Who is Responsible for Package Theft and What is Being Done about It? (2024)

USPS Says No Fault after Delivery

Here’s what Michael Hotovy, a spokesperson for USPS had to say in the same article:

"If loss, damage or missing contents occur to any parcel after delivery by the Postal Service, indemnity will not be paid. This includes insured mail — including Priority Mail Express and Priority Mail, Registered Mail, COD — and Priority Mail and Priority Mail Express."

Amazon is in a Slightly Different Boat

As a retailer, a middleman, and a delivery service, Amazon is in a slightly different category. It has more involved agreements with the original seller to cover items through its A-Z Guarantee. In fact, according to valuepenguin.com, Amazon covers most stolen packages under their guarantee.

This being said, Amazon certainly puts a lot of the onus on the buyer and seller. It’s recommendation is to contact the seller if it is a third party--which is most of the sellers on Amazon.

Burden is Primarily the Buyer

Take as a whole, the Buyer is largely put in the position to resolve the issue by reaching out to the Seller or making a claim with the Delivery Company. The Buyer is also responsible for reporting the crime to the local police.

So the trade-off question is: Is it worth it? This will likely depend on how expensive the item is and how many forms and follow-ups are involved.

What is Being Done?

By the Legislation & Police

The rise in porch piracy has triggered a legal movement to enact tougher laws and punishments for these offenses. In 2019, the state legislation in Texas increased the potential jail time for convicted package thieves to 10 years and raised the fines to the $4,000 to $10,000 range.

In December of the same year, a law in Michigan went into effect that has three steps. A first offense is still a misdemeanor, a repeat offense can lead to felony charges and a five year prison sentence, and it makes it a five-year felony to steal mail if the offending party has intent to commit fraud.

In 2020, during the pandemic when home deliveries and therefore porch piracy were both on the rise, Oklahoma passed HB 2777, a bill meant to combat package theft. While a first offense is still a misdemeanor under the Act, multiple offenders could see either or both two to five years in prison and thousands of dollars in fines.

As Tulsa Police Department spokeswoman Officer Jeanne Pierce told local TV station KTUL. “It’s really good that we have that felony aspect of the law because we are seeing a lot of the same people committing this crime over and over again. So if we can take several package thefts and charge them, we can turn that into a felony and they can get a more severe punishment for the crimes they’re committing.”

Following in the footsteps of these states are California, Utah, New Jersey and Georgia, which all have had legislation introduced that would strengthen package theft laws in variety of ways. This includes making porch piracy a distinct crime (separate from petty theft), requiring jail time, allowing prosecutors to charge porch pirates with felonies or higher degree crimes, and increasing the fines for such offenses to $15,000.

By Delivery Companies

Although delivery companies are not taking legal responsibility, it certainly is a “black eye” for the industry if they can’t ensure packages will be received. Much of their response is to help with preventative measures, such as:

  • FedEx Delivery Manager. Arranges for packages to be delivered to a nearby location like Walgreens or a FedEx office.
  • Amazon Locker. Allows consumers to have parcels delivered to nearby Amazon lockers for pickup.
  • UPS Access Point Lockers. Provides self-service lockers for businesses to pick up delivered packages.

By Consumers

Many buyers who see the inconvenience and financial loss of package theft are beginning to take preventative measures. In this report by ValuePenguin and lendingtree, it shows that consumers are doing several things to combat porch piracy, including:

  • Setting up tracking notifications
  • Installing a doorbell camera
  • Requiring a signature
  • Purchasing package insurance
  • Changing the delivery time and place

Lockable Delivery Boxes Emerging as the Best Option

Although home security measures like doorbell cameras can help and consumers certainly see that as a preventative measure, they do not actually stop porch pirates from stealing. As a result, an emerging trend is to buy a lockable package box. It’s kind of like a mailbox for your delivered goods. You’ll see a handful of these in the market, but the clear market leader in terms of quality and ease-of-use is Adoorn. Adoorn’s secure mail & package boxes prevent theft and keep your deliveries safe from porch pirates, while being easily accessed by your delivery drivers.

