notice remained undeliverable after multiple attempts. The Postcard Notice

directed the recipients to the Settlement Website where they could access additional information. 

The Postcard Notice was sent via USPS first class mail. The Postcard Notice is included as 

Attachment 2. 

14. Prior to mailing, all mailing addresses provided were checked against the National 

Change of Address (“NCOA”) database maintained by the USPS.3 In addition, the addresses 

were certified via the Coding Accuracy Support System (“CASS”) to ensure the quality of the zip 

code, and verified through Delivery Point Validation (“DPV”) to verify the accuracy of the 

addresses. This address updating process is standard for the industry and for the majority of 

promotional mailings that occur today. 

15. The return address on the Postcard Notice is a post office box that Epiq maintains 

for this case. Postcard Notices returned as undeliverable are re-mailed to any new address 

available through USPS information, or to better addresses that are found using a third-party 

lookup service. Upon successfully locating better addresses, Postcard Notices will be promptly 

re-mailed.

Media Plan 

Targeted Internet Banner Advertising

16. Internet advertising has become a standard component in legal notice programs. 

The internet has proven to be an efficient and cost-effective method to target class members as 

part of providing notice of class certification and/or a settlement for a class action case. According 

3 The NCOA database contains records of all permanent change of address submissions received 

by the USPS for the last four years. The USPS makes this data available to mailing firms and 

lists submitted to it are automatically updated with any reported move based on a comparison 

with the person’s name and known address. 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3460 Filed 05/16/22 Page 132 of 173
to MRI-Simmons syndicated research, 89.5% of adults, aged 18+ in the United States are online.4

17. The Notice Program includes Banner Notices in various sizes (728x90, 300x250, 

300x600, and 970x250), which are currenting being placed on the advertising network, Google 

Display Network. All Banner Notices are running on desktop, mobile, and tablet devices,

distributed and targeted to adults 18+ nationwide. Banner Notices are also targeted (remarketed) 

to people who visit the Settlement Website after clicking on a Banner Notice. 

18. The Internet Banner Notice effort is ongoing. It began on May 9, 2022, and will 

continue through June 8, 2022. The internet Banner Notices will generate approximately 14.5 

million impressions5 when the banner advertising efforts are complete. At the conclusion of the 

internet Banner Notice effort, I will provide a supplemental declaration detailing its completion. 

Examples of the Banner Notices are included as Attachment 3.

Settlement Website, Toll-free Telephone Number, and Postal Mailing Address

19. On April 28, 2022, Epiq established a dedicated Settlement Website with an easy 

to remember domain name (www.UPSDeclaredValueSettlement.com). The Settlement Website 

allows Class Members to obtain detailed information about the case and review key documents, 

including the Long Form Notice, Postcard Notice, Email Notice, Request for Exclusion Form, 

Amended Complaint, Plaintiff’s Unopposed Motion for Preliminary Approval, Preliminary 

Approval Order, and Settlement Agreement, as well as answers to frequently asked questions

(“FAQs”). The website address is displayed prominently on all Notice documents. The Long 

Form Notice is included as Attachment 4. As of May 13, 2022, there have been 5,151 unique 

visitor sessions to the Settlement Website and 7,365 website pages presented.

20. On April 28, 2022, a toll-free telephone number (1-866-991-0730) was established 

4 MRI 2021 Survey of the American Consumer®.

5 The third-party ad management platform, ClickCease was used to audit the digital Banner Notice 

ad placements. This type of platform tracks all Banner Notice ad clicks to provide real-time ad 

monitoring, fraud traffic analysis, blocks clicks from fraudulent sources, and quarantines 

dangerous IP addresses. This helps reduce wasted, fraudulent, or otherwise invalid traffic (e.g., 

ads being seen by ‘bots’ or non-humans, ads not being viewable, etc.).

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3461 Filed 05/16/22 Page 133 of 173
to allow Class Members to call for additional information, listen to answers to FAQs, request that 

a Notice be mailed to them. The toll-free telephone number is displayed prominently on all Notice 

documents as well. During normal business hours, callers also have the option to speak to a 

service agent. The automated telephone system is available 24 hours per day, 7 days per week. 

21. As of May 13, 2022, there have been 221 calls to the toll-free telephone number 

representing 1,668 minutes of use and service agents have handled 114 incoming calls to the tollfree telephone number representing 1,628 minutes of use. 

22. A post office box for correspondence about the case was also established and is 

maintained, allowing Class Members to contact the Settlement Administrator by mail with any 

specific requests or questions. 

Requests for Exclusion and Objections

23. The deadline to request exclusion from the Settlement or to object to the 

Settlement is May 30, 2022. As of May 13, 2022, Epiq has received zero requests for exclusion. 

As of May 13, 2022, I am not aware of any objections to the Settlement. I will provide a 

supplemental declaration to the Court prior to the Final Approval Hearing to provide updated 

information regarding any requests for exclusion and/or objections to the Settlement. 

CAFA Notice

24. On August 30, 2021, Epiq sent 54 CAFA Notice Packages (“CAFA Notice”) on 

behalf of the Defendant, as required by the federal Class Action Fairness Act of 2005 (CAFA), 

28 U.S.C. § 1715. The CAFA Notice was mailed via United States Postal Service (“USPS”) 

certified mail to 53 officials (Attorneys General of each of the 50 states, the District of Columbia, 

Puerto Rico, and the Virgin Islands) and the CAFA Notice was sent via United Parcel Service 

(“UPS”) to the Attorney General of the United States. Details regarding the CAFA Notice mailing 

are provided in the Declaration of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice, 

dated August 31, 2021, which is included as Attachment 5. 

CONCLUSION

25. In class action notice planning, execution, and analysis, we are guided by due 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3462 Filed 05/16/22 Page 134 of 173
process considerations under the United States Constitution, and by case law pertaining to the 

recognized notice standards under Fed. R. Civ. P. 23. This framework directs that the notice plan 

be optimized to reach the class and, in a settlement notice situation such as this, that the notice or 

notice plan itself not limit knowledge of legal rights—nor the ability to exercise other options—

to class members in any way. All of these requirements were met in this case.

26. It is anticipated that the individual notice portion of the Notice Program will reach

approximately 90% of the identified Class Members. The reach will be further enhanced by

internet banner advertising and a Settlement Website. In 2010, the Federal Judicial Center issued 

a Judges’ Class Action Notice and Claims Process Checklist and Plain Language Guide. This 

Guide states that, “the lynchpin in an objective determination of the adequacy of a proposed notice 

effort is whether all the notice efforts together will reach a high percentage of the class. It is 

reasonable to reach between 70–95%.”6

 Here, we have developed and are currently implementing

a Notice Program that will readily achieve a reach at the highest end of that standard.

27. The Notice Program followed the guidance for how to satisfy due process 

obligations that a notice expert gleans from the United States Supreme Court’s, which is to: a) 

endeavor to actually inform the class, and b) demonstrate that notice is reasonably calculated to 

do so:

A. “But when notice is a person’s due, process which is a mere gesture 

is not due process. The means employed must be such as one desirous 

of actually informing the absentee might reasonably adopt to 

accomplish it,” Mullane v. Central Hanover Trust, 339 U.S. 306, 315 

(1950).

B. “[N]otice must be reasonably calculated, under all the circumstances, 

to apprise interested parties of the pendency of the action and afford 

them an opportunity to present their objections,” Eisen v. Carlisle & 

Jacquelin, 417 U.S. 156 (1974) citing Mullane at 314.

28. As a factual manner, based upon my and Epiq’s detailed work in this case, the 

6 FED. JUDICIAL CTR, JUDGES’ CLASS ACTION NOTICE AND CLAIMS PROCESS 

CHECKLIST AND PLAIN LANGUAGE GUIDE 3 (2010), available at 

https://www.fjc.gov/content/judges-class-action-notice-andclaims-process-checklist-and-plainlanguage-guide-0.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3463 Filed 05/16/22 Page 135 of 173
Notice Program described in this declaration provides for the best notice practicable under the 

circumstances of this case consistent with Rule 23 and the guidance for effective notice set out in 

the Manual for Complex Litigation, Fourth.

29. The Notice Program schedule affords sufficient time to provide full and proper 

notice to Class Members before the exclusion request and objection deadlines.

