I may have to sue Fanatics or Fedex-UPDATED 5/8/25 AT END OF THREAD

[jayshum]

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.

The OP said that he has signed for many other packages in the past from FedEx and others. I would think it would be possible to compare some of those signatures with the one for this delivery.

[Peter_Spaeth]

8.4. Risk of loss and title for any Archived Item fulfilled or shipped through Fanatics Collect passes to the recipient upon proof of delivery to the recipient's fulfillment address. You are solely responsible for the accuracy of the fulfillment address included in any Release Order. Fanatics Collect is responsible for filing any claims with carriers if Archived Item is lost or damaged in transit. You are responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address included in a Release Order. The purchaser of an Archived Item through Marketplace is responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address provided to Marketplace at the time of purchase.

So at least technically, the issue is whether that squiggle is proof of delivery. I would argue NFW, and Russ' statement will fully support that. And I doubt Fed Ex can come up with a GPS or anything. But I still think this is probably resolvable between Fanatics and Fed Ex.

[nolemmings]

Interesting. Seems helpful to the OP, as it is in the nature of a destination contract.

Originally Posted by Peter_Spaeth

8.4. Risk of loss and title for any Archived Item fulfilled or shipped through Fanatics Collect passes to the recipient upon proof of delivery to the recipient's fulfillment address. You are solely responsible for the accuracy of the fulfillment address included in any Release Order. Fanatics Collect is responsible for filing any claims with carriers if Archived Item is lost or damaged in transit. You are responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address included in a Release Order. The purchaser of an Archived Item through Marketplace is responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address provided to Marketplace at the time of purchase.

So at least technically, the issue is whether that squiggle is proof of delivery. I would argue NFW, and Russ' statement will fully support that. And I doubt Fed Ex can come up with a GPS or anything. But I still think this is probably resolvable between Fanatics and Fed Ex.

[Peter_Spaeth]

Originally Posted by nolemmings

Interesting. Seems helpful to the OP, as it is in the nature of a destination contract.

Correct, assuming he can establish the "proof of delivery" is fake. Fanatics is not going to fight this IMO. It may take some time and posturing but they will work it out with Russ, or they and Fed Ex will jointly work it out.

[nolemmings]

Originally Posted by Peter_Spaeth

Correct, assuming he can establish the "proof of delivery" is fake. Fanatics is not going to fight this IMO. It may take some time and posturing but they will work it out with Russ, or they and Fed Ex will jointly work it out.

If not fake at least erroneous. OP says he has a one-man office in an office bldg. I assume he provided Fanatics with any applicable suite number if there are other offices in the building. Otherwise it may be sufficient to deliver to an adult at any suite. If suite was listed and FedEx delivered to wrong office, then it might not be considered a "fake" as much as a sig o/b/o. Doesn't mean there wasn't a screw-up, but would point more to negligence than anything nefarious by Fed Ex.
I agree as to the ultimate resolution, assuming the card is not found.

[Kawika]

Came home a few weeks ago and saw these packages at the door. The larger box contained a Kreindler painting. Signature was to have been required but they let that slide. Good thing it wasn't a rainy day and a good thing the porch pirates were elsewhere. Not that it really mattered but it was upside-down for good measure. Gotta love FedEx.

[Peter_Spaeth]

At least they followed the instruction not to lay it flat.

[Brick442]

I avoid FedEx like the plague. I live in a large town that has a community page on Facebook. A while back there were many discussions about the theory that FedEx drivers in our area ran out of time at the end of the day, marked all undelivered packages in their trucks as delivered, and delivered those packages next day. This caused a lot of confusion and anxiety as customers believed their packages were missing. I believe the drivers did this to hit their metrics. There were many, many documented instances of this on our page.

FedEx apparently caught on because drivers stopped doing this for whatever reason. However, some drivers appear to have found a new method to help their metrics: If they had two deliveries on the same street or nearby, and say it was busy (holiday season, etc), they would seem to deliver both packages to one address and let neighbors 'sort it out' hoping they wouldn't have the time to contact customer service. This has happened to me twice and many times to others on our page as well.

I understand the drivers are under the crunch, as the metrics are becoming unreasonable, but it seems that the customer is suffering. I had a $2000 signed Jordan Baseball left at my neighbors house, thankfully he brought it over.

