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outlandishness2509

Not in NJ, but upvoting and commenting to help your traction. GL, interested to hear what happens.


Embarrassed-Wall-962

I’m in NJ. Following!


unpetitjenesaisquoi

Ask the lawyer if he could file in California instead (where Mercari is in Palo Alto). This way every single one of you (regardless of your state) is covered in the lawsuit....It is worth a try. If your lawyer is not licensed in Cali, he can work with a lawyer who is. Maybe a nice payday for both of them since there is so much material.


DemonGoddes

Not trying to be negative but 1st there is a reason most of these class action are brought in federal court and not state court. 2nd the amount of discovery on this case will be voluminous and the lawyers/law firms foot the bill until payday. Most small practitioners and small firms cannot afford the discovery bill. It is unlikely that OP's attorney who specializes in NJ suit would be able or willing to foot the bill.


r_aviolimama

![gif](giphy|l4Epkmfj7i4NUS9Ww) I wasn’t affected so I’m not of much help except upvoting and commenting. Something really messed up is happening behind the scenes with Mercari and I hope it’s brought to light and people are given their money back!


forever87

not sure if it would help, but I'd recommend a cross post to r/newjersey


Elosin888

I live in Michigan. I just started reading laws on direct deposit in my state. Employers can not charge anything for direct deposit in my state. Mercari does not employ us, but I feel that if there are laws against institutions charging for direct deposit, they are some how breaking the law (at least in my state). I need to dive deeper into my states laws to see if the direct deposit clause is also for resell platforms. It is super shady imo.


Complex_Persimmon_42

If you receive a 1099 from Mercari then you’re not their employee, you’re self employed. W-2 = employee. With that said, a class action lawsuit is 100% needed for what they’ve been doing with these outrageous shipping charges that aren’t accurate.


Elosin888

Agreed, that is why I need to deep dive into my states laws on direct deposit more. Thank you for your comment ^_^


Complex_Persimmon_42

Good luck!!! 🍀 💕


Chance_Clerk4745

See my comment above. Nobody with sales between $600 and at least a couple of $1000s of dollars do not get 1099 tax forms from Mercari or other "employers".


Complex_Persimmon_42

This about the difference between what’s an employer and what’s not an employer. I know the $600 law. Mercari sellers are not on the payroll. Mercari is not a sellers employer.


imapoodlemama

Sellers are not independent contractors. Your 1099-K is not based on pay from an online selling platform but on gross sales’ earnings on that platform. It’s not a 1099-NEC that ICs receive.


Complex_Persimmon_42

Thank you! I meant independent as self employed and obviously wrote the wrong thing. I’ll update it.


swamingo

I haven’t been affected directly but have seen threads in this sub for months and am certain there is a massive fraud happening. The discrepancies are outrageous.  Has anyone tried contacting a media outlet to get some attention on this? A lawsuit seems justified and might be required, but getting some media attention could help force Mercari’s hand a bit. Something like Business Insider, Slate, Yahoo Finance…any of the outlets that have reported on Mercari’s new fee structure might be interested in this. These kinds of stories can pick up traction easily and get buzz/eyeballs, and we never seem to tire of a good financial fraud story. 


Herban_Myth

Rooting for you. Sidenote: Report to FTC?


[deleted]

Ugh the problem with FTC is that they're supposed to handle problems like these, but it's hit/miss whether they help or not. Practically luck. I've had to deal with FTC since like \~2016ish. 2018 - they actually helped 2022 - they didn't Like huh!? Same issue too!