30. I will provide a supplemental declaration to the Court prior to the Final Approval 

Hearing, which will provide updated notice and settlement administration statistics.

I declare under penalty of perjury of the laws of the United States that the foregoing is 

true and correct. Executed on May 16, 2022, at Beaverton, Oregon.

_____________________________

 Cameron R. Azari

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3464 Filed 05/16/22 Page 136 of 173
Attachment 1 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3465 Filed 05/16/22 Page 137 of 173
FDTTTTTFTTTDDADATDFFTFFFFATDTTFTFTFAFFATATFTADDFDFDFAFFDFTDTFADAT

1

1

Unique ID: 

-cv-12719-DPH-RSW ECF No. 150, PageID.3466 Filed 05/16/22 Page 
-cv-12719-DPH-RSW ECF No. 150, PageID.3467 Filed 05/16/22 Page 
Attachment 2 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3468 Filed 05/16/22 Page 140 of 173
BleachTech v. UPS Settlement Notice

Settlement Administrator (No Reply) <notice@upsdeclaredvaluesettlement.com>

Tue 4/19/2022 9:40 AM

To:

Email Notice

If, from January 1, 2011, through December 29, 2013, you shipped directly with UPS a

U.S. origin package with a declared value in excess of $300.00 pursuant to UPS’s

published non-Retail rates or in excess of $200.00 pursuant to UPS’s published Retail

rates, you might be eligible for a payment from a class action settlement.

A settlement has been reached in a class action lawsuit involving UPS’s charges for its declared value

service, which covers liability for loss or damage over $100.00 for parcels shipped pursuant to UPS’s

published shipping rates. UPS’s shipping contract allows shippers to increase UPS’s liability limit by

declaring a higher value and paying an additional charge “for each $100.00 (or portion of $100.00) of

the total value declared.” Plaintiff alleges that from January 1, 2011, through December 29, 2013, UPS

breached its shipping contract with Plaintiff and Class Members by applying the incremental charge to

the total value that shippers declared instead of only to that portion of declared value over $100.00.

UPS denies all allegations of wrongdoing. The Court has not determined whether the allegations are

correct.

Who’s Included? The Class includes all Persons or entities who, from January 1, 2011, through

December 29, 2013 (the “Class Period”), tendered to UPS (or paying party if the package was billed to

a different account than the shipper) one or more U.S. origin packages under contract with UPS with a

declared value in excess of $300.00 charged pursuant to UPS’s published non-Retail rates or in excess

of $200.00 charged pursuant to UPS’s published Retail rates. Excluded from the class are customers

who shipped packages through The UPS Store franchises or other Third-Party Retailers as more fully

described in the Settlement Agreement and full Notice available at the website here.

What Are the Settlement Terms? UPS has agreed to pay $4,850,000.00 into a Settlement Common

Fund and to pay one-half of the settlement administration expenses, including notice costs. The

Settlement Common Fund will be used to pay costs, expenses, any Service Award to the Class

Representative, and attorneys’ fees. UPS has also agreed to language changes to its Rate and Service

Guides.

How Can I Get a Payment? Payments owed to Class Members with an active UPS account will

receive an account credit. If a Class Member no longer has an active UPS account, the payment will be

paid by check. Class Members do not need to file a claim.

Your Rights May Be Affected. If you do not want to be bound by the Settlement, you must exclude

yourself by May 30, 2022. If you do not exclude yourself, you will release claims you may have against

UPS as more fully described in the Settlement Agreement and full Notice available at the website here.

If you stay in the Class, you may object to the Settlement by May 30, 2022. The full Notice explains

how to exclude yourself from the Class or object to the Settlement. The Court will hold a hearing on

June 28, 2022 (subject to change) to consider whether to approve the Settlement and request for

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3469 Filed 05/16/22 Page 141 of 173
attorneys’ fees of up to one-third of the total Settlement Common Fund, plus expenses, and a Class

Representative Service Award of up to $5,000.00. You may appear at the hearing, either yourself or

through an attorney hired by you, but you don’t have to. For more information, call 1-866-991-0730 or

visit UPSDeclaredValueSettlement.com.

Unique ID: 

AE696_v04

To unsubscribe from this list, please click on the following link: Unsubscribe

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3470 Filed 05/16/22 Page 142 of 173
Attachment 3 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3471 Filed 05/16/22 Page 143 of 173



Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3475 Filed 05/16/22 Page 147 of 173
Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3476 Filed 05/16/22 Page 148 of 173
Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3477 Filed 05/16/22 Page 149 of 173


Attachment 4 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3480 Filed 05/16/22 Page 152 of 173
AE5621 v.11

1

Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Southern Division

BLEACHTECH L.L.C., on behalf of itself and all others 

similarly situated,

Plaintiff,

vs.

UNITED PARCEL SERVICE, INC., an Ohio 

Corporation,

Defendant.

Case No. 2:14-cv-12719

Hon. Denise Page Hood

CLASS ACTION

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT,

FINAL APPROVAL HEARING, AND MOTION FOR

ATTORNEYS’ FEES AND REIMBURSEMENT OF EXPENSES

This notice (“Notice”) advises you of the proposed Class Action Settlement (“Settlement”) of the class action lawsuit, 

Bleachtech LLC v. United Parcel Service, Case No. 2:14-cv-12719 (E.D. Mich.) (“Lawsuit”). In the Lawsuit, Plaintiff 

seeks relief on behalf of itself and all persons or entities who, from January 1, 2011, through December 29, 2013, 

tendered to UPS (or paying party if the package was billed to a different account than the shipper) one or more 

U.S. origin packages under contract with UPS with a declared value in excess of $300.00 charged pursuant to 

UPS’s published non-Retail rates or in excess of $200.00 charged pursuant to UPS’s published Retail rates. In such 

instances, Plaintiff alleges UPS breached its and Class Members’ shipping contracts by overcharging them for the 

first $100.00 of declared value for such shipments. UPS denies all allegations of wrongdoing.

Plaintiff’s claims (“Class Claims”) are described more fully below. You may have received a postcard notice or email 

if UPS’s records reflect that you are a member of the proposed Settlement Class (defined below).

PLEASE READ THIS NOTICE CAREFULLY.

A FEDERAL COURT AUTHORIZED THIS NOTICE.

THIS IS NOT A SOLICITATION.

YOU HAVE NOT BEEN SUED.

This case concerns UPS’s shipping contract where a shipper, like Plaintiff, purchased additional protection for loss or 

damage beyond the $100.00 protection provided by UPS without additional charge. UPS’s shipping contract allows 

shippers to increase UPS’s liability beyond $100.00 by declaring a higher value and paying an additional incremental 

charge “for each $100.00 (or portion of $100.00) of the total value declared.” Plaintiff alleges that from January 1, 2011, 

through December 29, 2013, UPS breached its shipping contract with Plaintiff and Class Members by applying the 

incremental charge to the total value that Plaintiffs declared instead of only to that portion of declared value over $100.00.

UPS maintains it did not breach its contracts with Plaintiff and Class Members and denies all allegations of 

wrongdoing. The Court has not determined whether the allegations made by Plaintiffs are correct.

To resolve the Lawsuit, UPS has agreed to pay as part of a Settlement Common Fund $4,850,000.00, and to pay 

one half of the settlement administration expenses, including notice costs. Class Members who do not exclude 

themselves from the Settlement will be paid from the Net Settlement Fund, via checks to Class Members without 

active UPS accounts and via credits to Class Members with active UPS accounts. As part of the Settlement, UPS will 

also stipulate to injunctive relief in the form of changes to language in its applicable U.S. Rate and Service Guides 

for three years.

The Settlement resolves all claims against UPS and applies to all members of the Class who do not exclude 

themselves from the Class by the opt-out deadline.

The Court in charge of the case still must decide whether to approve the Settlement. The payments and other settlement 

terms described above will happen only if the Court approves the Settlement and that approval is upheld if there are 

any appeals. This process is explained in greater detail below.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3481 Filed 05/16/22 Page 153 of 173
AE5622 v.11

2

Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

Your legal rights are affected if you are a member of the Settlement Class, whether or not you act.