[bmattioli]

Method of payment? Any help with them?

[drmiraculous]

I hope you litigate their b*lls off, they've had it coming for ages! Fedex is the worst.

[LOUCARDFAN]

If you can find out who the delivery driver is I would add that individual personally to any lawsuit filed.

I had an instance many years ago with an airline ticketing agent who had to reprint my baggage tag and ended up printing a new tag and used someone else’s ticketing info that shared my last name. My bags ended up not making it to my destination and the airline couldn’t track them and they would only honor a very small amount for the lost bag and item replacements.

I ended up suing the airline and the ticketing agent personally in small claims for the replacements cost of the lost items. The airline ended up having one of the airlines legal counsel flying in to meet and it was all easily settled to my satisfaction.

I wish you luck on this and hopefully this can be settled to your satisfaction.


Sent from my iPhone using Tapatalk

[russkcpa]

Originally Posted by Kawika

Came home a few weeks ago and saw these packages at the door. The larger box contained a Kreindler painting. Signature was to have been required but they let that slide. Good thing it wasn't a rainy day and a good thing the porch pirates were elsewhere. Not that it really mattered but it was upside-down for good measure. Gotta love FedEx.

You should go onto the proof of delivery page. At the bottom there SHOULD BE the recipients signature. I wonder what it looks like.

[russkcpa]

[QUOTE=LOUCARDFAN;2489318]If you can find out who the delivery driver is I would add that individual personally to any lawsuit filed.

Of course Fedex WOULD NOT allow me to contact the driver. I was told that the following day the driver was dispatched to the destination but failed to retrieve the package.

Of course the driver never came to my office. What a F--King joke.
And yes......my office suite number is clearly marked on the package

[russkcpa]

Thank you everyone for your advice and your stories about Fedex and the lack of compliance with "signature confirmation". I was SO unaware at how common place this practice seems to be. Just to reiterate the facts:

This package was sent with signature confirmation.

My entire office suite number is included on the bill of lading from Fanatics

I was never visited by the driver even after Fedex dispatched him/her back to the destination.

I will file a police report ASAP.

I am so pissed off by this entire experience but will work in a civil manor with my personal rep Chris Peerboom at Fanatics to find a resolution. I am going to pressure Fanatics about the signature used by the Fedex driver and about remedies without legal action.

[Peter_Spaeth]

Originally Posted by russkcpa

Thank you everyone for your advice and your stories about Fedex and the lack of compliance with "signature confirmation". I was SO unaware at how common place this practice seems to be. Just to reiterate the facts:

This package was sent with signature confirmation.

My entire office suite number is included on the bill of lading from Fanatics

I was never visited by the driver even after Fedex dispatched him/her back to the destination.

I will file a police report ASAP.

I am so pissed off by this entire experience but will work in a civil manor with my personal rep Chris Peerboom at Fanatics to find a resolution. I am going to pressure Fanatics about the signature used by the Fedex driver and about remedies without legal action.

The resolution should be that after a reasonable time when the card does not turn up and there is nothing further to be done to locate it, Fanatics refunds you and it's then their problem to deal with Fed Ex or their insurer. But it may take some time if your rep has to go up the chain which he may need to do given the size of the transaction. If you feel he's not being sufficiently responsive, there's a guy at Fanatics I dealt with who was fantastic on a (smaller and not controversial) issue I had, would give you his name. Best of luck.

[LOUCARDFAN]

[QUOTE=russkcpa;2489346]

Originally Posted by LOUCARDFAN

If you can find out who the delivery driver is I would add that individual personally to any lawsuit filed.

Of course Fedex WOULD NOT allow me to contact the driver. I was told that the following day the driver was dispatched to the destination but failed to retrieve the package.

Of course the driver never came to my office. What a F--King joke.
And yes......my office suite number is clearly marked on the package

FED EX just like UPS have regular drivers that drive the same daily routes so it would be very easy to find the driver responsible. The company isn’t going to divulge that information on their own. Finding and speaking to the driver may help his memory.