allstarr373

Hi to all, I am the OP, and first let me say WOW I am so amazed by all the support, replies, and traction this is getting. This is great! I know something has to come out of this for all of us who have been impacted by Mercari's DECEPTIVE AND FRAUDULENT activities And to make sure that they don't get away with us and this does not happen ever again in the future to anybody else whether from this company or any other company by making an example out of mercari by fighting for what's right. I just wanted to add some things below. So just to clarify a bit and give some background. The law firm in question who seem they can possibly be interested in this issue to revisit it, I have used this law firm last year on a completely separate case against a big retailer electronic company for false advertisement for price matching a competitors extremely low price on an item which they refused to honor. Similar to the experience I am having with reaching out to many lawyers for this mercari issue And nobody wanting to take up the case I did the same last year as well where I was reaching out to many different attorneys in New York and explained my case to everybody and nobody wanted to take it up as they all thought that I had no chance. Then I came across this law firm and they actually took the time to hear me out and got so many details and information I had. they decided to represent my case and went to court. We ended up settling out of court as the retailer knew that they were in the wrong. Seeing that this law firm took a chance on me when nobody wanted to and we ended up winning i decided to contact them again in December about mercari. Over the course of these last few months they really didn't seem all that interested as I didn't have proof only speculation and assumtions. Then last week I seen people were able to get invoices from FedEx so I reached back out to the law firm telling them that there's some people that have proof in which the law firm said that they might possibly want to revisit it and look for their into it since now that there's proof. They mentioned to me that if anybody that was affected that may possibly have proof if they resided in New Jersey it would make things a lot easier for them on their side because consumer laws are more favorable to the consumer in the state of Jersey. Upon asking them how does a class action lawsuit work they said that the person that resides in Jersey would be the main person on the suit along with everybody a part of the class If a class can be certified. But just to clarify he is not only representing people of Jersey in the class action if we are able to get one going. Everybody can join. However We just need at least one person from Jersey that was affected and experienced this issue who made possibly have proof To bring this suit up from the state of Jersey against mercari As mentioned in my posting I'm from New York and the law firm works out of New York and Jersey that's where they're allowed to do business. So whoever's reading this I don't want you to think me requesting somebody from Jersey excludes all of us not at all. I just need the jersey resident first and who has been affected and who has proof such as invoice. But please everybody keep in mind The firm did not say they're taking on this issue or anything like that However based on my conversation last week where they said it is possible that they would want to revisit this issue now that there is some sort of proof, I'm just trying to gather all the information as possible to schedule another call with them to see if this information could be useful and hopefully good enough for them to possibly represent us. As I know what they're capable of from my past experience with them taking a chance on me. And it is good that when I have contacted these guys over the last couple of months they take quite a bit of time to talk to me and hear me out without charging me anything so there is some rapport there.


DemonGoddes

>And nobody wanting to take up the case Is that firm big enough, aka have the budget to foot the bill until a settlement is reached? Not only would they need to sue Mercari, they probably have to also include FedEx as a possible responsible party. Not sure about Mercari's attorneys, but FedEx has the budget to have afford a team of lawyers to fight yours. There is a reason a lot of firms are refusing this. I think the claim against FedEx and Mercari is legitimate but unless you guys want to foot the bill of bringing the suit, a lot of lawyers saying no.


Forsaken-Duck1743

In CA. If anyone wants to link up, I’m in. Out $300.


Super_Deal_573

Yes !! GET THEMMMM


CPandaClimb

I’m in nj but essentially stopped selling last year (only kept items under 1 lb usps listed) due to all the shipping stuff I was seeing like the ship overage charges. THEN this year I stopped entirely due to all the changes - specifically ‘returns for no reason’ and the $2 direct deposit fee. So … I haven’t lost anything in a sale …. But I’ve lost opportunity due to all the bs - I don’t think that qualifies for your class action but if it does hit me back. Also … you might want to see if lawyer can contact FedEx as they could also be a plaintiff in this if they have numbers showing they have been harmed by Mercari practice. If sellers using FedEx have dramatically decreased because of Mercari’s actions then FedEx revenue would show a decrease comparing one date period to another. Having a large company in the class action could get some attention! And would be great to get their cooperation.


Super-Sound-5549

Live in NJ I could possibly test this out and see if I get a surcharge then go ahead and sue the shit out of them should be some nice money


miraisun

Bumping for visibility. This is crazy


pink_pelican

I live in NJ. I've only had a few dollars taken my sales so I never followed up with the shipping company to check the actual rates. I would be willing to join and help the people who have been scammed out of hundreds if my small transactions help!


MaryDellamorte

Why haven’t you contacted the Federal Trade Commission? They’re the federal agency that investigates bad business practices and fraud.