“Settlement Class” means: Except as excluded below, all persons or entities who, from January 1, 2011, through 

December 29, 2013 (the “Class Period”), tendered to UPS (or paying party if the package was billed to a different 

account than the shipper) one or more U.S. origin packages under contract with UPS with a declared value in excess 

of $300.00 charged pursuant to UPS’s published non-Retail rates or in excess of $200.00 charged pursuant to UPS’s 

published Retail rates.

The Settlement Class excludes

a. any shipments with a declaration of value that was later voided;

b. any packages shipped under an account of a The UPS Store;

c. any entity in which UPS has or had a controlling interest or which has a controlling interest in UPS;

d. The UPS Store locations, and all other UPS Third-Party Retailers, including authorized shipping outlets, 

to the extent their packages were not shipped pursuant to a contract with UPS during the Class Period 

to purchase declared value coverage at the rates set forth in the pricing tables published in the applicable 

UPS Service Guide;

e. UPS’s legal representatives, assigns, and successors;

f. the Court and any member of its staff; and

g. any Putative Class Member who timely submits a valid Request for Exclusion or is found by the Court 

to have adequately opted out of the Class.

Identification of Other Key Terms: This Notice contains summary information with respect to the Settlement. 

The terms and conditions of the Settlement are set forth in the Settlement Agreement signed by the parties 

(the “Settlement Agreement”). The Settlement Agreement, and additional information with respect to the Lawsuit 

and the Settlement, is available at UPSDeclaredValueSettlement.com. If you do not have access to the Internet, 

you may obtain a copy of the Settlement Agreement by writing to the Settlement Administrator at the address below.

Reasons for the Settlement: The Settlement resolves all claims in the Lawsuit against UPS regarding UPS’s charges 

for protection for the first $100.00 of declared value for carriage. The Settlement is not, and should not be construed 

as, an admission of any fault or liability whatsoever by UPS, which continues to deny all allegations of wrongdoing. 

The Plaintiff and Class Counsel believe the proposed Settlement is fair, reasonable, and adequate and is in the best 

interests of the Settlement Class. The Plaintiff and Class Counsel believe the Settlement provides substantial benefits 

to all Settlement Class Members as compared to the risks, significant litigation costs, and delays of proceeding with 

the Lawsuit.

Identification of Settlement Administrator and Class Counsel: The Settlement Administrator is Epiq Class Action 

& Claims Solutions, Inc. You should first try to answer any questions you may have about the Settlement or the Lawsuit 

by reviewing the information available on the website for this Settlement, UPSDeclaredValueSettlement.com, or by 

calling 1-866-991-0730. You can also write to the Settlement Administrator at the following address:

UPS Declared Value Settlement Administrator

P.O. Box 5370

Portland, OR 97228-5370

The Court has preliminarily appointed the following attorneys as Class Counsel: Andrew J. McGuinness of Ann 

Arbor, Michigan; Daniel R. Karon of Cleveland, Ohio; and Sanford P. Dumain of Garden City, New York.

Please do not contact the Court about this Settlement; its personnel will not be able to answer your questions.

PLEASE READ THIS NOTICE CAREFULLY. IF YOU ARE A MEMBER OF THE 

SETTLEMENT CLASS TO WHOM THE POSTCARD OR EMAIL NOTICE WAS ADDRESSED, 

THE SETTLEMENT WILL AFFECT YOUR RIGHTS. YOU ARE NOT BEING SUED, YOU DO 

NOT HAVE TO APPEAR IN COURT, AND YOU DO NOT HAVE TO HIRE AN ATTORNEY, 

ALTHOUGH YOU MAY HIRE AN ATTORNEY AT YOUR OWN EXPENSE IF YOU SO 

CHOOSE. IF YOU ARE IN FAVOR OF THE SETTLEMENT, YOU NEED NOT DO ANYTHING 

TO RECEIVE YOUR SETTLEMENT BENEFITS. IF YOU DISAPPROVE, YOU MAY OBJECT 

TO THE SETTLEMENT PURSUANT TO THE PROCEDURES DESCRIBED BELOW.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3482 Filed 05/16/22 Page 154 of 173
AE5623 v.11

3

Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

ACTIONS YOU MAY TAKE IN THE SETTLEMENT 

NO ACTION IS NECESSARY. If you want to remain in the Settlement Class and do not wish to object to the 

Settlement, you do not need to do anything.

YOU CAN OPT OUT BY

MAY 30, 2022.

If you do not want to be part of the Settlement Class or to participate in the 

Settlement, you can exclude yourself (“opt out”) by following the instructions 

below. You must opt out by the deadline to preserve claims you may have against 

UPS that are being released or resolved as part of the Settlement.

CLASS MEMBERS CAN 

OBJECT NO LATER THAN 

MAY 30, 2022. 

If do not opt out and you wish to object to any part of the Settlement, you can 

write to the Court and explain why you do not like the Settlement.

CLASS MEMBERS CAN 

ATTEND THE HEARING ON 

JUNE 28, 2022, BY FILING 

A NOTICE OF INTENTION TO 

APPEAR NO LATER THAN 

MAY 30, 2022. 

If you have not opted out and have submitted a written objection to the Court, you 

can ask to address the Court about the fairness of the Settlement during the Final 

Approval Hearing. You may enter your appearance in Court through an attorney 

(at your own expense) if you wish.

WHAT THIS NOTICE CONTAINS 

SUMMARY OF SETTLEMENT .................................................................................................................................4

BASIC INFORMATION .............................................................................................................................................5

1. Why did I get the postcard or email notice?.............................................................................................. 5

2. What is the Lawsuit about? What has happened so far?........................................................................... 5

3. Why is this case a class action?................................................................................................................. 6

4. Why is there a settlement?......................................................................................................................... 6

WHO IS IN THE SETTLEMENT?...............................................................................................................................6

5. How do I know whether I am part of the Settlement? .............................................................................. 6

THE SETTLEMENT BENEFITS – WHAT YOU GET ...................................................................................................6

6. What does the Settlement provide? ........................................................................................................... 6

7. How will the Settlement be distributed?....................................................................................................7

8. How much will my payment be?............................................................................................................... 8

9. When will I receive my payment?............................................................................................................. 8

10. What rights am I giving up in the Settlement?.......................................................................................... 8

THE LAWYERS REPRESENTING YOU.....................................................................................................................8

11. Do I have a lawyer in the case?................................................................................................................. 8

12. How will the lawyers be paid? .................................................................................................................. 8

EXCLUDING YOURSELF FROM THE SETTLEMENT ...............................................................................................9

13. Can I exclude myself from the Settlement? .............................................................................................. 9

14. If I do not exclude myself from the Class, can I sue UPS for the same thing later? ................................ 9

15. If I exclude myself, can I get money from this Settlement?...................................................................... 9

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3483 Filed 05/16/22 Page 155 of 173
AE5624 v.11

4

Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

OBJECTING TO THE SETTLEMENT .........................................................................................................................9

16. How do I tell the Court if I don’t like the Settlement?.............................................................................. 9

17. What is the difference between objecting and requesting exclusion? ..................................................... 10

THE COURT’S FINAL APPROVAL HEARING ........................................................................................................ 11

18. When and where will the Court decide whether to approve the Settlement? .......................................... 11

19. Do I have to attend the hearing? .............................................................................................................. 11

20. May I speak at the hearing? ..................................................................................................................... 11

IF YOU DO NOTHING............................................................................................................................................. 11

21. What happens if I do nothing at all? ........................................................................................................ 11

GETTING MORE INFORMATION .......................................................................................................................... 11

22. How do I get more information? .............................................................................................................. 11

As discussed more fully below, the Lawsuit was filed against UPS in federal district court in Detroit, Michigan. The 

named plaintiff (“Named Plaintiff” or “Class Representatives”) is BleachTech LLC.

A copy of the Amended Complaint and other documents relevant to this Settlement are available at 

UPSDeclaredValueSettlement.com.

SUMMARY OF SETTLEMENT

The Settlement Class is defined above, and generally consist of all persons or entities who, from January 1, 2011, 

through December 29, 2013 (the “Class Period”), tendered to UPS (or paying party if the package was billed to a 

different account than the shipper) one or more U.S. origin packages under contract with UPS with a declared value 

in excess of $300.00 charged pursuant to UPS’s published non-Retail rates or in excess of $200.00 charged pursuant 

to UPS’s published Retail rates. The Settlement provides monetary benefits to the Settlement Class of $4,850,000.00 

into a Settlement Common Fund, and UPS will also pay one half of the settlement administration and notice costs. 

