Suit Claims UPS Charged Customers Different Rates For The Same Sized Packages

NEW YORK (CBSNewYork) -- An allegation lodged by the Department of Consumer Affairs claims that Whole Foods mislabeled weights on pre-packaged foods.

Now, a lawsuit filed in federal court in Manhattan alleges that UPS is overcharging customers.

The suit claims that stores, including several in Manhattan, charged customers different rates for same-sized packages.

"Up charging through mis-measuring the size of packages, as well as the weight of packages," plaintiff attorney, Bill Brewer explained over the phone to CBS2's Christine Sloan.

The allegations came on the heels of Whole Foods being accused of mislabeling pre-packaged foods, slapping the same price on them, no matter what the weight.

The suit against UPS also alleges a practice called up selling.

"Some come with a package that needs to be there in two days and they try to sell you express service that will get you there in one day or two days, but maybe the basic service will get you there in two days as well," consumer expert Scott Rothbort explained.

UPS said it can't comment on pending litigation, but did offer a statement.

"We have policies and procedures in place to prevent inconsistent or improper billing discrepancies, and also conduct ongoing training and communication to ensure these policies are being adhered to across the network."

Rothport said the oldest tricks are used at candy stores and delis.

"You go in, ask for a quarter pound of sliced cheese, then they slice the cheese and put on the scale, but you don't see they put their finger on the scale behind the counter," he said.

Whole Foods has denied the allegations.

UPS said that when a store is accused of over charging they investigate immediately.

Over charging can also happen at gas pumps. Experts said you should always make sure the pump you're using has a sticker that says it's been OK'd by the Department of Weights and Measures.