united-states business
Is UPS allowed to take my money and business without intention to fulfill its side of the transaction?
<p>I went to my local UPS store to send a package to a place in North Carolina that buys dishes, crystal, and flatware. I handed the UPS store the address and the clerk printed out the ticket because of the nature of the item being shipped, I opted for insurance. </p>

<p>A week later, I see that the package made it from California to North Carolina, but said it was on its way back.  I call the recipient and they told me that UPS will not deliver to them because there is a lawsuit between the recipient and UPS. The company (recipient) did not refuse my package, they never got my package. I call UPS consumer service and was told that the recipient should have told me not to use UPS and refused to give me a refund.</p>

<p>Can UPS take my money and business, if they had no intention of fulfilling their side of the transaction?  </p>

<blockquote>
  <p>Is UPS allowed to take my money and business without intention to fulfill its side of the transaction?</p>
</blockquote>

<p>No. The company's belated change of mind constitutes <em>breach of contract</em>, and its subsequent refusal to give you a refund completes the <em>prima facie</em> elements of <em>fraud</em> and/or <em>unjust enrichment</em>.</p>

<p>The company's <em>acceptance</em> of your package &amp; money and its <em>subsequent act</em> of sending your package to NC strike the applicability of its clause on Refusal of Service (see the <a href="https://www.ups.com/assets/resources/media/en_US/terms_service_us.pdf" rel="noreferrer">link</a> provided in the other answer). The blanket term of "<em>among other reasons</em>" is hardly enforceable at that point.</p>

<p>In particular, the existence of a lawsuit between the recipient and the company further weakens any merits of the company's belated change of mind. That is because, by virtue of that lawsuit, the company currently has to deliver to that same recipient other packages anyway. Thus, the company cannot allege that delivering your package "<em>is unsafe or economically or operationally impracticable</em>".</p>

<p>Also, since you are the one who paid for the service, the company cannot withdraw on grounds of "<em>the person or entity responsible for payment is not in good standing</em>".</p>