In addition, the Settlement provides changes to the language of UPS’s U.S. Rate and Service Guide’s pricing tables 

for at least three years.

Class Counsel believe the Settlement provides substantial benefits to the Class. UPS disputes that it has overcharged 

under the language of its U.S. Rate and Service Guides, and a jury might agree. Moreover, UPS asserts that only 

claims dating back 180 days or less from December 29, 2013, potentially qualify for Plaintiff’s claim as opposed to 

those dating back to January 1, 2011, which is the scope of the Settlement Class.

As with any litigation, the Parties would face an uncertain outcome if the case were to continue. Continued litigation 

of this case may result in a judgment or verdict greater or less than the recovery under the Settlement Agreement, or 

result in no recovery at all. Throughout the Lawsuit, Plaintiff and UPS have disagreed on liability and damages. UPS 

denies all allegations of wrongdoing. Plaintiff disagrees.

Class Counsel represent that, among other things, (1) they have conducted an extensive investigation into the facts, 

circumstances, and legal issues associated with the allegations made in this case; (2) they believe, based on the risks 

of litigation, the time necessary to achieve a complete resolution through litigation, the complexity of the claims 

set forth in the Amended Complaint, and the benefit accruing to Class Members under the Settlement, that the 

Settlement will provide a substantial benefit to the Settlement Class, and that, when that benefit is weighed against 

the risks of continuing the Litigation, the Settlement represents a reasonable, fair, and adequate resolution of the 

claims presented; and (3) they believe the Settlement will provide the Settlement Class with much of the benefits and 

protections they would have received if the case were litigated to a conclusion and Plaintiff prevailed.

UPS has denied, and continues to deny, the validity of all claims asserted in the Amended Complaint. The Settlement 

is not evidence of liability of any type. Plaintiff, on the other hand, continues to deny the validity of all defenses 

asserted by UPS. Nevertheless, the Parties have taken into account the uncertainty and risks inherent in the Lawsuit 

and have concluded that it is desirable that the Lawsuit be fully and finally settled on the terms and conditions set 

forth in the Settlement Agreement solely to avoid further risk, significant cost, expense, and time associated with 

continued litigation.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3484 Filed 05/16/22 Page 156 of 173
AE5625 v.11

5

Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

BASIC INFORMATION

1. Why did I get the postcard or email notice? 

If you received a postcard or email or learned of one addressed to you associated with this class action, then according 

to UPS’s records during the Class Period you contracted with UPS to ship one or more packages on which you 

purchased additional protection for loss or damage from UPS over $100.00 and are a member of the Settlement Class 

(or paid charges for such packages).

The Court has directed that postcard and/or email notice be sent to you, and that this Class Notice be made available 

to you because as a potential member of the Settlement Class, you have a right to know about the proposed Settlement 

before the Court decides whether to approve it. If the Court approves the Settlement, and all related objections and 

appeals are favorably resolved, UPS will provide to the Class the $4,8500,000.00 and additional monetary relief in 

the form of payment of one half of settlement administration and notice costs, as described in this Class Notice and 

as detailed in the Settlement Agreement.

This Notice explains generally the case, the Settlement, and your legal rights. It also informs you of a hearing 

(the “Final Approval Hearing”) to be held by the Court to consider the fairness, reasonableness, and adequacy of 

the proposed Settlement and to consider Class Counsel’s application for their attorneys’ fees and reimbursement of 

litigation expenses, as well as an application for any Service Awards for the Class Representative.

The Final Approval Hearing will be held at 10:00 a.m. on June 28, 2022, before the Honorable Denise Page Hood, 

Courtroom 218, in the United States District Court for the Eastern District of Michigan, Theodore Levin U.S. 

Courthouse, 231, W. Lafayette Blvd., Detroit, Michigan. The Court may schedule the hearing via video conference 

or teleconference. At or following the hearing, the Court will determine

(a) whether the Settlement Class should be certified as a class under the requirements of Federal Rules of 

Civil Procedure 23;

(b) whether the Settlement Class has received adequate notice of the Settlement to satisfy due process;

(c) whether the requirements of the Class Action Fairness Act have been satisfied;

(d) whether the Settlement Agreement is fair, reasonable, and adequate and should be approved by the Court; 

(e) whether final judgment approving the Settlement Agreement should be entered;

(f) whether to grant a Service Award to Plaintiff as the Class Representative, and, if so, the amount; and

(g) whether to award attorneys’ fees and litigation expenses to counsel who represent members of the 

Settlement Class and, if so, in what amounts.

This Notice is not an expression of the Court’s opinion on the merits of any claim in this case, and the Court still 

needs to decide whether to approve the Settlement. If the Court approves the Settlement, the payments by UPS 

described above will be made after all related appeals, if any, are favorably resolved. It is always uncertain whether 

such appeals can be favorably resolved, and resolving them can take time, perhaps more than a year.

2. What is the Lawsuit about? What has happened so far? 

On July 11, 2014, plaintiffs Joe Solo and BleachTech filed a putative class action complaint against UPS in the United 

States District Court for the Eastern District of Michigan, Case No. 2:14-cv-12719. On December 30, 2020, with leave 

of Court, BleachTech filed an Amended Complaint that excluded Joe Solo as a party, and Mr. Solo is not party to the 

Settlement Agreement between Plaintiff BleachTech and UPS.

Plaintiff’s Amended Complaint alleges that UPS breached its contracts with Plaintiff and Class Members and seeks 

compensatory, declaratory, and injunctive relief. Plaintiff seeks relief on behalf of itself and all persons or entities 

who, during the Class Period, tendered to UPS (or paying party if the package was billed to a different account 

than the shipper) one or more U.S. origin packages under contract with UPS with a declared value in excess of 

$300.00 charged pursuant to UPS’s published non-Retail rates or in excess of $200.00 charged pursuant to UPS’s 

published Retail rates. In such instances, Plaintiff alleges UPS breached its and Class Members’ shipping contracts 

by overcharging them for the first $100.00 of declared value for such shipments. UPS denies Plaintiff’s allegations 

and denies that it committed any wrongdoing.

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

The Parties and Class Counsel have been actively engaged in this and related litigation for approximately eight years. 

UPS has filed several motions to dismiss Plaintiff’s claims. Three appeals to the United States Court of Appeals 

for the Sixth Circuit have occurred. The Parties have taken depositions. Written discovery has also occurred, and 

counsel for the Parties have engaged in and attempted to resolve numerous discovery disputes related to written 

discovery. Counsel for both sides have reviewed voluminous documents produced in response to their contentious 

discovery requests. The discovery process has involved substantial expense to UPS in its gathering and review of 

documents and electronically stored information.

The Parties participated in three mediation sessions before the Hon. Gerald E. Rosen (Ret.), on June 27, 2018, 

June 26, 2020, and September 1, 2020. At the third session, the Parties reached an agreement in principle to settle the 

Litigation on the terms set forth in the Settlement Agreement. This process led to a Settlement Agreement signed by 

the Parties on August 20, 2021.

The Settlement is the product of intensive, arm’s length negotiations between Class Counsel and UPS’s Counsel, with 

the assistance of an experienced third-party mediator.

3. Why is this case a class action? 

In a class action, one or more plaintiffs, called “named plaintiff,” or (where a class is certified) “class representative,” 

sue on behalf of people who have similar claims. In this case, the Court has determined that it will likely be able to 

certify the Settlement Class at or after the Final Approval Hearing. The Class Representative (Named Plaintiff) is 

seeking relief on behalf of the Settlement Class. All the individuals on whose behalf the Class Representative is suing 

are “Class Members,” and they are also referred to in this Notice as members of the Settlement Class. If the Court 

approves the proposed Settlement, it will resolve the claims of all Class Members on the issues raised in this case. 

The Honorable Denise Hood Page, United States District Judge for the Eastern District of Michigan, is presiding over 

this Lawsuit. The Lawsuit seeks relief on behalf of UPS customers nationwide.

In this case, the Named Plaintiff is BleachTech LLC, and it is Class Representative for purposes of this Settlement.

4. Why is there a settlement? 

Under the proposed Settlement, the Court will not decide the merits of the case in favor of either the Plaintiff or UPS. 

