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Is there any legal standard that USPS first class mail doesn't qualify as legal proof of delivery?
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I am currently in dispute/complaint working against Lexus over recall notice that never got delivered to me.
At the same mailing address, I have received a recall notice couple years ago without any troubles where I was able to get my car fixed with the recall service.
This time, one of parts from my car started having issues and then when I did online research, I found out there has been a recall that I was never aware of.
I reached out to Lexus and they have informed the time window has passed so they cannot do any complimentary replacement.
While I started arguing that I never received any notice, the corporate service is counter-arguing that they have "record" of first class mail going out (perhaps via Pitney Bowes or similar services). Based on my knowledge, any first-class mail does not qualify as legal proof due to the fact that it does not include any tracking such as certified/registered mail.
I am trying to bring up a point that by law, first-class mail does not prove the fact that they have delivered the notice. Can anyone let me know if there is any legal documentation that I can refer to? Any helps would be appreciated.
asked 2 hours ago
Steve Chong
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up vote
2
down vote
favorite
I am currently in dispute/complaint working against Lexus over recall notice that never got delivered to me.
At the same mailing address, I have received a recall notice couple years ago without any troubles where I was able to get my car fixed with the recall service.
This time, one of parts from my car started having issues and then when I did online research, I found out there has been a recall that I was never aware of.
I reached out to Lexus and they have informed the time window has passed so they cannot do any complimentary replacement.
While I started arguing that I never received any notice, the corporate service is counter-arguing that they have "record" of first class mail going out (perhaps via Pitney Bowes or similar services). Based on my knowledge, any first-class mail does not qualify as legal proof due to the fact that it does not include any tracking such as certified/registered mail.
I am trying to bring up a point that by law, first-class mail does not prove the fact that they have delivered the notice. Can anyone let me know if there is any legal documentation that I can refer to? Any helps would be appreciated.
asked 2 hours ago
Steve Chong
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
up vote
2
down vote
favorite
up vote
2
down vote
favorite
I am currently in dispute/complaint working against Lexus over recall notice that never got delivered to me.
At the same mailing address, I have received a recall notice couple years ago without any troubles where I was able to get my car fixed with the recall service.
This time, one of parts from my car started having issues and then when I did online research, I found out there has been a recall that I was never aware of.
I reached out to Lexus and they have informed the time window has passed so they cannot do any complimentary replacement.
While I started arguing that I never received any notice, the corporate service is counter-arguing that they have "record" of first class mail going out (perhaps via Pitney Bowes or similar services). Based on my knowledge, any first-class mail does not qualify as legal proof due to the fact that it does not include any tracking such as certified/registered mail.
I am trying to bring up a point that by law, first-class mail does not prove the fact that they have delivered the notice. Can anyone let me know if there is any legal documentation that I can refer to? Any helps would be appreciated.
asked 2 hours ago
Steve Chong
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am currently in dispute/complaint working against Lexus over recall notice that never got delivered to me.
At the same mailing address, I have received a recall notice couple years ago without any troubles where I was able to get my car fixed with the recall service.
This time, one of parts from my car started having issues and then when I did online research, I found out there has been a recall that I was never aware of.
I reached out to Lexus and they have informed the time window has passed so they cannot do any complimentary replacement.
While I started arguing that I never received any notice, the corporate service is counter-arguing that they have "record" of first class mail going out (perhaps via Pitney Bowes or similar services). Based on my knowledge, any first-class mail does not qualify as legal proof due to the fact that it does not include any tracking such as certified/registered mail.
I am trying to bring up a point that by law, first-class mail does not prove the fact that they have delivered the notice. Can anyone let me know if there is any legal documentation that I can refer to? Any helps would be appreciated.
asked 2 hours ago
Steve Chong
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
Steve Chong
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
Steve Chong
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
Steve Chong
111
asked 2 hours ago
Steve Chong
111
111
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Steve Chong is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
add a comment |Â
2 Answers
2
active
oldest
votes
up vote
2
down vote
Is there any legal standard that USPS first class mail doesn't qualify
as legal proof of delivery?
See Firefighter's Institute v. City of St. Louis, 220 F.3d 898, 903 (2000):
Although this interpretation of Rule 45(b)(1) may allow service by
other than personal delivery, it is not broad enough to include either
fax or regular mail because the court cannot be assured that delivery
has occurred.
(emphasis added).
