How to Deal With Stolen Mail Packages

Use these links to jump to different sections:

• Liability for Lost or Missing Packages
• When Is a Package Considered Delivered?
• What About Shipping Insurance?
• What if My Package Goes Missing?
• Find Experienced Legal Help

With the rise in online shopping—and thus package deliveries—there has been a rise in package theft from people’s front porches. So, legally speaking, what are the rights of a customer who is receiving a package from a delivery company? Whose responsibility is it to ensure full delivery, and who pays for a stolen package and missing mail?

Liability for Lost or Missing Packages

There are various options for liability when shipping a package. It’s safe to assume that most shipping contracts will be Freight on Board (FOB) agreements. The terms and conditions of your shipping agreement will state whether you’ve entered a FOB Destination or FOB Origin arrangement:

1. FOB Destination

Under a Freight on Board (FOB) Destination agreement, the seller or retailer is responsible for anything that happens to the goods in transit until they arrive at the destination. If the package is lost or damaged during transit with a third-party shipper or delivery service such as the United States Postal Service (USPS) or FedEx, the seller is responsible and usually must replace the item or give you a reimbursement.

2. FOB Origin

By contrast, a FOB Origin agreement means that the buyer assumes liability for the goods as soon as they are shipped from the seller’s location. The buyer carries the risk of loss from the moment the item is purchased and is responsible for the shipping.

When Is a Package Considered Delivered?

So, when does the risk of loss of a package actually transfer to the buyer? If a delivery contract doesn’t require that a buyer sign for the package, then it is deemed to have been delivered when placed near the front door. If the delivery contract requires that someone sign for the package, however, delivery is not transferred from the seller to the buyer until the hand-to-hand transfer occurs.

If you can, take the time to read some of the contract conditions before making your purchase online. Knowing when a delivered good becomes your responsibility is the key to preventing a loss.

What About Shipping Insurance?

Carriers often offer insurance to sellers, and buyers can choose whether or not to purchase insurance when ordering a package. Regardless of whether the insurance originated from the carrier or seller, it’s often the carrier who will insure the monetary amount of the package if there is an issue during delivery.

What if My Package Goes Missing?

If a package is stolen off of your porch, there are a number of steps you can take:

1. Contact the carrier to ensure the package was delivered in the agreed-upon manner. If you purchased insurance, they may reimburse you.
2. Contact the seller to see if they will replace the item. Generally speaking, Amazon replaces stolen items very quickly, and other sellers may be similarly accommodating.
3. If necessary, file a police report. Generally, a buyer must be able to prove that the package’s loss was not their fault to be reimbursed. Filing a report with the local police will not only help your claim, but it may also help keep a thief from striking again.

You can also take preventative measures. Many homeowners use automated doorbells and security systems that include a camera system that monitors porch movements. Some use combination-enabled lock boxes or have packages delivered to their workplaces or backdoors.

Find Experienced Legal Help

If you are the victim of a porch pirate, and neither the carrier nor seller is willing to reimburse you, the services of a reputable and experienced consumer law attorney may be your best call. For more information on this area of law, see our overview of consumer law.