By agreeing to a Settlement, Plaintiff and UPS avoid the significant costs, risks, and delays of litigating the Lawsuit.

This Settlement is the product of extensive arm’s length negotiations between Class Counsel and UPS’s Counsel, 

including utilizing the services of an experienced mediator. Class Counsel believes that the proposed Settlement is 

fair, reasonable, and adequate, and in the best interest of the Class.

WHO IS IN THE SETTLEMENT?

5. How do I know whether I am part of the Settlement?

The Court has preliminarily certified this case as a class action for settlement purposes only. You are a member of 

the Settlement Class if, from January 1, 2011, through December 29, 2013, you tendered to UPS (or you paid for a 

package to be tendered to UPS if the package was billed to a different account than the shipper) a U.S. origin package 

under contract with UPS with a declared value in excess of $300.00 charged pursuant to UPS’s published non-Retail 

rates or in excess of $200.00 charged pursuant to UPS’s published Retail rates. You may have received a postcard 

or email from the Settlement Administrator or seen a notice published on the internet if you are a member of the 

Settlement Class.

If you believe you may be a member of the Settlement Class but did not receive a postcard or email notice, immediately 

contact the Settlement Administrator by mail or phone to confirm from a review of the applicable records whether 

you are Settlement Class Member.

THE SETTLEMENT BENEFITS – WHAT YOU GET

6. What does the Settlement provide?

The Settlement provides monetary and non-monetary benefits to the Settlement Class.

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

Under the Settlement, UPS will make a $4,850,000.00 payment to a Settlement Common Fund, less the amount that 

will be distributed via account credit. The Settlement Common Fund also includes UPS’s separate payment of 50% 

of settlement administration costs, including notice costs. UPS will pay the cash payment initially into an interestbearing account to be established by the Settlement Administrator upon final approval of the Settlement. UPS will 

issue account credits to Class Members with active UPS accounts. The Settlement Administrator will distribute 

checks to Class Members who no longer have an active UPS account. The amounts paid (by check or account credit) 

to each Class Member will be made from the Net Settlement Fund on per claim point basis. This means that, based on 

data supplied from UPS’s records, Class Members will receive two claim points for each Covered Package shipped 

between July 1, 2013, and December 29, 2013. Class Members will receive one claim point for each Covered Package 

shipped between January 1, 2011, and June 30, 2013. Class Members who do not exclude themselves from the 

settlement will not receive claim points for packages shipped prior to January 1, 2011. The Settlement Administrator 

will allocate the amount remaining in the Settlement Common Fund, after payment of attorneys’ fees, litigation 

expenses, any Service Awards, and settlement administration expenses, to each Class Member based upon such 

Class Member’s combined claim points relative to the total number of claim points.

Checks issued to Class Members for their settlement payments that remain uncashed after 90 days will constitute 

“Unused Class Funds.” Unused Class Funds will be donated to the National Consumer Law Center, a § 501(c)(3) 

nonprofit public interest law firm engaged in the education, training, and promotion of consumer protection law, 

including recovery of overcharges of consumers by companies, as a cy pres award, or such other suitable nonprofit 

organization as recommended by Class Counsel and approved by the Court.

UPS has also agreed to an injunction requiring certain negotiated changes to the language of its applicable U.S. Rate 

and Service Guides for three years. Specifically, all future UPS published pricing guides and/or price lists shall 

include the following text in the “fee” column of its Declared Value for Carriage pricing tables:

– Value from $100.01 to $300.00 [fee in dollars]

– Value over $300.00, charge 

for each $100.00 (or portion 

of $100.00) of the total value 

declared (from $0.00 to total 

value declared)

[fee in dollars]

After the Settlement becomes final, and during the three-year injunctive relief period, UPS may notify Class Counsel 

of a proposed change in language or format to reflect changes in the law or a change in UPS’s business practices. 

Font or type size do not require advance notice; nor does a change to reflect a change in declared value pricing that 

does not assess a charge for the first increment of protection (currently $100.00). If Class Counsel timely objects to 

the proposed change and the Parties cannot resolve the dispute, then UPS may seek leave of Court to modify the 

language or pay for the Parties to resolve the dispute through mediation.

Once the Settlement becomes effective, payment will be credited to Class Members’ active accounts or paid by check 

to Class Members with no active accounts.

The above description of the Settlement is only a summary. The governing provisions are set forth in the Settlement 

Agreement, which is available at UPSDeclaredValueSettlement.com.

7. How will the Settlement be distributed? 

This Settlement provides for a non-reversionary common fund settlement, whose net proceeds are to be distributed by 

the Settlement Administrator and UPS to Class Members. Claims forms are not required; however, Class Members 

may be required reasonably to (1) attest to the number of Covered Packages they shipped between January 1, 2011, 

and December 29, 2013, or (2) verify their identity and payment information to the Settlement Administrator if UPS’s 

records are not sufficient to verify the same.

Class Members with Active Accounts with UPS will receive an account credit. These account credits will be issued 

by UPS no later than 45 days after the Effective Date, as defined in the Settlement Agreement available on the 

website. If such account credits are not applied (used), UPS will attempt to refund the unused credits in accordance 

with UPS’s regular business practices as to unused account credits. No unapplied account credits will be retained 

by UPS. UPS shall document by amount and Class Member each account credit issued and certify under oath or 

declaration the total amount of such credits within 10 days of issuing the credits.

For Class Members who do not have Active Accounts, the Settlement Administrator shall mail checks to each such 

Class Member for its, his, or her distribution. Distribution checks will be good for 90 days after the date on the check.

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

8. How much will my payment be?

You will receive a share of the Net Settlement Fund on a per claim point basis based on your number of Covered 

Packages shipped during the Class Period relative to the total such Covered Packages. Class Members will receive 

two claim points for each Covered Package shipped between July 1, 2013, and December 29, 2013. Class Members 

will receive one claim point for each Covered Package shipped between January 1, 2011, and June 30, 2013. The 

Settlement Administrator will divide the Net Settlement Fund by the total number of claim points earned by the Class 

to determine the value of one claim point (“Claim Point Value”). Each Class Member will be entitled to a share of the 

Net Settlement Fund equal to the number of claims points that Class Member is entitled to multiplied by the Claim 

Point Value. The amount of payment per Claim Point Value is unknown at this time.

9. When will I Receive my Payment?

The Court will hold a hearing on June 28, 2022, to decide whether to approve the Settlement. If the Court 

approves the Settlement, there might be appeals. It is always uncertain how any such appeal will be resolved, 

and resolving them can take time, perhaps more than a year. After any approval by the Court and assuming 

that any appeals are decided favorably, it may take several months for the Settlement Administrator to pay the 

ultimate distribution amounts.

10. What rights am I giving up in the Settlement? 

If the Settlement is approved, the Court will enter a judgment. This judgment, when it becomes effective, will fully, 

finally, and forever release all claims asserted or which could have been asserted by Class Members against UPS 

and its past or present employees, agents, officers, directors, shareholders, insurers, attorneys, advisors, consultants, 

representatives, parents, subsidiaries, affiliates, joint venturers, and divisions, and each of their predecessors, 

successors, heirs, and assigns (the “Released Parties”) based upon the facts alleged in the Complaint. These claims 

described above are referred to as the “Released Claims.” Class Members will release claims as to packages shipped 

before December 29, 2013, including before January 1, 2011, but not packages shipped after December 29, 2013. See 

Section 13 of the Settlement Agreement, available at UPSDeclaredValueSettlement.com for details of the release.

THE LAWYERS REPRESENTING YOU

11. Do I have a lawyer in the case?

Andrew J. McGuinness of Andrew J. McGuinness, Esq., Daniel R. Karon of Karon LLC, and Sanford P. Dumain of 

Milberg Coleman Bryson Phillips Grossman, PLLC represent Plaintiff and the Settlement Class (“Class Counsel”). 

You will not be charged by any lawyers. If you want to be represented by your own lawyer, you may hire one at your 

own expense.

12. How will the lawyers be paid? 

At the Final Approval Hearing, Class Counsel will apply for an award of attorneys’ fees from the Settlement Common 

Fund, as defined in the Settlement Agreement. The application for attorneys’ fees will not exceed 331⁄3 % calculated 

as a percentage of the total Settlement Common Fund (i.e., before deduction of any litigation expenses, settlement 

administration costs, or other amounts). Class Counsel will also seek reimbursement of litigation costs and any 

settlement administration expenses they incur from the Settlement Common Fund. These applications are subject to 

approval by the Court, which may award amounts less than those requested.

