I may have to sue Fanatics or Fedex-UPDATED 1/25/25 AT END OF THREAD

[russkcpa]

Here are the facts:
I won a PSA graded trading card for around $40K in a Fanatics auction
The item was shipped to me (at my one man office in an office building) Fedex Priority overnight with adult signature required.....delivery for Friday January 10th. I paid around $140 for shipping and insurance. Item delayed and rescheduled for Monday January 13th
On January 13th I receive an automated email from Fedex indicating "item delivered" NO ONE FROM FEDEX delivered an item to me.
I immediately contact Fedex customer support (they are useless) and was told they are looking into it. I am adamant about CONTACTING THE DRIVER ASAP to find out what happened to the package and to send him up to my office. They, of course ignore my request.

After a few days of contacting managers, supervisors, etc I get a "proof of delivery" with a squiggly line as a signature and signed by R.Russ (see attachment) I have signed for hundreds of items over the years from Fedex, UPS, USPS, Staples, etc with the same signature (see attachment)

Fedex sends me a case update on Wednesday January 15th indicating "after exhausting all search options, we have been unable to locate this shipment"
Fedex WILL NOT LET ME meet with the driver. One supervisor said the driver was dispatched BACK TO THE LOCATION and can not retrieve the package. The driver NEVER contacted me or visited my office.

I have been in touch with my great Fanatics personal representative (Chris Peerboom) who is contacting their logistics department to see about an insurance claim. I am concerned that the insurer will say "technically there is a signature so we are off the hook".

This is total BULLSHIT on the part of Fedex. You would think they would tell me where the driver delivered the package to. They leave you in the dark. How can Fedex be this flippant about this matter ?? If I were working for Fedex I would have been pretty thorough in attempting to retrieve the package and investigating who signed for the driver.

Hoping I am wrong about Fanatics insurer.
Russ

[oldjudge]

I'm pretty sure that Fedex limit on insurance is $5000 and they don't insure cards---how was the package insured?

[ullmandds]

that sucks big time...what was the card?

[packs]

I hope there is a positive outcome. I bought a very expensive baseball and it was delivered by FedEx with the same signature requirement. Like you, I was waiting on edge for my package. I got the same BS automated delivered message even though nobody rang my bell. It said my package had been signed by a C. Covid. I ran downstairs and luckily my package was there but I was extremely annoyed.

[BigfootIsReal]

I've been in shipping for over 37 years and have dealt with UPS / Fed. ALL drivers for these companies are on a tight schedule. UPS fired one of the drivers that delivered here because he was forging signatures and just leaving the package(s) outside the shipping door. IF the same driver delivers to you all the time (his route), I'd send a package to myself (sig req) then you could talk to him.

[D. Bergin]

Yeah, it's been 4 days now. You should get out there what the card was so other people can look out for it, in case it pops up in the wild.

Sorry this happened to you.

I'm assuming Fanatics was using a Private Insurance company for their packages, because it costs waaaay more then $140.00 to Overnight and insure a 40K package with any shipping service.

I don't know about FedEx, but when I was at UPS in the 90's, you'd be fired immediately if you let any 5K+ package go, without getting a valid in-person signature...union worker or not.

[russkcpa]

Originally Posted by D. Bergin

Yeah, it's been 4 days now. You should get out there what the card was so other people can look out for it, in case it pops up in the wild.

Sorry this happened to you.

I'm assuming Fanatics was using a Private Insurance company for their packages, because it costs waaaay more then $140.00 to Overnight and insure a 40K package with any shipping service.

I don't know about FedEx, but when I was at UPS in the 90's, you'd be fired immediately if you let any 5K+ package go, without getting a valid in-person signature...union worker or not.

Fanatics uses a private insurer.

Picture is from the Fanatics auction ad.

[oldjudge]

Then why would you sue FedEx? It's now an issue for Fanatic's insurance company.

