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

russkcpa · #1 01-18-2025, 07:22 PM

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 · #2 01-18-2025, 07:27 PM

Quote:

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.

russkcpa · #3 01-20-2025, 12:02 PM

Quote:

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 · #4 01-20-2025, 12:55 PM

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

Peter_Spaeth · #5 01-20-2025, 01:14 PM

Quote:

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.

BobbyStrawberry · #6 01-20-2025, 01:20 PM

Quote:

Originally Posted by Peter_Spaeth

Now that FedEx has admitted it cannot locate the package, and is not claiming it was delivered

Is that what they're claiming, though? Sounds like they claimed it was delivered ...

Quote:

Originally Posted by russkcpa

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)

Peter_Spaeth · #7 01-20-2025, 01:23 PM

"after exhausting all search options, we haven't been able to locate this shipment. Please contact your shipper"

Does that sound to you like a claim they delivered it?

Balticfox · #8 01-20-2025, 02:00 PM

Quote:

Originally Posted by Peter_Spaeth

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.

That may solve Russ' problem, but won't contribute to ending the ongoing negligence at FedEx. You said earlier that class action lawsuits are difficult to file. But is criminal negligence not a felony (in U.S. terminology) in most States? Somebody needs to hold the ass of those responsible (including the policy makers) at FedEx to the fire or else they'll just crunch the numbers and adjust their pricing without making any changes to ensure safe delivery. Introducing criminal culpability into the equation is the only way to induce change at FedEx. And when $40,000 disappears, there are grounds for criminal prosecution (at least for criminal negligence).

Peter_Spaeth · #9 01-20-2025, 02:03 PM

Quote:

Originally Posted by Balticfox

That may solve Russ' problem, but won't contribute to ending the ongoing negligence at FedEx. You said earlier that class action lawsuits are difficult to file. But is criminal negligence not a felony (in U.S. terminology) in most States? Somebody needs to hold the ass of those responsible (including the policy makers) at FedEx to the fire or else they'll just crunch the numbers and adjust their pricing without making any changes to ensure safe delivery. Introducing criminal culpability into the equation is the only way to induce change at FedEx. And when $40,000 disappears, there are grounds for criminal prosecution (at least for criminal negligence).

I think Russ did say he filed a police report. That's the vehicle for pursuing a criminal action.

russkcpa · #10 01-20-2025, 03:05 PM

Quote:

Originally Posted by Peter_Spaeth

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.

You are correct.....shouldn't Fedex have been able to retrieve the package that the driver JUST HAD THE RECIPIENT SIGN ? I asked several times to tell me who they delivered the package to. They refused to tell me.

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