To date, Class Counsel have not received any payment for their services in prosecuting this case on behalf of the 

Class, nor have Class Counsel been reimbursed for their out-of-pocket expenses. The fees requested by Class Counsel 

would compensate Class Counsel for their unpaid efforts over eight years to achieve this Settlement for the benefit of 

Class Members and for their risk in undertaking this representation on a contingency basis.

Class Counsel may also seek approval at the Final Approval Hearing for payment of a Service Award of up to 

$5,000.00 to BleachTech, the Named Plaintiff and Class Representative. Any approved attorneys’ fees, expenses, 

Service Awards, and one half of settlement administration costs will be paid from the Settlement Common Fund.

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

EXCLUDING YOURSELF FROM THE SETTLEMENT

13. Can I exclude myself from the Settlement? 

Yes. If you exclude yourself (“opt out”), you will not be eligible to receive any credit or cash payment and will not be 

bound by any judgment or release of claims against UPS under the Settlement.

To opt out, Settlement Class members must submit a timely and valid Request for Exclusion. To be timely, the 

Requests for Exclusion must be emailed or postmarked no later than thirty (30) days before the Final Approval 

Hearing (the “opt-out deadline”). To be valid, a Request for Exclusion must (a) identify the full name and address of 

the Putative Class Member requesting exclusion; (b) be dated and personally signed (original or electronic signatures 

accepted) by the Putative Class Member or responsible individual requesting exclusion, or by a person documented 

to be acting under valid power of attorney, guardianship, or other legal authority to sign on behalf of the Putative 

Class member or his estate; (c) identify the unique ID of the notice received or UPS account numbers under which 

shipments were made (or paid); and (d) contain a statement that reasonably indicates a desire to be excluded from 

the Settlement.

The following statement shall be deemed to meet the requirement of subpart (d) of the preceding sentence: “I want to 

opt out of the Settlement Class certified in the BleachTech v. UPS case.” Additionally, the request for exclusion must 

provide the unique ID number contained on a postcard or email sent by the Settlement Administrator to the potential 

Settlement Class member; the UPS account number; and the full name and address of the Settlement Class Member. 

Requests for Exclusion that do not meet these requirements will not operate to exclude a Class Member from the 

Settlement. Mass or class opt-outs will not be allowed.

Please mail requests for exclusion to the following address:

UPS Declared Value Settlement Administrator

P.O. Box 5370

Portland, OR 97228-5370

Please email requests for exclusion to the following email: exclusion@upsdeclaredvaluesettlement.com.

Only Class Members who do not opt out may object to the Settlement.

14. If I do not exclude myself from the Class, can I sue UPS for the same thing later?

No. Unless you exclude yourself from the Class by submitting a timely and valid Request for Exclusion as detailed 

above, you may not bring a lawsuit or claim in any forum asserting any of the Released Claims against UPS.

15. If I exclude myself, can I get money from this Settlement?

No, but you will retain any right you may have to bring a lawsuit, to continue to pursue an existing lawsuit, or to be 

part of a different lawsuit asserting a Released Claim against UPS.

OBJECTING TO THE SETTLEMENT

16. How do I tell the Court if I don’t like the Settlement? 

Class Members who do not request exclusion from the Class may object to the Settlement. Class Members who 

choose to object to the settlement must file written notices of intent to object with the Court and serve copies of any 

such objection on counsel for the Parties. The written objection and supporting papers must (1) clearly identify the 

case name and number “BleachTech v. UPS, Case No. 2:14-cv-12719”; (2) be filed with the Court no later than 30 

days before the Final Approval Hearing; (3) be postmarked and mailed to Class Counsel and Defendants’ Counsel at 

the addresses listed in this Notice no later than 30 days before the Final Approval Hearing, (unless the Class Member 

filed an objection via the Court’s ECF system, such that copies will be transmitted electronically to these counsel); 

(4) set forth the full name, current address, and telephone number, and the unique ID number assigned by the 

Settlement Administrator of the objecting Class Member; (5) set forth a statement of the position the Class Member 

wishes to assert, including the factual and legal grounds for the position; (6) state whether the Class Member intends 

to appear and requests to be heard, in person or through counsel, at the Final Approval Hearing, and set forth the 

names and a summary of testimony of any witnesses that the Class Member might want to call in connection with 

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

the objection; (7) provide copies of all documents that the Class Member wishes to submit in support of his or her 

position; (8) provide the name(s), address(es) and phone number(s) of any attorney(s) representing the Class Member; 

(9) identify by case name, case number, and court each class action settlement objected to by the Class Member and 

his or her counsel (if any) in the last three years; and (10) include the Class Member’s signature. If a Class Member, 

their counsel, or any person with whom they are working in bringing the objection has objected to a class action 

settlement on more than three occasions, the Class Member shall, (i) list all cases in which such objections were filed, 

and by whom; (ii) state the outcome of the objection; (iii) state the amount of money, if any, paid in connection with 

the objection to objector, to their counsel, or to anyone else, including by whom such payment was made and whether 

it was disclosed to the court overseeing the proposed settlement. Only objections fulfilling these requirements will 

be deemed adequate.

The addresses for filing objections with the Court and service on counsel are listed below. Written objections must 

be filed with the Court and mailed to the counsel listed below (postmarked or sent via fax or served via the Court’s 

ECF system) by no later than May 30, 2022:

CLERK OF COURT:

Clerk’s Office

Theodore Levin U.S. Courthouse

231 W. Lafayette Blvd., Room 564

Detroit, MI 48226

CLASS COUNSEL:

Andrew J. McGuinness

Andrew J. McGuinness, Esq.

P.O. Box 7711

Ann Arbor, MI 48107

Fax: (734) 786-9935

Daniel R. Karon

Karon LLC

700 W. St. Clair Ave. Ste. 200

Cleveland, OH 44113

Fax: (216) 241-8175

Sanford P. Dumain

Milberg Coleman Bryson Phillips Grossman, PLLC

100 Garden City Plaza, Suite 500

Garden City, NY 11530

Fax: (212) 868-1229

COUNSEL FOR UPS:

Gregory B. Koltun

Morrison & Foerster LLP

707 Wilshire Boulevard

Los Angeles, CA 90017-3543

Fax: (310) 892-5454

UNLESS OTHERWISE ORDERED BY THE COURT, ANY MEMBER OF THE SETTLEMENT 

CLASS WHO DOES NOT OBJECT IN THE MANNER DESCRIBED HEREIN WILL BE DEEMED 

TO HAVE WAIVED ANY OBJECTION AND SHALL BE FOREVER FORECLOSED FROM 

MAKING ANY OBJECTION TO THE PROPOSED SETTLEMENT AND THE APPLICATION FOR 

ATTORNEYS’ FEES AND EXPENSES AND SERVICE AWARDS TO THE NAMED PLAINTIFF.

17. What is the difference between objecting and requesting exclusion?

Objecting is simply telling the Court you do not like something about the proposed Settlement. Objecting does not 

prevent you from participating and recovering money in the Settlement, but you can object only if you stay in the 

Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If 

you exclude yourself, you have no basis to object because the Settlement no longer affects you.

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Questions? Visit UPSDeclaredValueSettlement.com or call 1-866-991-0730.

DO NOT CALL THE COURT, as it cannot answer your questions.

THE COURT’S FINAL APPROVAL HEARING 

18. When and where will the Court decide whether to approve the Settlement? 

The Court will hold a Final Approval Hearing at 10:00 a.m., on June 28, 2022, at the United States District Court 

for the Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit, Michigan, Courtroom No. 218. The Court 

may schedule the Final Approval Hearing via videoconference or teleconference. Check the Settlement Website 

for updates.

YOU DO NOT NEED TO ATTEND THE FINAL APPROVAL HEARING.

At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, 

the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the 

Settlement. The Court will also rule on the motions for attorneys’ fees and expenses and Service Award to the 

Plaintiff. It is unknown how long the hearing or these decisions will take.