[russkcpa]

Originally Posted by packs

I hope there is a positive outcome. I bought a very expensive baseball and it was delivered by FedEx with the same signature requirement. Like you, I was waiting on edge for my package. I got the same BS automated delivered message even though nobody rang my bell. It said my package had been signed by a C. Covid. I ran downstairs and luckily my package was there but I was extremely annoyed.

C.Covid signature same concept as R.Russ
I am going to have Fedex send me old "proof of delivery" signatures. I hope they keep them in a digital file.

[BobbyStrawberry]

That's awful. I'm sorry to hear about this.

Do you think there is someone in your building/complex who signed for you, or do you think the driver forged the signature?

I can't imagine that FedEx was your choice...for items of that value (and really even far below it), every single AH should allow winners to choose the shipping method. FedEx can be such a nightmare. For all the complaints about USPS, USPS Registered would not have led to this outcome IMO

[jimq]

When I worked at USPS we had GPS in our scanners so they could tell where a package was delivered. But they would never share that with a customer.

Also "adult signature" is way different from signature confirmation or restricted delivery. With only "adult signature" we didn't check somebody's ID if they were obviously adult. With signature confirmation we had to check ID to see that the name you signed was the name on the ID. With restricted delivery the name on your ID had to be the name the package was addressed to.

I just wonder if insurance covers misdelivery. With it not being fedex insurance, is it covered for damage or loss or is it covered for failure to safely deliver it to you? It wasn't lost or damaged, just not properly delivered.

Good luck, I hope they come thru for you.

[Andrew1975]

I have had issues with FedEx in the past. I started having them hold packages at a nearby distribution center, so I can just pick them up at my convenience, and no further problems. I hope this is resolved for you quickly, and without a lot of stress.

[perezfan]

Originally Posted by Andrew1975

I have had issues with FedEx in the past. I started having them hold packages at a nearby distribution center, so I can just pick them up at my convenience, and no further problems. I hope this is resolved for you quickly, and without a lot of stress.

This is exactly what I do now, as well. Best of luck.... an awful situation, and hoping you get your proper recourse.

[russkcpa]

Originally Posted by oldjudge

Then why would you sue FedEx? It's now an issue for Fanatic's insurance company.

I would think that the insurance company that Fanatic’s uses needs ONLY a signature to consider an item “delivered”
I am charging FedEx with NEVER HAVING OBTAINED a signature.

[vintagerookies51]

I have heard many FedEx drivers don't even attempt to get a signature. They'll just show up and slap the piece of paper on the door. As someone mentioned, I always select to pick it up at a nearby location.

[BobbyStrawberry]

Originally Posted by vintagerookies51

I have heard many FedEx drivers don't even attempt to get a signature. They'll just show up and slap the piece of paper on the door. As someone mentioned, I always select to pick it up at a nearby location.

This happens to me quite often. (Blank slip on the door with no information whatsoever.)

[Aquarian Sports Cards]

Originally Posted by oldjudge

I'm pretty sure that Fedex limit on insurance is $5000 and they don't insure cards---how was the package insured?

They do insure collectibles up to $1000. Obviously that's no help here.

[BigfootIsReal]

I ran the numbers. To insure 40K and sending Next Day Air it would cost $665

[Mark17]

As far as the signature goes, my actual signature, using a pen, is way different from the squiggle I'm able to produce, when using my fingernail on their signature pad. I think those signatures, scrawled with a finger, are useless.

When I get stuff from Heritage, I am required to show ID - my drivers' license - and they capture an image of it.

