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.

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? ›

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.

Who is responsible for package theft? ›

The buyer carries the risk of loss from the moment the item is purchased and is responsible for the shipping.

Who is legally responsible for lost packages? ›

It is more often the seller's responsibility, whether or not it is their fault. First contact the seller as they might be willing to send you a replacement item. Then either you or the seller will most likely file a claim with whoever delivered the package, which is why shipping insurance can be very important.

Who is responsible for UPS stolen packages? ›

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 for missing the USPS package? ›

The USPS may locate the package or discover that it was lost or damaged. In either case, the responsibility shifts from the sender to the carrier. If this happens, the sender should file an insurance claim and request compensation from the carrier.

Who is responsible if a parcel is stolen? ›

If you agreed for your parcel to be left in a safe place and it's then stolen, it's your responsibility. But if the courier left the parcel somewhere you didn't authorise, it's the retailer's responsibility to sort it out.

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

1. File a police report. If you seriously suspect you've been hit by a porch pirate, and something was stolen from your stoop, call the police and file a police report for the stolen package. Without witnesses, they won't be able to do much, but they'll take note of the incident.

Who pays when a package is lost? ›

The short answer is: The seller, which means you, the business owner. Obviously, if you printed the wrong address on the shipping label, didn't include a return address, or poorly packaged the item, it's 100% on you to compensate the customer with a new shipment or a refund.

Who is liable for porch pirates? ›

Under normal circ*mstances, no one is legally obligated to cover your losses to porch pirates. One exception would be when the delivery company is responsible for the loss — for example, when the package is stolen by the driver or delivered to the wrong address.

Whose responsibility is a lost package? ›

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.

What do I do if my package says delivered but I never got it? ›

In case your package shows delivered, but it's not there: -Check with family members, neighbors, co-workers, a building manager, apartment office, or others who may have accepted your order on your behalf. - The carrier may have placed your order somewhere near your door, out of plain view.

Can I get a refund if my package was stolen UPS? ›

Start a claim within 60 days of the scheduled delivery for packages that have been lost or damaged, or if a collect on delivery (C.O.D.) payment wasn't received.

Who is responsible if a package gets stolen? ›

The exact responsibility for stolen packages is quite tricky. In most cases, the seller is responsible for the deliveries until they are dropped at the customers' designated place. Once the shipping courier has confirmed delivery, the package becomes the online shopper's responsibility.

Will the USPS refund for a stolen package? ›

Either the sender or the recipient may file a claim for insured mail that is lost, arrived damaged, or was missing contents. The person filing must have the original mailing receipt. Each claim must be filed within a certain time period and include proof of insurance, value, and damage.

Who holds USPS accountable? ›

Office of Inspector General OIG.

What happens if a package is delivered but stolen? ›

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.

Are merchants responsible for stolen packages? ›

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.

Is package theft a federal crime? ›

This element is significant because federal law specifically prohibits the theft of mail, including packages, entrusted to the postal system for delivery. Furthermore, the government must establish the value of the stolen packages to determine the severity of the offense and the potential penalties upon conviction.

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