Lexus's allegation as to its notice by first class mail might be refuted similarly. Lexus cannot prove that a recall notice was delivered to you.
answered 2 hours ago
Iñaki Viggers
3,0081212
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
add a comment |Â
up vote
1
down vote
First-class mail is acceptable for many different kinds of delivery in legal contexts. It is often not sufficient for service of a summons or subpoena, as noted in the other answer.
But I don't think any of that is relevant, because you're dealing with a product recall, not legal service.
This is almost certainly a voluntary recall, as mandatory recalls are very rare. If that is the case, I don't know of any law that requires a notice to be made in any particular way whatsoever. Instead, the Consumer Products Safety Commission has broad guidelines (see page 18) for how a company may consider communicating the fact of a recall, and they include many mechanisms that are even less verifiable than first class-mail:
- a joint news release from CPSC and the company ...
- information on company external websites ...
- a national news conference and/or television or radio announcements;
- use of a firm’s social media presence to notify consumers of the recall, including Facebook, Google +, YouTube, Twitter, Flickr, Pinterest, company blogger networks, and blog announcements ...
And so on. I don't have that much experience with consumer-protection law, but I'd be surprised if it imposed any obligation to send certified mail or anything more certain than first-class mail.
Separate from the recall requirements, though, it may be that a contract with a dealership or the warranty provides some other requirements.
answered 48 mins ago
bdb484
8,0101931
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
Is there any legal standard that USPS first class mail doesn't qualify
as legal proof of delivery?
See Firefighter's Institute v. City of St. Louis, 220 F.3d 898, 903 (2000):
Although this interpretation of Rule 45(b)(1) may allow service by
other than personal delivery, it is not broad enough to include either
fax or regular mail because the court cannot be assured that delivery
has occurred.
(emphasis added).
Lexus's allegation as to its notice by first class mail might be refuted similarly. Lexus cannot prove that a recall notice was delivered to you.
answered 2 hours ago
Iñaki Viggers
3,0081212
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
add a comment |Â
up vote
2
down vote
Is there any legal standard that USPS first class mail doesn't qualify
as legal proof of delivery?
See Firefighter's Institute v. City of St. Louis, 220 F.3d 898, 903 (2000):
Although this interpretation of Rule 45(b)(1) may allow service by
other than personal delivery, it is not broad enough to include either
fax or regular mail because the court cannot be assured that delivery
has occurred.
(emphasis added).
Lexus's allegation as to its notice by first class mail might be refuted similarly. Lexus cannot prove that a recall notice was delivered to you.
answered 2 hours ago
Iñaki Viggers
3,0081212
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
add a comment |Â
up vote
2
down vote
up vote
2
down vote
Is there any legal standard that USPS first class mail doesn't qualify
as legal proof of delivery?
See Firefighter's Institute v. City of St. Louis, 220 F.3d 898, 903 (2000):
Although this interpretation of Rule 45(b)(1) may allow service by
other than personal delivery, it is not broad enough to include either
fax or regular mail because the court cannot be assured that delivery
has occurred.
(emphasis added).
Lexus's allegation as to its notice by first class mail might be refuted similarly. Lexus cannot prove that a recall notice was delivered to you.
answered 2 hours ago
Iñaki Viggers
3,0081212
Is there any legal standard that USPS first class mail doesn't qualify
as legal proof of delivery?
See Firefighter's Institute v. City of St. Louis, 220 F.3d 898, 903 (2000):
Although this interpretation of Rule 45(b)(1) may allow service by
other than personal delivery, it is not broad enough to include either
fax or regular mail because the court cannot be assured that delivery
has occurred.
(emphasis added).
Lexus's allegation as to its notice by first class mail might be refuted similarly. Lexus cannot prove that a recall notice was delivered to you.
answered 2 hours ago
Iñaki Viggers
3,0081212
answered 2 hours ago
Iñaki Viggers
3,0081212
answered 2 hours ago
Iñaki Viggers
3,0081212
answered 2 hours ago
Iñaki Viggers
3,0081212
3,0081212
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
add a comment |Â
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
1
1
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
– bdb484
1 hour ago
add a comment |Â
up vote
1
down vote
First-class mail is acceptable for many different kinds of delivery in legal contexts. It is often not sufficient for service of a summons or subpoena, as noted in the other answer.
But I don't think any of that is relevant, because you're dealing with a product recall, not legal service.
This is almost certainly a voluntary recall, as mandatory recalls are very rare. If that is the case, I don't know of any law that requires a notice to be made in any particular way whatsoever. Instead, the Consumer Products Safety Commission has broad guidelines (see page 18) for how a company may consider communicating the fact of a recall, and they include many mechanisms that are even less verifiable than first class-mail:
- a joint news release from CPSC and the company ...