[LEHR]

Two years ago, on my birthday no less, I had a package misdelivered by FedEx containing four Type 1 photos on their way back from PSA. We have 12 cameras front and back of our building and I have proof no FedEx delivery was made here on the stated day, or at the stated time. We also had no employee working here by the name of the person who signed for my package. Dealing with FedEx was a complete joke and their customer service is garbage. After a few days of trying to get FedEx to do anything I contacted PSA and filed a claim. Four months later I had a check in hand that covered the full value of the photos, as well as all shipping and authentication fees. Dollar wise I came out ahead, but I'd still rather have my photo's back. Three were of Fred Clarke and one was of Vic Willis from 1909. To this day I've never seen any other photos like those and I'm still pissed about this. I've never used FedEx since and go out of my way to make sure shippers do not send my packages FedEx.

[4815162342]

Originally Posted by Andrew1975

I have had issues with FedEx in the past. I started having them hold packages at a nearby distribution center, so I can just pick them up at my convenience, and no further problems. I hope this is resolved for you quickly, and without a lot of stress.

+1

I have started doing this when I know I will not be home to sign for a package. FedEx would leave a door tag half the time, and the other half they would sign for it and leave it at the front door.

[nwobhm]

The Jordan Holy Grail is a card that is picked up in person. No way in Hell I would trust the shitbirds at UPS FedEx or USPS with that.

[Yoda]

Originally Posted by nwobhm

The Jordan Holy Grail is a card that is picked up in person. No way in Hell I would trust the shitbirds at UPS FedEx or USPS with that.

I sniff driver larceny in this sad tale.
If delivery services had any idea the righteous anger of collectors, who have saved, done their homework and bought a big card, only to find it has gone astray due to the carrier's negligence might think about improving service by vetting their drivers more carefully

[frankbmd]

My Fedex story is one where the seller insisted on my signature when the package was delivered and it was cards. Fedex notified me that the package would be delivered during the morning hours. In our gated community theft is not a problem, but the seller insisted. The value of the parcel was $400, not 40K.

I waited at home for the morning delivery that did not happen. I continued to wait, pen in hand, but at 4PM there was a loud thud at the front door (that sounded like a break in attempt). I went the front door and my package was on the ground having been pitched by the driver at my door. The truck was pulling away when I looked up.

The seller packaged the cards well and they survived the bombing of my front door. Fortunately the front door survived as well. I never saw a signature of the driver and I suspect his office didn't either. With all the tales mentioned in this thread, my own position about signature verification on delivery seems vindicated.

Waiting 8 hours for a bomb to explode at the front door does not seem warranted either.

The nearest pick up location offered by Fedex is 20 miles away (40 miles for the round trip)

Hopefully things will work out more favorably for the OP as well.

[Peter_Spaeth]

I only skimmed but have you contacted Fanatics, explained the situation, and asked them to deal with Fed Ex as they are the customer?

[Balticfox]

Originally Posted by Yoda

If delivery services had any idea the righteous anger of collectors, who have saved, done their homework and bought a big card, only to find it has gone astray due to the carrier's negligence might think about improving service by vetting their drivers more carefully

That won't do it. The only thing that could give the delivery services pause is a court ruling with mega punitive damages for negligence over and above full compensation to the individual who didn't get delivery.

[SyrNy1960]

Originally Posted by Mark17

When I get stuff from Heritage, I am required to show ID - my drivers' license - and they capture an image of it.

Should be this way with all shipping services. Way too many packages not being delivered properly.

[samosa4u]

This is every card guy's worst nightmare! I'm sorry this had to happen to you.

Using a company like FedEx or UPS or DHL overnight and getting signature provides extra layers of security, but nothing is a hundred-perfect safe. Like many of you posted already, picking up your parcel from one of the nearest locations to your home can provide you with even more security.

I've had many parcels get shipped to me through FedEx and they're pretty good here (Toronto). There was only one time where the American sender didn't get signature and my package was left at the wrong house. When we called customer service, they reached out to the driver and he told them that he had left it at the right house. This went on for a few days, but then the driver brought the package to my house and handed it to my mother (he apologized).

I've had Canada Post deliver my packages to the wrong houses a few times - total nightmare. I even had to chase the CP worker down the street once and make him retrieve my package!