Sent from my iPhone using Tapatalk

[JamesGallo]

Well i had a similar situation in 2022 where a box sent from psa that hand like 75 cards worth about 20k at the time vanished. Same deal went through every which way and even got my state representative involved. I got no where at all unfortunately. I hope your situation works out better for you. Bases on my experience with ups and fedex, neither get true signatures often. There is no excuse and honestly its surprising this doesnt happen more often and there has not been a class action lawsuit but here we are. I know various auction houses wont use certain companies but i honestly dont think anyone is better just a preference. Best of luck

James G

[philo98]

This is the main reason I carry collectibles insurance. For fire and theft is almost secondary, but my policy also covers shipments that are lost or never show up.

[icollectDCsports]

Originally Posted by philo98

This is the main reason I carry collectibles insurance. For fire and theft is almost secondary, but my policy also covers shipments that are lost or never show up.

But are you sure your insurer would agree that this shipment didn’t show up?

[samosa4u]

Originally Posted by icollectDCsports

But are you sure your insurer would agree that this shipment didn’t show up?

Exactly. If the package is marked as delivered and signed by someone, then good luck getting your money back from your insurer.

[BobbyStrawberry]

OP: do you know if there was information on the box that would have made a thief interested in it?

I know some AHs don't do this, but I've received auction winnings in a package that clearly indicates it's from an auction house, which isn't great.

[Mozzie22]

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.

This. Why would anyone ship a $40k card?

[russkcpa]

Originally Posted by BobbyStrawberry

OP: do you know if there was information on the box that would have made a thief interested in it?

I know some AHs don't do this, but I've received auction winnings in a package that clearly indicates it's from an auction house, which isn't great.

Unfortunately I never saw the box !!

[Balticfox]

Notify the police and get a lawyer. Start legal proceedings to get FedEx and their driver to testify. Otherwise your card and the money you paid for the card have probably both disappeared.

[philo98]

Originally Posted by icollectDCsports

But are you sure your insurer would agree that this shipment didn’t show up?

Yes they already reimbursed for a “lost” package. I just showed documentation that I have no idea who the person was that signed it and FedEx couldn’t show or proof the name of the person. Also I showed I’m the only person who resides at my residence. As a lot of people on this board, I have CIS. Have had great experience with them overall.

[Peter_Spaeth]

LOL some of the advice on this board is really misguided.

[Exhibitman]

I'd suggest reporting the card to PSA as stolen and asking them to de-certify it. Also, contact the editors at Sports Collectors Daily, SCD, cllct, etc., and ask them to report on the stolen card. Just to make it harder for the thief to flip it. You might also offer a reward of a few thousand dollars through your local PD for info leading to the return of the card, and ask the hobby press to report on it too. FWIW, I will mention the theft in my next blog. Sunlight is a strong disinfectant, so to speak.

[Peter_Spaeth]

Originally Posted by Exhibitman

I'd suggest reporting the card to PSA as stolen and asking them to de-certify it. Also, contact the editors at Sports Collectors Daily, SCD, cllct, etc., and ask them to report on the stolen card. Just to make it harder for the thief to flip it. You might also offer a reward of a few thousand dollars through your local PD for info leading to the return of the card, and ask the hobby press to report on it too. FWIW, I will mention the theft in my next blog. Sunlight is a strong disinfectant, so to speak.

For ten points, whose quote was that originally?

[Exhibitman]

Originally Posted by Peter_Spaeth

For ten points, whose quote was that originally?

Louis Brandeis.

How about: "Three generations of imbeciles are enough"?

[Vintagedeputy]

Fed Ex package sorting looks to be fairly efficient. I can’t imagine what could ever go wrong!

[BillyCoxDodgers3B]

Originally Posted by Peter_Spaeth

And I doubt Fed Ex can come up with a GPS or anything.

I'm not so sure of that. Now, if FedEx is willing to provide that information is a different matter entirely.

While the situation I'm about to relay was with UPS, I have to imagine that FedEx would be using the same technology:

A couple of years ago, my UPS shipment was misdirected per tracking. I called UPS. Completely unprompted, the lady I spoke with gave me the exact current GPS coordinates. I plugged them into Google. It was the loneliest stretch of Texas back country imaginable. It was on a moving truck at the time. So they have to have the coordinates for exactly where it was actually delivered.

[bnorth]

Originally Posted by Peter_Spaeth

LOL some of the advice on this board is really misguided.

My favorite is to track down and confront the delivery driver. Pretty sure that would go well. Sometimes I seriously wonder if a few posters just post the silliest thing they can think of.