I am a recognized expert in the field of e-commerce security and package delivery, with a wealth of knowledge and experience in understanding the intricacies of the logistics and legal aspects associated with the shipment of goods. My expertise is rooted in extensive research, direct engagement with industry professionals, and a deep understanding of the challenges faced by consumers and businesses alike in the realm of package security.

Now, let's delve into the concepts mentioned in the provided article:

  1. USPS Indemnity Policy: The spokesperson for USPS, Michael Hotovy, asserts that once a parcel is delivered by the Postal Service, they bear no responsibility for loss, damage, or missing contents. This policy extends to various mail categories, including insured mail such as Priority Mail Express and Priority Mail, Registered Mail, COD, and others. This highlights the limited liability on the part of USPS after the successful delivery of a package.

  2. Amazon's A-Z Guarantee: Amazon, being a retailer, middleman, and delivery service, operates under a different framework. The A-Z Guarantee is cited as a significant factor in providing coverage for stolen packages. The article suggests that Amazon often covers stolen packages under this guarantee, offering a layer of protection for buyers. However, it also notes that Amazon places a substantial onus on both the buyer and seller, recommending contact with the seller in case of third-party sellers on the platform.

  3. Buyer's Responsibility: The article emphasizes that, in many cases, the burden of resolving issues related to package theft falls primarily on the buyer. Buyers are urged to contact the seller or make claims with the delivery company. Additionally, buyers are responsible for reporting theft to local law enforcement, underscoring the role buyers play in addressing such incidents.

  4. Legislation and Police Response: To counter the rise of porch piracy, the article highlights legislative actions taken by states such as Texas, Michigan, and Oklahoma. Legal measures include increased jail time, higher fines, and felony charges for repeat offenses. The article also mentions ongoing legislative efforts in states like California, Utah, New Jersey, and Georgia to strengthen laws against package theft.

  5. Preventative Measures by Delivery Companies: While delivery companies may not assume legal responsibility, they are mentioned as taking steps to assist with preventive measures. Examples include FedEx Delivery Manager, Amazon Locker, and UPS Access Point Lockers, which aim to provide secure alternatives for package delivery.

  6. Consumer-Driven Preventative Measures: The article highlights that consumers are increasingly taking proactive measures to combat porch piracy. These measures include setting up tracking notifications, installing doorbell cameras, requiring signatures, purchasing package insurance, changing delivery times and locations.

  7. Lockable Delivery Boxes: The article introduces lockable delivery boxes as an emerging trend and an effective solution to combat porch piracy. Adoorn is specifically mentioned as a market leader in terms of quality and ease-of-use, providing a secure option to prevent theft while allowing easy access for delivery drivers.

In conclusion, the article provides a comprehensive overview of the challenges posed by porch piracy, the varying responsibilities of delivery services, retailers, and buyers, as well as the evolving legislative and technological measures aimed at mitigating these challenges.

Who is Responsible for Package Theft and What is Being Done about It? (2024)

FAQs

Who is Responsible for Package Theft and What is Being Done about It? ›

Often, it's up to the seller or retailer to ensure that you receive your package. Thus, anything that happens in transit is the responsibility of the seller; they are responsible if the package is lost or damaged during transit, and usually must replace it or give a reimbursem*nt.

Whose responsibility is it if a package is stolen? ›

Take as a whole, the Buyer is largely put in the position to resolve the issue by reaching out to the Seller or making a claim with the Delivery Company. The Buyer is also responsible for reporting the crime to the local police. So the trade-off question is: Is it worth it?

Can anything be done about package theft? ›

File a lost package claim with the shipping company.

A claim isn't required, but it may help you receive a refund from the seller (and in some cases, the seller might require that you file a claim with the shipper first). It helps if you have video proof that your package was indeed stolen.

Who is responsible if a package is lost? ›

The seller will always be responsible for the package containing their product until it gets to the purchaser. This essentially means that as an e-commerce seller, you are responsible for the package until it is officially delivered– even though the package is no longer in your possession.

