Package Stolen and Samsung Not Refunding!

[bembol]

I remember last year my boy got the Note 20 Ultra and the Buds Live had to be delivered. His girl signed for it, yes by FedEx.

I would just call my credit card company if both sides aren't willing to help.

 

[buzzy3970]

Like never. OP also stated that they didn't require sig because they paid under 500 for the phone, but shipment value is suppose to go by product not price you pay. Either Samsung or FedEx is lying about why they didn't require signature. This is a nightmare I would wish on no one.

He said Samsung shipped not requiring signature. Can't be Fedex issue if they did that. I have never seen Samsung ship a phone not requiring so I would ask them why they shipped that way.

 

[me just saying]

The package was never in your possession. Unless you signed a Fedex signature release, leaving the package at your door does not transfer possession to you. If Samsung did not insure, Fedex liability is limited to $100. You can make a claim to FedEx for the stolen package, again, unless you signed a signature release. Samsung is responsible to either deliver the device you paid for or to refund you for the failed delivery. It is their responsibility for not insuring the package and for not requiring an adult signature.

not exactly true. once the package is delievered to the correct address, the addressee is responsible for the package. There has been a lot of articles about this recently. Because of the virus issue, signatures in general have been wavered by fedex and others. Retailers and deliverry services will work with you but in the end, they are not legally responsible.

 

[claykin]

not exactly true. once the package is delievered to the correct address, the addressee is responsible for the package. There has been a lot of articles about this recently. Because of the virus issue, signatures in general have been wavered by fedex and others. Retailers and deliverry services will work with you but in the end, they are not legally responsible.

I could care less if FedEx chooses to waive signatures due to covid, etc. The responsibility stops with them until the package is delivered to the addressee. Leaving a package outside the door at a rental apartment is not transferring possession. The renters lease is for the interior space of the apartment and all elements outside the front door are common elements of the apartment complex. FedEx and Samsung can posture any position they wish, if this was put before a court of law (in my state, for example) they'd lose. Again, assuming the recipient did not sign a signature release of some sort. This is why the signature release exists. The signature release states the shippers responsibility ends when the package is delivered to an unattended address. This is why the addressee has to sign it.

In most, if not all states, you cannot make someone waive their rights to something they couldn't reasonably know. In this case, how could the addressee know for certain Samsung wasn't requiring an adult signature on a $1000+ shipment?

As far as the OP's comment about the police report, my suggestion is to get a hard copy of the report which in most municipalities is available 5 or so business days after the report is taken. Most police departments can provide a "certified copy" which will address their requirement.

 

[Gary02468]

once the package is delievered to the correct address, the addressee is responsible for the package.

That sounds very implausible. They drop a $1500 package in a publicly accessible place, just steps from the sidewalk, when you're not even home, and you're legally responsible for whatever happens next? Can you explain please why you believe that?

 

[shook187]

Can someone explain how we post Blow by blow details of the pre-order including cancel tabs being removed, labels being printed, Credit cards being charged FedEx email notification yet we can't be there or have someone there when the package gets Delivered? Or get notified when the package gets delivered So we can just run outside and get it knowing we live in an apartment complex?

 

[Gary02468]

Can someone explain how we post Blow by blow details of the pre-order including cancel tabs being removed, labels being printed, Credit cards being charged FedEx email notification yet we can't be there or have someone there when the package gets Delivered?

Sure: many people have jobs and can't take the day off to wait for a phone delivery. But most people don't work 24 hours a day, and posting on the internet can be done any time of day when one has a spare moment.

 

[Tarah Sorber]

I'm having beef with fedex as well. Mine required signature and they held it for 3 days without delivering it to me. Then i got a notification that my phone was delivered and I signed for it! Um... no. I was standing on my porch.
I called fedex and they argued and said I signed for it. No I didn't. Then I called samsung and they also said it said I signed for it !!!! So I frantically start walking around the neighbors houses.
Here I found my phone 3 houses down on the doorstep of a college frat house... no one was home thank God. This is on fedex and I'm fine s complaint.

 

[claykin]

I'm having beef with fedex as well. Mine required signature and they held it for 3 days without delivering it to me. Then i got a notification that my phone was delivered and I signed for it! Um... no. I was standing on my porch.
I called fedex and they argued and said I signed for it. No I didn't. Then I called samsung and they also said it said I signed for it !!!! So I frantically start walking around the neighbors houses.
Here I found my phone 3 houses down on the doorstep of a college frat house... no one was home thank God. This is on fedex and I'm fine s complaint.

Case in point why FedEx and Samsung have little support for any argument that they did the right thing by the OP. I'll say again, unless the OP signed a signature release.

Glad you were able to successfully retrieve your device.

 

[swarlos]

Dispute the transaction on your debit card or credit card

Yeah I would do a chargeback so quick! That’s ridiculous. So sorry that happened to you!!

 

[RG129]

Yeah I would do a chargeback so quick! That’s ridiculous. So sorry that happened to you!!

Going through my credit card would probably be confusing since my trade-in was associated with my order and I was only charged ~$200. Once I fail to trade in my S20+ in 2 weeks, I will be charged the additional $725. I'm sure Chase would have even more questions on why I'm disputing a 2nd charge that occurs 2 weeks after my theft incident.