19. Do I have to come to the hearing? 

No. Class Counsel will answer any questions the Court may have. You are welcome to attend at your own expense. If 

you file and mail an objection, you do not have to attend the hearing to talk about it. If you filed and served on counsel 

for the Parties your objection on time, it will be before the Court when the Court considers whether to approve the 

Settlement as fair, reasonable, and adequate. At your own expense, you may also have your own lawyer attend the 

Final Approval Hearing, but such attendance is not necessary.

20. May I speak at the hearing? 

If you are a member of the Settlement Class and you have filed a timely objection, you may ask the Court for 

permission to speak during the Final Approval Hearing. To do so, you must send a letter or other paper called 

a “Notice of Intention to Appear at Approval Hearing in BleachTech v. UPS, Case No. 2:14-cv-12719.” Be sure to 

include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be served on 

the attorneys listed in Paragraph 16, above, postmarked no later than May 30, 2022, and must also be filed with the 

Clerk of the Court no later than May 30, 2022.

The Final Approval Hearing may be delayed by the Court without further notice to the Class. If you wish to attend 

the hearing, you should confirm the date and time on the Settlement Website or check with Class Counsel.

IF YOU DO NOTHING

21. What happens if I do nothing at all? 

If you do nothing and you are a Class Member, your claims against UPS will be released if the Settlement is approved.

GETTING MORE INFORMATION 

22. How do I get more information? 

This Notice summarizes the proposed Settlement. Full details of the Settlement are set forth in the Settlement 

Agreement. You may read or download a copy of the Settlement Agreement at the Settlement Website at the URL 

provided in this Notice, by calling the listed toll-free number, or by making a written request and mailing it to the 

Settlement Administrator. Copies of the Settlement Agreement, as well as the motion seeking preliminary approval 

of the Settlement and the Preliminary Approval Order, may be viewed at UPSDeclaredValueSettlement.com. Do not 

call UPS or the Court with questions about the Settlement.

DATED: April 8, 2022 By Order of the Court

Hon. Denise P. Hood

United State District Judge

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Attachment 5 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3492 Filed 05/16/22 Page 164 of 173
DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF CAFA NOTICE

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Southern Division 

BLEACHTECH L.L.C., on behalf of itself

and all others similarly situated,

Plaintiff,

vs. 

UNITED PARCEL SERVICE CO.,

Defendant.

Case No. 2:14-cv-12719 

Hon. Denise Page Hood

CLASS ACTION

DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF 

CAFA NOTICE

I, STEPHANIE J. FIERECK, ESQ., hereby declare and state as follows: 

1. My name is Stephanie J. Fiereck, Esq. I am over the age of 21 and I have

personal knowledge of the matters set forth herein, and I believe them to be true and correct. 

2. I am the Legal Notice Manager for Epiq Class Action & Claims Solutions, Inc.

(“Epiq”), a firm that specializes in designing, developing, analyzing and implementing large-scale, 

un-biased, legal notification plans.

3. Epiq is a firm with more than 25 years of experience in claims processing and

settlement administration. Epiq’s class action case administration services include coordination 

of all notice requirements, design of direct-mail notices, establishment of fulfillment services, 

receipt and processing of opt-outs, coordination with the United States Postal Service (“USPS”), 

claims database management, claim adjudication, funds management, and distribution services. 

4. I am an active member of the Oregon State Bar, and received my Juris Doctor

degree from the University of Oregon School of Law. I have served as the Legal Notice 

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DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF CAFA NOTICE

2 

Manager for Epiq since 2012. During that time, I have overseen and handled Class Action 

Fairness Action (“CAFA”) noticing efforts for more than 325 class action settlements. 

5. The facts in this Declaration are based on what I personally know, as well as

information provided to me in the ordinary course of my business by my colleagues at Epiq. 

CAFA NOTICE IMPLEMENTATION

6. At the direction of counsel for the Defendant United Parcel Service, Inc., an Ohio

Corporation, 54 officials, which included the Attorney General of the United States and the 

Attorneys General of each of the 50 states, the District of Columbia, Puerto Rico, and the Virgin 

Islands were identified to receive CAFA notice. 

7. Epiq maintains a list of these federal and state officials with contact information

for the purpose of providing CAFA notice. Prior to mailing, the names and addresses selected 

from Epiq’s list were verified, then run through the Coding Accuracy Support System (“CASS”) 

maintained by the United States Postal Service (“USPS”).1

8. On August 30, 2021, Epiq sent 54 CAFA Notice Packages (“Notice”). The

Notice was mailed via USPS Certified Mail to 53 officials, including the Attorneys General of 

each of the 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands. The Notice 

was also sent via United Parcel Service (“UPS”) to the Attorney General of the United States. 

The CAFA Notice Service List (USPS Certified Mail and UPS) is included as Attachment 1. 

9. The materials sent to the federal and state officials included a cover letter, which

provided notice of the proposed settlement of the above-captioned case. The cover letter is

included as Attachment 2. 

1 CASS improves the accuracy of carrier route, 5-digit ZIP®, ZIP + 4® and delivery point codes that appear on mail

pieces. The USPS makes this system available to mailing firms who want to improve the accuracy of postal codes, 

i.e., 5-digit ZIP®, ZIP + 4®, delivery point (DPCs), and carrier route codes that appear on mail pieces.

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DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF CAFA NOTICE

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10. The cover letter was accompanied by a CD, which included the following:

a. Complaint, Amended Complaint, and Agreed Order Substituting United

Parcel Service, Inc. for Defendant United Parcel Service Co.;

b. Plaintiff’s Unopposed Motion and Brief in Support for Preliminary

Approval of Class Settlement, which attaches the Amended Class Action

Settlement Agreement (with Exhibits A-E), Declaration of Andrew J.

McGuinness in Support of Plaintiff’s Unopposed Motion for Preliminary

Approval of Class Action Settlement, and Declaration of Cameron R. Azari

Regarding Notice Program;

c. Long Form Notice, Short Form and Postcard Notice, and Publication

Notice;

d. Amended Class Action Settlement Agreement (with exhibits);

e. [Proposed] Preliminary Approval Order and [Proposed] Judgment; and

f. Geographic Distribution of Class Members and Proportionate Share of

Claims Report.

I declare under penalty of perjury that the foregoing is true and correct. Executed on 

August 31, 2021. 

Stephanie J. Fiereck, Esq.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3495 Filed 05/16/22 Page 167 of 173
Attachment 1 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3496 Filed 05/16/22 Page 168 of 173
CAFA Notice Service List

UPS

Company FullName Address1 Address2 City State Zip

US Department of Justice Merrick B. Garland 950 Pennsylvania Ave NW Washington DC 20530

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3497 Filed 05/16/22 Page 169 of 173
CAFA Notice Service List

USPS Certified Mail

Company FullName Address1 Address2 City State Zip

Office of the Attorney General Treg Taylor PO Box 110300 Juneau AK 99811

Office of the Attorney General Steve Marshall 501 Washington Ave Montgomery AL 36130

Office of the Attorney General Leslie Carol Rutledge 323 Center St Suite 200 Little Rock AR 72201

Office of the Attorney General Mark Brnovich 2005 N Central Ave Phoenix AZ 85004

Office of the Attorney General CAFA Coordinator Consumer Law Section 455 Golden Gate Ave Ste 11000 San Francisco CA 94102

Office of the Attorney General Phil Weiser Ralph L Carr Colorado Judicial Center 1300 Broadway 10th Fl Denver CO 80203

Office of the Attorney General William Tong 165 Capitol Ave Hartford CT 06106

Office of the Attorney General Karl A. Racine 400 6th St NW Washington DC 20001

Office of the Attorney General Kathy Jennings Carvel State Office Bldg 820 N French St Wilmington DE 19801

Office of the Attorney General Ashley Moody State of Florida The Capitol PL-01 Tallahassee FL 32399

Office of the Attorney General Chris Carr 40 Capitol Square SW Atlanta GA 30334

Department of the Attorney General Clare E. Connors 425 Queen St Honolulu HI 96813

Iowa Attorney General Thomas J Miller 1305 E Walnut St Des Moines IA 50319

Office of the Attorney General Lawrence G Wasden 700 W Jefferson St Ste 210 PO Box 83720 Boise ID 83720