[Lucas00]

Like Lehr said about cameras for proof, that is your ticket to victory. You are in an office building so hopefully you can just show the proof that there was never anything dropped off.

[russkcpa]

Originally Posted by BobbyStrawberry

That's awful. I'm sorry to hear about this.

Do you think there is someone in your building/complex who signed for you, or do you think the driver forged the signature?

I can't imagine that FedEx was your choice...for items of that value (and really even far below it), every single AH should allow winners to choose the shipping method. FedEx can be such a nightmare. For all the complaints about USPS, USPS Registered would not have led to this outcome IMO

I would guess the driver. My first area of discovery will be to review all of the driver’s signature deliveries. I would bet that “forged signature “ is not a first.

[russkcpa]

My first call was to the landlord. Bank of America was a tenant on the ground floor. Unfortunately there are no closed circuit cameras in the alcove or parking lot.

[hcv123]

Originally Posted by russkcpa

I would guess the driver. My first area of discovery will be to review all of the driver’s signature deliveries. I would bet that “forged signature “ is not a first.

page of cards was stolen including an autographed 1961 Clemente and 1961 Hornsby from a package whine in Fedex's possession for less than 14 hours. They "investigated" Conclusded nothing - whole process is laughable, but not in the least bit funny!

Wonder if there are enough of these type situations for a class action lawsuit. As previously mentioned until this atrocious accountability costs Fedex real money (ie. Expensive lawsuit settlement), I suspect the lack of process follow through and accountability will continue.

It is situationally great to be covered by insurance in these cases, but more globally 1) It lets Fed Ex (or other shippers) off the hook regaridng true accountability and ends up costing us all more for insurance as a result of FedEx emloyees negligent behabvior!

[notfast]

Wonder if filing a police report would get anywhere…40k is no joke.

[sb1]

I had a consignor/board member send a package Fed EX to my residence last week, signature required, I was home all day and about 4;30 received an email alert from FedEx, package was delivered. I jumped up, knowing no one had rang the bell and assumed they just left it at the door and went on. Nope, nothing there. walked the 50 yards down the drive to the mailbox and a white box is leaning against the mail box in the 6" of snow we just got....

Had I not gotten the email, I would have never known and as the others the signature was a little short scribble.

[Peter_Spaeth]

Originally Posted by sb1

I had a consignor/board member send a package Fed EX to my residence last week, signature required, I was home all day and about 4;30 received an email alert from FedEx, package was delivered. I jumped up, knowing no one had rang the bell and assumed they just left it at the door and went on. Nope, nothing there. walked the 50 yards down the drive to the mailbox and a white box is leaning against the mail box in the 6" of snow we just got....

Had I not gotten the email, I would have never known and as the others the signature was a little short scribble.

Drivers are either too busy to complete their routes within the allotted time, or lazy. The USPS fairly often does not come to the door asking me to sign, they just leave it in the box or on the porch. I don't get much by Fed Ex, but they have always asked for a signature.

[Balticfox]

Originally Posted by Peter_Spaeth

Drivers are either too busy to complete their routes within the allotted time, or lazy.

I agree. That's the bottom line. And until FedEx has to pay dearly, very dearly, for the situation, it's not going to change.

[Peter_Spaeth]

Originally Posted by Balticfox

I agree. That's the bottom line. And until FedEx has to pay dearly, very dearly, for the situation, it's not going to change.

Like businesses selling goods budget for return costs, Fed Ex probably just sets aside a reserve for negligence or theft claims, and whatever internal reform would be necessary to reduce them probably isn't worth the cost.

[Lucas00]

Its to the point I almost want to say postal delivery workers need to start wearing body cams for proof of every drop off.

[conor912]

Originally Posted by notfast

Wonder if filing a police report would get anywhere…40k is no joke.

sooner the better, imo.

[russkcpa]

Originally Posted by Peter_Spaeth

I only skimmed but have you contacted Fanatics, explained the situation, and asked them to deal with Fed Ex as they are the customer?

