Is there any legal standard that USPS first class mail doesn't qualify as legal proof of delivery?

The name of the pictureThe name of the pictureThe name of the pictureClash Royale CLAN TAG#URR8PPP











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.










share|improve this question







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.























    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.










    share|improve this question







    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.





















      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.










      share|improve this question







      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.







      mail






      share|improve this question







      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.











      share|improve this question







      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.









      share|improve this question




      share|improve this question






      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




      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.




















          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.






          share|improve this answer
















          • 1




            Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
            – bdb484
            1 hour ago

















          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.






          share|improve this answer




















            Your Answer







            StackExchange.ready(function()
            var channelOptions =
            tags: "".split(" "),
            id: "617"
            ;
            initTagRenderer("".split(" "), "".split(" "), channelOptions);

            StackExchange.using("externalEditor", function()
            // Have to fire editor after snippets, if snippets enabled
            if (StackExchange.settings.snippets.snippetsEnabled)
            StackExchange.using("snippets", function()
            createEditor();
            );

            else
            createEditor();

            );

            function createEditor()
            StackExchange.prepareEditor(
            heartbeatType: 'answer',
            convertImagesToLinks: false,
            noModals: false,
            showLowRepImageUploadWarning: true,
            reputationToPostImages: null,
            bindNavPrevention: true,
            postfix: "",
            noCode: true, onDemand: true,
            discardSelector: ".discard-answer"
            ,immediatelyShowMarkdownHelp:true
            );



            );






            Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.









             

            draft saved


            draft discarded


















            StackExchange.ready(
            function ()
            StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f32514%2fis-there-any-legal-standard-that-usps-first-class-mail-doesnt-qualify-as-legal%23new-answer', 'question_page');

            );

            Post as a guest






























            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.






            share|improve this answer
















            • 1




              Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
              – bdb484
              1 hour ago














            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.






            share|improve this answer
















            • 1




              Do the rules for serving subpoenas have any applicability to the rules for delivering a recall notice?
              – bdb484
              1 hour ago












            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.






            share|improve this answer













            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.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            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












            • 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










            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.






            share|improve this answer
























              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.






              share|improve this answer






















                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.






                share|improve this answer












                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.







                share|improve this answer












                share|improve this answer



                share|improve this answer










                answered 53 mins ago









                bdb484

                8,0101931




                8,0101931




















                    Steve Chong is a new contributor. Be nice, and check out our Code of Conduct.









                     

                    draft saved


                    draft discarded


















                    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.













                     


                    draft saved


                    draft discarded














                    StackExchange.ready(
                    function ()
                    StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f32514%2fis-there-any-legal-standard-that-usps-first-class-mail-doesnt-qualify-as-legal%23new-answer', 'question_page');

                    );

                    Post as a guest













































































                    Popular posts from this blog

                    How to check contact read email or not when send email to Individual?

                    Displaying single band from multi-band raster using QGIS

                    How many registers does an x86_64 CPU actually have?