Office of the Attorney General Kwame Raoul 100 W Randolph St Chicago IL 60601

Indiana Attorney General's Office Todd Rokita Indiana Government Center South 302 W Washington St 5th Fl Indianapolis IN 46204

Office of the Attorney General Derek Schmidt 120 SW 10th Ave 2nd Fl Topeka KS 66612

Office of the Attorney General Daniel Cameron 700 Capitol Avenue Suite 118 Frankfort KY 40601

Office of the Attorney General Jeff Landry PO Box 94005 Baton Rouge LA 70804

Office of the Attorney General Maura Healey 1 Ashburton Pl Boston MA 02108

Office of the Attorney General Brian E. Frosh 200 St Paul Pl Baltimore MD 21202

Office of the Attorney General Aaron Frey 6 State House Station Augusta ME 04333

Department of Attorney General Dana Nessel PO Box 30212 Lansing MI 48909

Office of the Attorney General Keith Ellison 445 Minnesota St Suite 1400 St Paul MN 55101

Missouri Attorney General's Office Eric Schmitt 207 West High Street PO Box 899 Jefferson City MO 65102

MS Attorney General's Office Lynn Fitch Walter Sillers Bldg 550 High St Ste 1200 Jackson MS 39201

Office of the Attorney General Austin Knudsen Department of Justice PO Box 201401 Helena MT 59620

Attorney General's Office Josh Stein 9001 Mail Service Ctr Raleigh NC 27699

Office of the Attorney General Wayne Stenehjem State Capitol 600 E Boulevard Ave Dept 125 Bismarck ND 58505

Nebraska Attorney General Doug Peterson 2115 State Capitol PO Box 98920 Lincoln NE 68509

Office of the Attorney General John Formella NH Department of Justice 33 Capitol St Concord NH 03301

Office of the Attorney General Andrew J. Bruck 25 Market Street PO Box 080 Trenton NJ 08625

Office of the Attorney General Hector Balderas 408 Galisteo St Villagra Bldg Santa Fe NM 87501

Office of the Attorney General Aaron Ford 100 N Carson St Carson City NV 89701

Office of the Attorney General CAFA Coordinator 28 Liberty Street 15th Floor New York NY 10005

Office of the Attorney General Dave Yost 30 East Broad Street 14th Floor Columbus OH 43215

Office of the Attorney General John O'Connor 313 NE 21st St Oklahoma City OK 73105

Office of the Attorney General Ellen F Rosenblum Oregon Department of Justice 1162 Court St NE Salem OR 97301

Office of the Attorney General Josh Shapiro 16th Fl Strawberry Square Harrisburg PA 17120

Office of the Attorney General Peter F Neronha 150 S Main St Providence RI 02903

Office of the Attorney General Alan Wilson PO Box 11549 Columbia SC 29211

Office of the Attorney General Jason Ravnsborg 1302 E Hwy 14 Ste 1 Pierre SD 57501

Office of the Attorney General Herbert H. Slatery III PO Box 20207 Nashville TN 37202

Office of the Attorney General Ken Paxton 300 W 15th St Austin TX 78701

Office of the Attorney General Sean D. Reyes PO Box 142320 Salt Lake City UT 84114

Office of the Attorney General Mark R. Herring 202 North Ninth Street Richmond VA 23219

Office of the Attorney General TJ Donovan 109 State St Montpelier VT 05609

Office of the Attorney General Bob Ferguson 800 Fifth Avenue Suite 2000 Seattle WA 98104

Office of the Attorney General Josh Kaul PO Box 7857 Madison WI 53707

Office of the Attorney General Patrick Morrisey State Capitol Complex Bldg 1 Room E 26 Charleston WV 25305

Office of the Attorney General Bridget Hill 2320 Capitol Avenue Cheyenne WY 82002

PR Department of Justice Domingo Emanuelli Hernández PO Box 9020192 San Juan PR 00902

Department of Justice Denise N. George 34-38 Kronprindsens Gade GERS Bldg 2nd Fl St Thomas VI 00802

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3498 Filed 05/16/22 Page 170 of 173
Attachment 2 

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3499 Filed 05/16/22 Page 171 of 173
NOTICE ADMINISTRATOR 

HILSOFT NOTIFICATIONS

10300 SW Allen Blvd

Beaverton, OR 97005

P 503-350-5800

DL-CAFA@epiqglobal.com

1

August 30, 2021

VIA UPS OR USPS CERTIFIED MAIL

Class Action Fairness Act – Notice to Federal and State Officials

Dear Sir or Madam:

Pursuant to the “Class Action Fairness Act,” (“CAFA”), 28 U.S.C. § 1715, please find enclosed 

information from United Parcel Service, Inc., an Ohio Corporation, relating to the proposed settlement 

of a class action lawsuit.

• Case: BleachTech L.L.C. v. United Parcel Service, Inc., Case No. 2:14-cv-12719-DPH-RSW

• Court: United States District Court, Eastern District of Michigan, Southern Division

• Defendant: United Parcel Service, Inc., an Ohio Corporation

• Judicial Hearing Scheduled: At this time, a Preliminary Approval Hearing and a Final 

Approval Hearing have not been scheduled by the Court. At the time of the hearings, these 

matters may be continued without further notice.

• Documents Enclosed: In compliance with 28 U.S.C. § 1715(b), copies of the following 

documents are contained on the enclosed CD:

1. 28 U.S.C. § 1715(b)(1) – Complaint and Related Materials: Copies of the

Complaint, Amended Complaint, and Agreed Order Substituting United Parcel 

Service, Inc. for Defendant United Parcel Service Co. are included on the enclosed CD.

2. 28 U.S.C. § 1715(b)(2) – Notice of Any Scheduled Judicial Hearing: As of August 

30, 2021, the Court has not yet scheduled a preliminary approval hearing or a final 

fairness hearing in this matter. A copy of Plaintiff’s Unopposed Motion and Brief in 

Support for Preliminary Approval of Class Settlement, which attaches the Amended 

Class Action Settlement Agreement (with Exhibits A-E), Declaration of Andrew J. 

McGuinness in Support of Plaintiff’s Unopposed Motion for Preliminary Approval of 

Class Action Settlement, and Declaration of Cameron R. Azari Regarding Notice 

Program, is included on the enclosed CD. 

3. 28 U.S.C. § 1715(b)(3) – Notification to Class Members: Copies of the proposed 

Long Form Notice, Short Form and Postcard Notice, and Publication Notice are 

included on the enclosed CD.

4. 28 U.S.C. § 1715(b)(4) – Class Action Settlement Agreement: A copy of the 

Amended Class Action Settlement Agreement, with exhibits, is included on the 

enclosed CD.

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3500 Filed 05/16/22 Page 172 of 173
NOTICE ADMINISTRATOR 

HILSOFT NOTIFICATIONS

10300 SW Allen Blvd

Beaverton, OR 97005

P 503-350-5800

DL-CAFA@epiqglobal.com

2

5. 28 U.S.C. § 1715(b)(5) – Any Settlement or Other Agreement: There are no other 

settlements or other agreements between class counsel and counsel for Defendant 

beyond what is set forth in the Amended Class Action Settlement Agreement.

6. 28 U.S.C. § 1715(b)(6) – Final Judgment: No Final Judgment has been reached as of 

August 30, 2021, nor has a Notice of Dismissal been granted at this time. Copies of 

the [Proposed] Preliminary Approval Order and [Proposed] Judgment are included on 

the enclosed CD.

7. 28 U.S.C. § 1715(b)(7)(A)-(B) – Geographic Distribution of Class Members and 

Proportionate Share of Claims: Pursuant to 28 U.S.C. § 1715(b)(7)(B), a 

spreadsheet with a reasonable estimate of the number of class members residing in 

each State and their estimated proportion to the class as a whole is included on the 

enclosed CD.

8. 28 U.S.C. § 1715(b)(8) – Judicial Opinions Related to the Settlement: As the 

proposed Settlement is still pending final approval by the Court, there are no other 

opinions available at this time. As of August 30, 2021, there has been no written 

judicial opinion related to the settlement. 

If you have any questions about this notice, the case, or the enclosed materials, please contact the 

undersigned Notice Administrator listed below.

Very truly yours,

Notice Administrator

Enclosures

Case 2:14-cv-12719-DPH-RSW ECF No. 150, PageID.3501 Filed 05/16/22 Page 173 of 173