Hi Peter,
Yes I have. Chris Peerboom is my personal rep at Fanatics. He is looking into it with their logistics department. As I said, my concern here is that if the insurance company for Fanatics sees the "squiggle" that represents a signature, will they deem themselves off the hook ??

Based on much of what I've read this phony signature is quite common. I am prepared to file a lawsuit with Fedex. I think they are WELL AWARE of this type of practice where the driver signs and just drops a package. I only wish we had closed circuit cameras in the lobby OR outside to see if this was the case.

[nolemmings]

It would probably depend on the terms and conditions of any agreement you had with Fanatics, but it seems to me you could have a claim against Fanatics for failure to deliver the card you purchased. You would argue that FedEx is their agent responsible for taking the proper steps to ensure delivery and while you do not know exactly what happened, you can establish that the card never arrived through no fault of your own. Contracts between buyer and seller generally address the issue of who bears the loss in either of two ways-- it is the buyer's problem once it reaches the shipper (out of seller's control) or it is the seller's problem until it reaches the destination. You might still have to rebut an argument that it reached the destination as shown by the squiggle, but that is a fact question that you face against either FedEx or Fanatics anyway.

I assume that if you are going to sue anyone it will be through a lawyer, so it would be worthwhile to consult with one now if you have not and ask about all options, although a good lawyer need not be asked that question in the first place.

[samosa4u]

Originally Posted by nolemmings

It would probably depend on the terms and conditions of any agreement you had with Fanatics, but it seems to me you could have a claim against Fanatics for failure to deliver the card you purchased. You would argue that FedEx is their agent responsible for taking the proper steps to ensure delivery and while you do not know exactly what happened, you can establish that the card never arrived through no fault of your own. Contracts between buyer and seller generally address the issue of who bears the loss in either of two ways-- it is the buyer's problem once it reaches the shipper (out of seller's control) or it is the seller's problem until it reaches the destination. You might still have to rebut an argument that it reached the destination as shown by the squiggle, but that is a fact question that you face against either FedEx or Fanatics anyway.

I assume that if you are going to sue anyone it will be through a lawyer, so it would be worthwhile to consult with one now if you have not and ask about all options, although a good lawyer need not be asked that question in the first place.

Yeah, this is what I was thinking too. Do you sue Fanatics or FedEx or both ?? These are questions you need to ask a lawyer.

Also, are there any buildings across or near to you with cameras ?? Maybe they have cameras pointing towards your building ??

And because of the high amount involved here, do you not have to notify the police ??

[D. Bergin]

You can blame the individual drivers all you want, but it's a top/down attitude, likely connected to delivery speed quotas, along with getting docked for bringing packages that haven't been signed for back to the building.

I doubt very many FedEx drivers are pilfering packages themselves. It's just too easy to get caught at that stage of the delivery, and your movements are tracked from minute to minute. What they ARE doing is, whatever they can to keep from bringing a package back to the building, which includes scrawling fake signatures, and leaving packages where they can easily be pilfered by others, or out in the weather, or just straight up mis-delivering...sometimes with a fake sig.

Usually the out for the fake sig is "Talked to the customer earlier, and they said I could sign for them".

Of course they are told not to do this by their supervisors.....followed by a tacit wink, wink, and a "do whatever you have to do to keep your job" kick in the ass on the way out the door in the morning.

I WAS a delivery driver in a former life. We have a front covered porch that's out of the weather, that every delivery driver wishes for, when they drop off a package at any house.

We've had FedEx drivers leave packages at the top of the driveway by the mailbox next to the road, in the driveway, right in front of the garage door ready to get run over when you go to back out, in the yard to the side of the driveway, in the little pull off parking spot halfway down the drive....etc....