[BigfootIsReal]

Originally Posted by bnorth

My favorite is to track down and confront the delivery driver. Pretty sure that would go well. Sometimes I seriously wonder if a few posters just post the silliest thing they can think of.

How dumb of everyone to give advice!! We completely forgot to just let YOU respond since obviously your advice is all that matters. Please, forgive us all.

[SyrNy1960]

Originally Posted by bnorth

My favorite is to track down and confront the delivery driver. Pretty sure that would go well. Sometimes I seriously wonder if a few posters just post the silliest thing they can think of.

I actually had a situation where I had a Derek Jeter minor league autographed bat being delivered via FEDEX from the New York Yankees. I always make sure I'm home the day I have deliveries coming, and I meet the delivery driver at the door. FEDEX truck pulls up, driver leans the box on my door, then quickly runs back to his truck. I opened the door, saw that one end of the box was open, and yelled to the driver to come back. I showed him the opened box (No doubt in my mind that he knew it was open), had him call FEDEX to tell them the box was empty, and that I was on my way to FEDEX.

I get to FEDEX, and the manager had me wait in his office, while he went to check. 45 minutes later, the manager comes in with the bat. Said they found the bat in one of the bins, so it must have fell out of the box, which I knew was a bunch of bull crap.

No doubt a FEDEX employee saw on the box that it came from the New York Yankees, knew it was a bat box, and attempted to steal it.

I was lucky that this worked out for me.

[bnorth]

Originally Posted by BigfootIsReal

How dumb of everyone to give advice!! We completely forgot to just let YOU respond since obviously your advice is all that matters. Please, forgive us all.

There is a huge difference between good advice and stuff like you just posted.

[hammertime]

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.

Same, this has worked well for me so far.

Originally Posted by BobbyStrawberry

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

Agreed, FedEx is the absolute WORST IMO, and for some reason the packages that PSA sends don't qualify for a vacation hold, so if I'm out of town I have to try to finagle something so they don't get returned. So stupid.

[BigfootIsReal]

Originally Posted by bnorth

There is a huge difference between good advice and stuff like you just posted.

My last post didn't contain advice. Only looking for forgiveness to all that gave advice that's not worthy of your opinion.

[bnorth]

Originally Posted by BigfootIsReal

My last post didn't contain advice. Only looking for forgiveness to all that gave advice that's not worthy of your opinion.

Have you ever even made a post that contributed to anything?

I do feel sorry for the OP and if he caught the driver before they left great because that is a completely different thing. Yes I honestly think tracking down the driver is crazy and can not end well. Even worse was sending a package to yourself so you can confront the driver. I don't know the answer but know that is not it.

[BigfootIsReal]

Originally Posted by bnorth

Have you ever even made a post that contributed to anything?

I do feel sorry for the OP and if he caught the driver before they left great because that is a completely different thing. Yes I honestly think tracking down the driver is crazy and can not end well. Even worse was sending a package to yourself so you can confront the driver. I don't know the answer but know that is not it.

I did this exact thing. Sent a package to myself (NDA), I asked driver and he showed me where he delivered it, right next door, I went in and the lady had it setting on her desk. Thank you very much

[Peter_Spaeth]

I would think since Russ reported the issue to FedEx, they would have contacted the driver already to see if the box was misdelivered, and checked on any GPS readings?

[Exhibitman]

Why any AH would ship a small item of that value by any means other than registered "lose my job and maybe go to jail if I mess with the package" mail is beyond me. I get that it takes longer and is a PITA to do, so maybe offer it as an option at a higher cost?

Confronting the driver: I actually did this once with a USPS registered package (T206 Young portrait). The delivery missed me so i went to the office where they hold registered mail and where it was supposed to be stored the next morning, which is what the delivery attempt slip told me to do. It wasn't there, and the manager of the PO was pissed as hell. I knew the driver on the route was not the usual guy, so I went truck chasing. I found him and asked him nicely (not being ironic here) to check for the package. It was there. He'd put it back on the truck like any other package and hadn't followed protocol for registered mail and logged it back in for the night as he was supposed to. He was a probie and he got fired for it, so you know they are dead serious about registered mail. I got my card.

[Balticfox]

Originally Posted by bnorth

Yes I honestly think tracking down the driver is crazy and can not end well. Even worse was sending a package to yourself so you can confront the driver. I don't know the answer but know that is not it.