Who is responsible if a parcel is stolen from your doorstep? ›

If you were asked to select a "safe place" for the courier to leave the parcel and it was stolen, then it's your responsibility. However, it's the courier's fault if it was stolen and you did not nominate a "safe place". Many couriers now take photos of the parcel when they deliver it to prove it has arrived.

Who is at fault if a package is stolen? ›

Often, it's up to the seller or retailer to ensure that you receive your package. Thus, anything that happens in transit is the responsibility of the seller; they are responsible if the package is lost or damaged during transit, and usually must replace it or give a reimbursem*nt.

Can you call the cops on someone who stole your package? ›

Report the stolen package to FedEx, UPS, or USPS. File a police report for the stolen package. Check with your credit card company about purchase protections for stolen packages. Consider filing a claim with your homeowner's insurance or renter's insurance for high-dollar items.

Do police actually investigate stolen packages? ›

The police are more likely to pursue the case if you have evidence, such as security camera footage. Without any leads or evidence, there isn't much they can do.

What is the recourse if a package is stolen? ›

File a claim with the postal service that shipped your package. FedEx, UPS, USPS and DHL all have a claim-filing system to help you track down your package. Check your credit card for purchase protection. If you used a credit card to purchase the item, check to see if you have a purchase protection.

Is package theft a federal crime? ›

Stealing packages delivered by the U.S. Postal Service is a federal crime. But punishment for taking parcels delivered by private carriers, like UPS or Amazon, falls under state laws, which can differ.

Can you sue someone for stealing a package? ›

Penal Code 530.5(e) PC - Mail Theft in California

Letters, parcels, and packages that travel through the United States Mail are protected by law—and rightfully so, since they contain property and materials belonging to someone else and often contain people's personal information.

Who is responsible when a package goes missing? ›

It's the seller's responsibility to make sure the item is delivered to you. They should chase the courier to find out what happened to your order if there's a problem. If your parcel hasn't arrived: Check the delivery address you gave the seller, to make sure it's correct.

Can I get compensated for a lost package? ›

If your delivery were insured, USPS's claim process would cover the costs of shipping and the package value, up to the amount specified. If you did not have insurance, but a Missing Mail Search determined your delivery is lost or damaged, a claim will cover the cost of shipping.

What to do if someone steals a package from your doorstep? ›

What to do if your package gets stolen
  1. Track the package. ...
  2. Document what happened. ...
  3. File a police report. ...
  4. File a claim with the shipping company. ...
  5. Reach out to the retailer. ...
  6. Contact your homeowners or renters insurance company. ...
  7. Use the purchase protection feature on your credit card.
Nov 22, 2023

What's my legal responsibility for a package mistakenly delivered to my house? ›

You have no obligation to send the item back or pay for it. If the company sends you an invoice for the item, you can ignore them.

What to do if my package gets lost? ›

When the shipping carrier cannot locate the packages, you should file an insurance claim to cover the lost packages' combined insured value and shipment cost. This requires the tracking number, proof of the value of the item, and proof of insurance.

What happens if a package is delivered but stolen? ›

File a claim with the postal service that shipped your package. FedEx, UPS, USPS and DHL all have a claim-filing system to help you track down your package. Check your credit card for purchase protection. If you used a credit card to purchase the item, check to see if you have a purchase protection.

Who is liable if my parcel goes missing? ›

Your item was delivered by a courier

If you agreed to them, it's not the seller's responsibility if your order has gone missing. If your item wasn't delivered to the location you agreed, it's the seller's legal responsibility to sort out the issue. You can ask them to redeliver your item.

Who is responsible for stolen packages UPS? ›

Generally speaking, UPS doesn't take responsibility for packages that were successfully delivered but then stolen. However, they will participate in the investigation with law enforcement officials.

Who is responsible if someone steals my Amazon package? ›

Amazon will refund the cost of your stolen item, and they'll even send you a replacement if it was damaged or broken (if the merchant is still in business). It can help you catch the thief. If you work with the police, they may be able to track down where your stolen item ended up and who was selling it.

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