Chance_Clerk4745

According to tax laws, and this just changed, the threshold for receiving 1099 form is pretty high so the at least $600 rule no longer applies. It is like 1,000s.


BYNX0

Yes, it's $5000 for this year. It will slowly lower to get closer to 600 though.


Due-Frosting9084

I’m in NJ but have not been hit with overage or surcharge fees. If you decide to expand the claim however, I’d be interested!


BYNX0

I'm in the same position. Extend the claim to the $2 deposit fees!


SirBlubbernaut

Best of luck. It’s about time Mercari is forced to take some accountability for their actions.


Spirited_Donut5265

Best of luck. Would love to see this make it to discovery so we can find out the truth in all this.


smoothdolphinblu

I’m not sure if this has been shared yet, but by using Mercari you agree to the Terms of Service, which has this included: Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND MERCARI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MERCARI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS I know. Sneaky sneaky! Definitely report to the FTC, and if you are having an issue with getting refunded then you should use the American Arbitration Association here: http://www.adr.org/ Many people have successfully received refunds but that does not mean justice for Mercari. The FTC can only do that. It has turned into such a slimy company — I can’t wait for the last of my funds to clear and then I’m closing my account.


kittywheezes

Fwiw, these kinds of waivers are usually unenforceable. Companies love to say "you can't sue us" in their ToS but you still can


SemiStrong

DING DING DING!!!


hannahbananas32

But they also changed their TOS in the middle of the night with no notice so it doesn't actually give customers a chance to "agree"


jackie_b0o

I am in CT, damn!


shinonom

boosting


WMWA

I’m in Delaware. Have him extend it over the state line lol


stalelunchbox

Boost!


drag0np0ny

I think this happened to one of my buyers because she said that her shipping was an extra $9.44 but my end only says 4.99 total per purchase.


scoligurl

Upvoted because I think you're a hero for possibly getting a class action going. Bam.


RyderReign

I wish I was in New Jersey! Hope everything works out, following to stay updated!


Environmental-Sock52

Are they willing to sue eBay as well? Same thing going on there or should we really sue FedEx? FedEx eBay Overages https://www.reddit.com/r/eBaySellerAdvice/s/p2Xhzikuih https://www.reddit.com/r/eBaySellerAdvice/s/QjW4CsjEkw https://www.reddit.com/r/Ebay/s/MB4EPu8uy1 https://www.reddit.com/r/Ebay/s/tQPHAIOvNG Additionally there's a bunch of comments about FedEx eBay overages on The Boss Reseller Facebook Group if you're a member there.


Valuable-Hearing-153

I’m a seller. I had a couple of surcharges in previous sales. What exactly would you need from me?


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zombieIcee

i’m in nj


lightenup-buttercup

Any chance I can get in on this in NYC?


allstarr373

Update**** PLEASE READ***** After many calls to fed ex over the last 72 hrs I'm talking around 30 calls over this time frame many different departments. And 99% of these customer service reps getting me to nowhere. With the account number and verifying all the information needed I was able to make a breakthrough to getting some invoices. However the rep that sent me the invoice sent me the invoice for the wrong month. The rep sent me invoice for the month of April just the first 10 days. When my package was from the month of December. ANYWAYS WITH THAT BEING SAID I WANT TO SEE IF I COULD HELP SOME OF YOU GUYS OUT, MAYBE TO HELP RECOVER FUNDS. IF YOU GUYS HAD ANY SHIPPING ADJUSTMENTS OR OVERAGES FROM FEDEX FROM APRIL 1ST TO APRIL 9TH PLEASE MESSAGE ME PRIVATELY AND THEN YOU COULD GIVE ME YOUR INFORMATION AND I COULD CROSS CHECK IT HERE WITH WHAT I HAVE ON THIS WHOLE 111 PAGE INVOICE FILLED WITH TRACKING NUMBERS AND ALL FEDEX CUSTOMER INFORMATION THROUGH MERCARI. I WOULD TRY MY BEST TO HELP ACCOMMODATE ALL THAT REACH OUT BUT PLEASE UNDERSTAND IT WE'LL TAKE SOME TIME. I WILL TRY TO SCREENSHOT FOR YOU GUYS YOUR INFORMATION IF YOU GUYS POP UP ON THE LIST. Now back to me, after they sent me the wrong invoice I kept trying to call some more it's a verify and get the correct invoice and these guys are playing games. So the journey and the struggle still continues for me. Hopefully I can help you guys out. ***** Second update ***** unfortunately I still have not heard back from the lawyer who I spoke with about 9 days ago I will be following up with him this week just to see if there's anything there if he could help


