We have a lot of requests asking how to help or participate in this class action effort. Here is how you can protect your business and help .
Most Importantly
1. Put CHEP on notice that you disagree with their ARP policy and fees.
Many recyclers have simply thrown up their hands because they don't have the resources to litigate nor does it make economic sense to litigate CHEP over a $5 or $6 dollar discrepancy per pallet. CHEP has the advantage with respect to litigation power and appear to have it used it to extract these unfair rates from a fractured pallet recycling industry. To protect your claims you should consider billing all future loads turned over to CHEP at what you consider fair market value. This is something that you can do yourself. Simply determine what is fair market value and invoice CHEP for that. It is very simple yet will help reinforce your opportunity to participate in a possible class action-effort against CHEP as it develops. You should consult with your attorney as laws vary from state to state.
A. Send a letter of disagreement to CHEP. If you currently or have in the past returned CHEP pallets under CHEP 's ARP program you should notify them that you disagree with the reimbursement rates provided by their ARP program. CHEP has continuously stated that their ARP program is not negotiable. Recyclers have refrained from fighting or standing up to CHEP 's unfair program out of fear of litigation, ignorance of their rights, and apathy. Please note that when you return pallets to CHEP under their ARP program, whether you sign something or not, they may use that against you and the pallet recycling industry. CHEP will likely try to argue that their ARP program was fair since you did not contest the rates. By sending the letter/notice of disagreement you are going on record that at the current level of reimbursement, you are participating only out of fear of litigation. Make it a simple one paragraph letter and send it certified mail return receipt requested.
B. Invoice CHEP at Fair Market Value from this day forward. As many pallet recyclers have stated, CHEP 'S ARP program does not cover the pallet recyclers cost of recovering, buying, segregating, and storing CHEP marked pallets. Bill them for what might be expected for your services in a free market that is free of CHEP 's litigation threats and free of restraints by CHEPon recovering and returning the pallets to CHEP customers. (Remember that CHEP bills their customers upwards of $20-$24 for lost pallets yet they want you to accept $1.25 for the same pallet!) You may be tempted to say why bother, its no use as you know that they will only pay you the $1.25 or the $2.25 rate. You would probably be right that CHEP will refuse to pay you any more than their ARP rates. But what is important here is that you have made it known what you would invoice them for in an open market. CHEP 's refusal to pay you the difference and your growing accounts receivable from CHEP for the unpaid balance will helpful in determining your individual monetary damages and building your case. Your proactive efforts here will help stop CHEP 's unfettered implementation of its ARP program onto fearful pallet recyclers.
2. Report CHEP activities that you feel are unfair to the FTC and Department of Justice today. Stop what you are doing....pick up the phone and spend two minutes to leave them a message. Contact information is below. The more pallet recyclers they hear from the more urgency the agency will have in investigating their activities. You will be asked to leave your name a brief statement of the issue you are calling about and a phone number.
Phone
1-888-647-3258 (toll free in the U.S. and Canada) or 202-307-2040
The US Department of Justice Provides the Following Suggestions on how to File a Complaint.
If you have information about a possible antitrust violation or potential anticompetitive activity, we recommend that you use the following questions as a guideline when describing your complaint:
* What are the names of companies, individuals, or organizations that are involved?
* How do you believe they have violated the antitrust laws?
* Can you give examples of the conduct that you believe violates the antitrust laws? If so, please provide as much detail as possible.
* What is the product or service affected by this conduct? Where is the product manufactured or sold, or where is the service provided?
* Who are the major competitors that sell the product or provide the service?
* What is your role in the situation in question?
* Who is harmed by the alleged violations? How are they harmed?
You can also reach them by e-mail or regular mail.
antitrust.complaints@usdoj.gov
Citizen Complaint Center
Antitrust Division
950 Pennsylvania Ave., NW
Room 3322
Washington, DC 20530
Office of Policy and Evaluation
Room 394
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Ave, NW
Washington, D.C. 20580
E- Mail: antitrust@ftc.gov
3. Complete the feedback form by clicking here. Give us a summary of any bad experiences you have had with CHEP and include the number of pallets that you have returned to CHEP USA under their ARP program. You may be contacted as a potential class member or representative for your particular state.
4. Documents Needed: Any documents, contracts or other information that outlines the following:
a. Any article or contract that CHEP has with its customers that forbid or discourage them from accepting the return of CHEP pallets from recyclers.
b. Any documentation that shows the fees, penalties, and charges that CHEP bills its customers when it loses pallets.
c. Any documentation that shows the fees , penalties and charges that CHEP bills its customers when they ship to non participating distributors.
5. Past ARP agreements that forced recyclers to reveal the source of the CHEP pallets.
6. Past CHEP checks that carried statements above the endorsement "that by signing the check you agreed to CHEP 's ownership."
7. Photographs of CHEP 's pallets that are obviously outside of CHEP 's network.
Lost CHEP pallets are literally in every corner of the country. We would like to have hundreds or thousands of photographs showing the uncontrolled dispersion of CHEP marked pallets into the market place. Keep a digital camera with you and note date, time and who took the photo and who was in possession of the pallet.
CHEP PALLET- Orlando, Florida