(Abstract)Transportation Risks Arising from the Use of Fraudulent UPS Account—Quanzhou Yi’s Supply Chain Management Co., Ltd. v. Quanzhou Yun’s Supply Chain Management Co., Ltd. Maritime Freight Forwarding Contract Dispute

[Basic Facts]

The defendant, Quanzhou Yun’s Supply Chain Management Co., Ltd. (hereinafter referred to as Yun’s Company), signed a “U.S. Express Transportation Service Agreement” with the plaintiff, Quanzhou Yi’s Supply Chain Management Co., Ltd. (hereinafter referred to as Yi’s Company). From May to August 2023, Yi’s Company provided freight forwarding services to the defendant, but Yun’s Company failed to pay corresponding service fees. During the trial, Yun’s Company filed a counterclaim, alleging that Yi’s Company used an illegal fraudulent UPS express account to transport goods, resulting in the detention of its goods by UPS in the United States. After having contacted UPS customer service, Yun’s Company learned that the waybill number was identified as forged. The plaintiff and the defendant had previously negotiated and determined the standard for cargo damages compensation, but Yi’s Company later failed to perform according to the agreement. The case was mediated by the Ningbo Maritime Court, and the parties reached a settlement.

[Typical Significance]

This case typically reflects the issue of cross-border e-commerce logistics service providers using fraudulent accounts for cargo transportation, resulting in cargo damages in cross-border e-commerce logistics disputes. Fraudulent accounts are generally divided into two categories: fake waybills and technical accounts. Fake waybills refer to some freight forwarding companies exploiting the loopholes of the “ship now, pay later” rules of express companies like UPS and USPS (United States Postal Service). They open accounts in the name of trading companies, obtain low-price discounts with false cargo volumes, and then collect goods or transfer waybills at cost prices or extremely low prices far below market rates. Technical accounts refer to cracking the rules of UPS waybill numbers and directly printing fake waybills for shipment. Once fraudulent accounts are discovered, they face consequences such as freight surcharges, service suspension, cargo detention, or destruction. This type of disputes is gradually increasing in frequency in cross-border e-commerce logistics dispute cases, and this risk needs to be brought to the attention of relevant practitioners.