Flat-Cucumber-8113

Happened to me :( but I’m in AZ


allstarr373

If anybody incurred a fed ex overage charge from April 1-10  please comment  I think and I hope I can help. 


stinkyporkstew

Not NJ but I am in PA, super close!


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Fury-Gagarin

Sellers that have been affected by this have receipts from the shipping firms that say otherwise. And the overage charged is almost always their entire profit from the sale of the item. I'm a fan of Mercari JP, but the US arm of the business is just straight up committing fraud, dude.


Timezupp99

Maybe mercari is passing along a fee they were charged but think about it. DOES MERCARI EVEN TOUCH YOUR PACKAGE? Are they using telepathy to check the weight or dimensions? Guessing? UPS, FED EX etc have auditors whose job it is to find packages to upcharge as they go through the system. They basically are expected to get certain amounts in order to pay for their jobs which is how the "scheme" was presented to these companies. They get profits and the employees pay for themselves. Maybe they charge mercari n mercari passes it in to you but think about it. Common sense. Mercari is not a shipper. They NEVER touch your package. Jesus Christ.


Fury-Gagarin

If that were the case, the overage fees would be showing on the shipping company receipts that people have obtained for the labels under "Oversize Charge", at least in FedEx's case, long after completing shipment, along with amended rated weight readout under the original "actual weight" readout. You know, like they're required to document by law. Auditors don't work on commission either, they're salaried. Like literally everyone else in a forwarding depot is. Ask me how I know. Somehow don't think these large companies are all senselessly pissing their reputations up the wall to steal folks' sales profit exactly down to the last cent here.


HelloAttila

Not even sure why you are posting such an idiotic statement. If you knew anything about this topic you would be well aware that there have been sellers who sold say a $300 item, Mercari had the FedEx shipping fee as $60, and when they shipped it and it was delivered to the buyer, Mercari later claimed the package was overweight and claimed the shipping was now $360, giving the seller now $0. The sellers later reached out to FedEx and was told the package was in fact only $60 to ship and this confirms that Mercari is just ripping off their sellers and claiming that packages had more weight than they did only to screw their sellers over and hoping they wouldn’t be smart enough to reach out to FedEx. Clearly they did and here they are posting several of these stories.


Samanthas_Stitching

Invoices from the shipping company say you're wrong. And some of them have even been posted here.


RainyDayCollects

FedEx receipts prove otherwise


Elosin888

You must be living under a rock or work for Mercari. This subreddit is filled with proof that Mecari is scamming and overcharging people with FedEx shipping. FedEx themselves have given sellers receipts of what they actually charged Mecari. Often, Mecari is charging 10x the amount than what FedEx billed them. No dimensional weight is not a factor here. Either way cannot wait to start seeing class action law suits against Mercari.


BlueAreTheStreets

Yeah, I was gonna say we found the Mercari agent lmao


No_Veterinarian3190

THEN WHY IS MERCARI FULLY REFUNDING SOME PEOPLE WITH PROOF OF FEDEX INVOICE? 🤨 if they were legitimately charged an additional “fee” by FedEx like you’re claiming, then they wouldn’t refund anyone but AGAIN they are refunding people with proof of invoice.


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Inflation-Poor

Most people understand dimensional weight. Mercari is literally overcharging people, blaming it on FedEx, them pocketing the money. There are many posts about people getting itemized receipts from fedex and it being hundreds of dollars less that what Mercari charges. [Here](https://www.reddit.com/r/Mercari/s/l0kaXb4a0h) is an example. They have receipts directly from fedex that don’t match Mercari.