Samsung would still be the simplest resolution since they're managing the trade-in portion of my order as well.

 

[swarlos]

Going through my credit card would probably be confusing since my trade-in was associated with my order and I was only charged ~$200. Once I fail to trade in my S20+ in 2 weeks, I will be charged the additional $725. I'm sure Chase would have even more questions on why I'm disputing a 2nd charge that occurs 2 weeks after my theft incident.

Samsung would still be the simplest resolution since they're managing the trade-in portion of my order as well.

Well bummer. Hope you get resolved soon!

 

[claykin]

Going through my credit card would probably be confusing since my trade-in was associated with my order and I was only charged ~$200. Once I fail to trade in my S20+ in 2 weeks, I will be charged the additional $725. I'm sure Chase would have even more questions on why I'm disputing a 2nd charge that occurs 2 weeks after my theft incident.

Samsung would still be the simplest resolution since they're managing the trade-in portion of my order as well.

You claim to have provided Samsung with a police report. I will assume this police report has a case # and contact info for the police department. Assuming so, if Samsung charges you the $725 (as you claim) for the trade in you cannot return due to their failure to deliver on your purchase.... I'd contact your State AG office and a lawyer.

 

[me just saying]

That sounds very implausible. They drop a $1500 package in a publicly accessible place, just steps from the sidewalk, when you're not even home, and you're legally responsible for whatever happens next? Can you explain please why you believe that?

whether you believe it or not, it is the truth. as long as they delivered it to the correct address, they are relieved of responsibility. Why do you think so many delivery drivers take pictures when packages are dropped off?

If you do a little homework with google, you will find the truth. There are all kinds of articles about this. The following is one such article

https://www.wusa9.com/article/news/...tolen/65-52b8f478-8aee-4cf4-951b-848f263602f4

 

[claykin]

whether you believe it or not, it is the truth. as long as they delivered it to the correct address, they are relieved of responsibility. Why do you think so many delivery drivers take pictures when packages are dropped off?

If you do a little homework with google, you will find the truth. There are all kinds of articles about this. The following is one such article

https://www.wusa9.com/article/news/...tolen/65-52b8f478-8aee-4cf4-951b-848f263602f4

This article is fraught with misinformation. Comparing a stolen package to a stolen wallet from a car, is a pathetic analogy. The package you NEVER had in your possession.....The wallet you DID. Maybe DC is different, given it's mostly governed by federal law. But for the 50 states, I'm not so sure.

Keep in mind, the OP lives in an Apartment. FedEx left a package in an area that is NOT within his exclusive control. Very, very different. Find a good lawyer, not a tv station reporter.

 

[James Rogers2]

I was a FedEx driver for years and it's absolutely FedEx fault. It's up to the drivers discretion if he can safely leave a package or not. And even if he decides it's safe enough to leave the package it does not relieve them of responsibility. I had to go to court over a stolen cell that I dropped of at an apartment building and the the guys neighbor stole the phone. FedEx police had me come to court to testify.

 

[claykin]

I was a FedEx driver for years and it's absolutely FedEx fault. It's up to the drivers discretion if he can safely leave a package or not. And even if he decides it's safe enough to leave the package it does not relieve them of responsibility. I had to go to court over a stolen cell that I dropped of at an apartment building and the the guys neighbor stole the phone. FedEx police had me come to court to testify.

Yep. Thank you for providing some sensibility to this thread.

 

[me just saying]

I was a FedEx driver for years and it's absolutely FedEx fault. It's up to the drivers discretion if he can safely leave a package or not. And even if he decides it's safe enough to leave the package it does not relieve them of responsibility. I had to go to court over a stolen cell that I dropped of at an apartment building and the the guys neighbor stole the phone. FedEx police had me come to court to testify.

there is a big difference between responsibility and liability. You dropped off the phone, it was stolen, of course you would had to go to court to testify. As a driver you are reponstible to follow established procedures of the company and if you delievered according to those procedures, the company would not be legally liable for stolen deliveries. If you failed to follow procedures, then yes, the deliverly service would be liable.

 

[James Rogers2]

there is a big difference between responsibility and liability. You dropped off the phone, it was stolen, of course you would had to go to court to testify. As a driver you are reponstible to follow established procedures of the company and if you delievered according to those procedures, the company would not be legally liable for stolen deliveries. If you failed to follow procedures, then yes, the deliverly service would be liable.

Established procedure is that you don't leave a package in a unsafe place which is what that driver did making him and FedEx liable for that package. Anytime a driver leaves a package without physically handing the package to the recipient they're leaving FedEx at risk. We typically never leave packages in a apartment complex unless we can take them to the leasing office and have someone sign for them. Fedex is liable for any package that is stolen that is left without physically handing to the customer.
Unless the person being delivered to has signed a wavier saying that future deliveries can be left without a signature.

 

[claykin]

there is a big difference between responsibility and liability. You dropped off the phone, it was stolen, of course you would had to go to court to testify. As a driver you are reponstible to follow established procedures of the company and if you delievered according to those procedures, the company would not be legally liable for stolen deliveries. If you failed to follow procedures, then yes, the deliverly service would be liable.

Hmmm, responsibility or legal responsibility?

https://dictionary.law.com/Default.aspx?selected=1151