- information on company external websites ...
- a national news conference and/or television or radio announcements;
- use of a firm’s social media presence to notify consumers of the recall, including Facebook, Google +, YouTube, Twitter, Flickr, Pinterest, company blogger networks, and blog announcements ...
And so on. I don't have that much experience with consumer-protection law, but I'd be surprised if it imposed any obligation to send certified mail or anything more certain than first-class mail.
Separate from the recall requirements, though, it may be that a contract with a dealership or the warranty provides some other requirements.
answered 48 mins ago
bdb484
8,0101931
add a comment |Â
up vote
1
down vote
First-class mail is acceptable for many different kinds of delivery in legal contexts. It is often not sufficient for service of a summons or subpoena, as noted in the other answer.
But I don't think any of that is relevant, because you're dealing with a product recall, not legal service.
This is almost certainly a voluntary recall, as mandatory recalls are very rare. If that is the case, I don't know of any law that requires a notice to be made in any particular way whatsoever. Instead, the Consumer Products Safety Commission has broad guidelines (see page 18) for how a company may consider communicating the fact of a recall, and they include many mechanisms that are even less verifiable than first class-mail:
- a joint news release from CPSC and the company ...
- information on company external websites ...
- a national news conference and/or television or radio announcements;
- use of a firm’s social media presence to notify consumers of the recall, including Facebook, Google +, YouTube, Twitter, Flickr, Pinterest, company blogger networks, and blog announcements ...
And so on. I don't have that much experience with consumer-protection law, but I'd be surprised if it imposed any obligation to send certified mail or anything more certain than first-class mail.
Separate from the recall requirements, though, it may be that a contract with a dealership or the warranty provides some other requirements.
answered 48 mins ago
bdb484
8,0101931
add a comment |Â
up vote
1
down vote
up vote
1
down vote
First-class mail is acceptable for many different kinds of delivery in legal contexts. It is often not sufficient for service of a summons or subpoena, as noted in the other answer.
But I don't think any of that is relevant, because you're dealing with a product recall, not legal service.
This is almost certainly a voluntary recall, as mandatory recalls are very rare. If that is the case, I don't know of any law that requires a notice to be made in any particular way whatsoever. Instead, the Consumer Products Safety Commission has broad guidelines (see page 18) for how a company may consider communicating the fact of a recall, and they include many mechanisms that are even less verifiable than first class-mail:
- a joint news release from CPSC and the company ...
- information on company external websites ...
- a national news conference and/or television or radio announcements;
- use of a firm’s social media presence to notify consumers of the recall, including Facebook, Google +, YouTube, Twitter, Flickr, Pinterest, company blogger networks, and blog announcements ...
And so on. I don't have that much experience with consumer-protection law, but I'd be surprised if it imposed any obligation to send certified mail or anything more certain than first-class mail.
Separate from the recall requirements, though, it may be that a contract with a dealership or the warranty provides some other requirements.
answered 48 mins ago
bdb484
8,0101931
First-class mail is acceptable for many different kinds of delivery in legal contexts. It is often not sufficient for service of a summons or subpoena, as noted in the other answer.
But I don't think any of that is relevant, because you're dealing with a product recall, not legal service.
This is almost certainly a voluntary recall, as mandatory recalls are very rare. If that is the case, I don't know of any law that requires a notice to be made in any particular way whatsoever. Instead, the Consumer Products Safety Commission has broad guidelines (see page 18) for how a company may consider communicating the fact of a recall, and they include many mechanisms that are even less verifiable than first class-mail:
- a joint news release from CPSC and the company ...
- information on company external websites ...
- a national news conference and/or television or radio announcements;
- use of a firm’s social media presence to notify consumers of the recall, including Facebook, Google +, YouTube, Twitter, Flickr, Pinterest, company blogger networks, and blog announcements ...
And so on. I don't have that much experience with consumer-protection law, but I'd be surprised if it imposed any obligation to send certified mail or anything more certain than first-class mail.
Separate from the recall requirements, though, it may be that a contract with a dealership or the warranty provides some other requirements.
answered 48 mins ago
bdb484
8,0101931
answered 48 mins ago
bdb484
8,0101931
answered 48 mins ago
bdb484
8,0101931
answered 48 mins ago
bdb484
8,0101931
8,0101931
add a comment |Â
add a comment |Â
Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.
Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.
Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.
Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.
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