Sivak v. United Parcel Service Co.

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT IN ITS ENTIRETY OR, IN THE ALTERNATIVE, FOR JUDGMENT ON THE PLEADINGS

’ GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

Plaintiffs Steven B. Sivak and International Samaritan contend that United *704Parcel Service (UPS) intentionally overcharges customers who purchase additional liability coverage for packages with a declared value of over $300.00. Each overcharge may be less than $1.00, but these overcharges can quickly add up given UPS’s position as the world’s largest package delivery company. Under…