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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32350
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have bought a product online. Vendor sends it via USPS and

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I have bought a product online. Vendor sends it via USPS and USPS does not deliver as addressed. The package is now considered lost or stolen. I am being charged for products and services that was never given to me. USPS will not help because they believe it is not their fault even if it is the negligence of their own delivery carrier. Vendor will not help because tracking shows delivered when it is not. Bank will not help with refund since tracking shows delivered so I cannot put in a claim. BBB is unable to help with this sort of situation, the Attorney General says nothing they can do, Post Master just directs me back to USPS, and Federal Trade Commission says nothing they can do as well. So I am suppose to accept my loss and be charged for products and services that was never delivered? I refuse to be scammed out of my money because no one wants to take responsibility. What do I do?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Have you talked to the Postal Inspector's Office?

Dwayne B. :

However, if that doesn't work then your only other alternative is to file a lawsuit and just sue them all.

Customer:

I have not, though I have spoke with the post master

Dwayne B. :

Contact the Postal Inspectors before you sue, often they are a lot of help.

Dwayne B. :

However, after that the only thing you can do is file a lawsuit.

Customer:

Ok I will check with them

Dwayne B. :

The only other thing I could suggest, which is a back door approach that occasionally works, is to contact the office of your US Congressman and ask their staff for help.

Dwayne B. :

I have always found them to be extremely helpful in resolving issues with federal agencies.

Dwayne B. :

Anything else I can answer for you?

Customer:

I will not be able to sue them, because the lawyers fees are worth more than this small package.

Dwayne B. :

You can sue them yourself if you choose to do so.

Dwayne B. :

And since it is a breach of contract you can sue to recover your attorney's fees as well if you hire an attorney.

Customer:

But I never been to court before, nor have I ever sued anyone.

Dwayne B. :

You can do it. It may be more work and effort than you want to put into it if the package isn't worth that much, but it is an option.

Customer:

There is not contract for this. I just bought an item online and paid for the shipping services.

Dwayne B. :

It is still a breach of contract. You agreed to buy something, you paid them and they failed to deliver. Contract.

Customer:

Ok, I will give it a shot.

Dwayne B. :

I suspect that the postal inspector or the congressman's office will be able to resolve it.

Customer:

One more thing

Customer:

I checked with BBB, they said its possible that this vendor is stationed outside of the US.

Customer:

Because their domain website is not located within the US.

Dwayne B. :

That would definitely make it harder to sue.

Customer:

But they have a warehouse for their products in New York. Given that they still have an operation presence in US, would it still work to sue them?

Dwayne B. :

Yes. The warehouse will be sufficient.

Customer:

Thanks

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. and 6 other Consumer Protection Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.