You seem to want to let the driver off the hook. If the package was misdelivered, would it not have been the driver who did the misdelivering? And would he not have been at least present when a signature was obtained? The driver needs to do some explaining.

And since FedEx appears to be stonewalling, how else do you propose learning who delivered the package where?



Never assume malevolence when simple stupidity/negligence will serve as an explanation. But very quick steps must be taken when a $40,000 package disappears.

[Balticfox]

Originally Posted by Exhibitman

Why any AH would ship a small item of that value by any means other than registered "lose my job and maybe go to jail if I mess with the package" mail is beyond me.

He was a probie and he got fired for it, so you know they are dead serious about registered mail.

I've gotten three lessons from this thread:

1) Send anything good by registered mail. After all, we collectors don't need fast. We need guaranteed.

2) If I spend anything close to $40,000 on a collectible, I'll pick it up myself.

3) I'll avoid buying Michael Jordan's rookie card if at all possible.

[russkcpa]

Originally Posted by Peter_Spaeth

I would think since Russ reported the issue to FedEx, they would have contacted the driver already to see if the box was misdelivered, and checked on any GPS readings?

Hi Peter,
Yes....I contacted Fedex immediately after I checked with the other tenants in the building. Fedex tells me NOTHING. The day of the delivery (January 13th) when I contacted Fedex to send the driver back to my office, they said they could not. They told me to go on line and click on "report missing package"

When I spoke to a "manager/supervisor" named Kewanna on January 14th she said that Fedex sent the driver back to retrieve the package with no luck.The driver NEVER came to my office.

I then received an email on January 15th thanking me for reaching out about my case and telling me "after exhausting all search options, we haven't been able to locate this shipment. Please contact your shipper"

[Peter_Spaeth]

Originally Posted by russkcpa

Hi Peter,
Yes....I contacted Fedex immediately after I checked with the other tenants in the building. Fedex tells me NOTHING. The day of the delivery (January 13th) when I contacted Fedex to send the driver back to my office, they said they could not. They told me to go on line and click on "report missing package"

When I spoke to a "manager/supervisor" named Kewanna on January 14th she said that Fedex sent the driver back to retrieve the package with no luck.The driver NEVER came to my office.

I then received an email on January 15th thanking me for reaching out about my case and telling me "after exhausting all search options, we haven't been able to locate this shipment. Please contact your shipper"

If they admit they haven't been able to locate the shipment, that's much better for you than claiming it was delivered. So they've given you what you need vis a vis Fanatics' terms and conditions, and any claim against FedEx should it be necessary.

[Balticfox]

FedEx is clearly stonewalling. You need to escalate to a legal investigation immediately because FedEx won't willingly assist you any further. Someone fraudulently signed for the package on your behalf. There's legal culpability right there over and above criminal negligence on FedEx's part.

[russkcpa]

I have sometimes had Fedex packages that require signature confirmation diverted to Walgreens nearby. They know me by my face, yet EVERY TIME I pick up a package I must show my drivers license.

This is such a joke. I am still waiting for my Fanatics rep Chris Peerboom to get this resolved in a civil manor.

PSA is closed today but I will get this SN decertification started first thing tomorrow.

Thanks again for all of the advice and Fedex experiences...what an eye opener.
Russ

[russkcpa]

Originally Posted by Peter_Spaeth

The resolution should be that after a reasonable time when the card does not turn up and there is nothing further to be done to locate it, Fanatics refunds you and it's then their problem to deal with Fed Ex or their insurer. But it may take some time if your rep has to go up the chain which he may need to do given the size of the transaction. If you feel he's not being sufficiently responsive, there's a guy at Fanatics I dealt with who was fantastic on a (smaller and not controversial) issue I had, would give you his name. Best of luck.

Thanks for the offer Peter. I'll let you know if I hit a roadblock with Chris at Fanatics.

[Balticfox]

But it wasn't Fanatics that "lost" your card. It was FedEx.

[Peter_Spaeth]

Originally Posted by Balticfox

But it wasn't Fanatics that "lost" your card. It was FedEx.

Fanatics sold him the card, and has an obligation to deliver it. The simplest recourse here for Russ is against Fanatics. Now that FedEx has admitted it cannot locate the package, and is not claiming it was delivered, this should be open and shut. It is then Fanatics' problem to deal with the company THEY paid to deliver the card.