Hell, we even had a Chewy Dog Food box left at the end of a neighbors driveway a 1/2 mile down the street a month ago or so. Got the "Delivered" notice, complete with a picture of the box in a strangers driveway, that was definitely not our own. Not even at HIS front door, but perched on a wall at the end of his driveway. Thankfully the neighbor was kind enough to truck it back to our house before we figured out exactly where it was misdelivered to.

No rhyme or reason either. Not all the FedEx drivers do that, but we seem to live in a sort of delivery dead spot that gets a different driver every day.

The other delivery outfits don't deliver in the same manner... at least not in my experience.

Not USPS, not UPS, not even Amazon does that, and we might get 3 different Amazon drivers in a single day.

Just FedEx and some other delivery outfit named "Uniuni" that we get every once in awhile.

Hell, the others might tear up our gravel driveway, and occasionally back into our garage...but at least they get the package where it's supposed to go.

There's also the fact, FedEx will notoriously take all the money you want to give them for Insurance coverage, but then dance around what and how much they will actually cover if something actually goes down. That's a directive all the way from the top to be that evasive in your practices.

[D. Bergin]

I do think one of the pitfalls of having a Private Insurance carrier, especially with very high value packages, is that the carriers themselves have no idea they are handling a high value package, so the chain of custody could end up being much more lax.

I'm sure if the driver who mis-delivered/pilfered/left out in the open, whatever...knew he was handling a 40K package, there's no way he would have forged a signature and been as careless as he was with that package.

When I was at UPS (and I'm going by memory, so the numbers might be slightly off), anything that was declared over 2K was handled and packed on the truck separate from everything else and was adult signature required whether it was requested by the shipper or not...and anything over 5K was handled and shipped in completely different shipping containers and with a chain of custody far different then the rest of the normal shipments.

[Balticfox]

Originally Posted by Balticfox

That won't do it. The only thing that could give the delivery services pause is a court ruling with mega punitive damages for negligence over and above full compensation to the individual who didn't get delivery.

The thing about puntive damages is that they're intended to punish for malevolence, negligence, etc. They should therefore not go to the plaintiff (who's already receiving full compensation) but to say a charity fund. This would have the effect of increasing the size of punitive damage awards enormously.

Originally Posted by D. Bergin

You can blame the individual drivers all you want, but it's a top/down attitude, likely connected to delivery speed quotas, along with getting docked for bringing packages that haven't been signed for back to the building.

I doubt very many FedEx drivers are pilfering packages themselves. It's just too easy to get caught at that stage of the delivery, and your movements are tracked from minute to minute. What they ARE doing is, whatever they can to keep from bringing a package back to the building, which includes scrawling fake signatures, and leaving packages where they can easily be pilfered by others, or out in the weather, or just straight up mis-delivering...sometimes with a fake sig.

Usually the out for the fake sig is "Talked to the customer earlier, and they said I could sign for them".

Of course they are told not to do this by their supervisors.....followed by a tacit wink, wink, and a "do whatever you have to do to keep your job" kick in the ass on the way out the door in the morning.

I WAS a delivery driver in a former life. We have a front covered porch that's out of the weather, that every delivery driver wishes for, when they drop off a package at any house.

We've had FedEx drivers leave packages at the top of the driveway by the mailbox next to the road, in the driveway, right in front of the garage door ready to get run over when you go to back out, in the yard to the side of the driveway, in the little pull off parking spot halfway down the drive....etc....

Hell, we even had a Chewy Dog Food box left at the end of a neighbors driveway a 1/2 mile down the street a month ago or so. Got the "Delivered" notice, complete with a picture of the box in a strangers driveway, that was definitely not our own. Not even at HIS front door, but perched on a wall at the end of his driveway. Thankfully the neighbor was kind enough to truck it back to our house before we figured out exactly where it was misdelivered to.

No rhyme or reason either. Not all the FedEx drivers do that, but we seem to live in a sort of delivery dead spot that gets a different driver every day.

The other delivery outfits don't deliver in the same manner... at least not in my experience.

Not USPS, not UPS, not even Amazon does that, and we might get 3 different Amazon drivers in a single day.

Just FedEx and some other delivery outfit named "Uniuni" that we get every once in awhile.

Hell, the others might tear up our gravel driveway, and occasionally back into our garage...but at least they get the package where it's supposed to go.

There's also the fact, FedEx will notoriously take all the money you want to give them for Insurance coverage, but then dance around what and how much they will actually cover if something actually goes down. That's a directive all the way from the top to be that evasive in your practices.

Like I say, punitive damages. That's the solution.

[Peter_Spaeth]

Originally Posted by russkcpa

Hi Peter,
Yes I have. Chris Peerboom is my personal rep at Fanatics. He is looking into it with their logistics department. As I said, my concern here is that if the insurance company for Fanatics sees the "squiggle" that represents a signature, will they deem themselves off the hook ??

Based on much of what I've read this phony signature is quite common. I am prepared to file a lawsuit with Fedex. I think they are WELL AWARE of this type of practice where the driver signs and just drops a package. I only wish we had closed circuit cameras in the lobby OR outside to see if this was the case.

The signature, to me, appears self-evidently fake. Fanatics may have some leverage also, it's a huge business beyond the auction site. I am optimistic you will work this out without having to file a lawsuit, which is rarely the best solution for any small (in context, not being denigrating here) dispute.

[Peter_Spaeth]

Originally Posted by nolemmings

It would probably depend on the terms and conditions of any agreement you had with Fanatics, but it seems to me you could have a claim against Fanatics for failure to deliver the card you purchased. You would argue that FedEx is their agent responsible for taking the proper steps to ensure delivery and while you do not know exactly what happened, you can establish that the card never arrived through no fault of your own. Contracts between buyer and seller generally address the issue of who bears the loss in either of two ways-- it is the buyer's problem once it reaches the shipper (out of seller's control) or it is the seller's problem until it reaches the destination. You might still have to rebut an argument that it reached the destination as shown by the squiggle, but that is a fact question that you face against either FedEx or Fanatics anyway.

I assume that if you are going to sue anyone it will be through a lawyer, so it would be worthwhile to consult with one now if you have not and ask about all options, although a good lawyer need not be asked that question in the first place.

Right, check the terms and conditions for sure. I do think the presumption, if the agreement does not provide otherwise, is that the seller's risk of loss ends upon tender to a common carrier. But that said, Fanatics sure as hell does not want or need bad publicity and if they can't work this out with their insurer or Fed Ex, they may still not want to stiff Russ. Anyhow, lawsuit here should be last resort.

[Peter_Spaeth]

Originally Posted by Balticfox

The thing about puntive damages is that they're intended to punish for malevolence, negligence, etc. They should therefore not go to the plaintiff (who's already receiving full compensation) but to say a charity fund. This would have the effect of increasing the size of punitive damage awards enormously.



Like I say, punitive damages. That's the solution.

No, the solution here is to resolve it. Even if punitive damages were available in a lawsuit, Fed Ex is a company with a 65 BILLION dollar market cap, I hardly think a punitive damages award in a suit for a 40K loss/theft is going to matter to them. People constantly overstate the in terrorem effect of civil litigation, not to mention have very little understanding of how hard it is to bring a class action in most circumstances.

[ALR-bishop]

Everytime I have been asked to sign for a package, usually electronically, whether I use my finger or an object or a pen, no one, incuding me, would recognize the signature. Any mark or scratching seems to suffice. Others may be more careful or precise or encounter delivery people who are more particular.

[Peter_Spaeth]

Originally Posted by ALR-bishop

Everytime I have been asked to sign for a package, usually electronically, whether I use my finger or an object or a pen, no one, incuding me, would recognize the signature. Any mark or scratching seems to suffice. Others may be more careful or precise or encounter delivery people who are more particular.

Kind of like modern autograph cards, eh?