so it happened to me.. no options?

He doesn't even know what he signed, or what it said, so its hard to really chime in at this point without that information.

Although, in general, to have a tortious conduct claim, you generally can't consent to the very conduct you are complaining about.

 

He's the recipient, that's how. Your scenario would work if his name wasn't on the box.

 

Basically thats a non-issue unless his employers decide to really look into things. All he has to say is a variation of "he's a friend who knows I love beer and wanted to do something nice for me as a surprise"

Unless his employer decides that they want to figure out a way to fire him and start looking into all the shipments he has made and received it's a non-issue.

Now back to the M4M section of craigslist ads, this guy sounds like he needs to get laid really bad.

 

What do you mean by "step up"? Guidance has been offered. The OP doesn't know whether he agreed to the dickmoves or not. Can't really do anything for him any further without that information.

I have some electrical problems in my new house that has a cellar full of beer. I hope some BA electricians step up, if this is a hobby you care about, I think it makes sense to get er dun. . .

 

That's assuming there is not an attempt statute in his jurisdiction. . .

 

Did you read this post?

 

OP needs help, pro-bono.. Seems to be an egregious abuse of power by a rogue employee acting not on the behalf of his organizations' best interests. Clearly its not worth hiring a lawyer and paying fees to make such a point (the value of the box would be eclipsed by one billable hour)..but if someone "stepped up" it would be a victory for traders rights. It would also appear that the signature "waiving his right to pick up his package even if it has not yet entered into the logistics channel" seems to have been completed under duress..

 

I never use FedEx, so I can't speak to them, but if a UPS truck happens to be in your neighborhood making deliveries, you can just hand your box to the driver for no charge. My apartment building gets deliveries most every day, and I've shipped several packages this way.

 

Yeah, but HR could very well be discussing how to handle the contractor on the other end who is refusing to release a package, and is instead potentially opening FedEx up to a lawsuit for conversion. That would be my take on it.

 

So you are saying it is in his best interest to tell his boss a friend of him was trying to send him beer, got caught, and now wants his box back even though he signed the terms of service? Remember the cop didn't order the property be given back because of what was signed, so even though he doesn't know what exactly he signed it had to have said if contraband is found it doesn't have to be returned to the owner.

 

Companies violate ToS all the time on their own terms for customer loyalty reasons. Those are the terms they give you, if they choose to violate them to your betterment there is not a problem there.

My guess is the cop didn't read the terms clearly, or didn't really understand them/decided it was a civil matter not criminal. If OP had pushed it and said he wanted the dude arrestted for theft and wanted to file a police report I think a different tune would have been sung.

 

I would stand on public property in front of the guys store with a sign that says "don't use this business, they screwed me" or something to that affect. I guarantee he doesn't want that to happen and will cave, if the beer is still there.

 

IANAL, but if there is one thing I have learned over the years from the lawyers I do know, it's that there is only so much they can do both a) over the Internet, and b) outside their direct area and geography of practice. Point being, it's not quite as easy as golawyeritupformebro.

 

I know. I'm hoping with the large volume of lawyer BA's we'll get lucky.

 

seems like the place has no reviews. Maybe the OP can help out. Whether he is following rules or not, the manager sounds like a jerk. The solution is easy, hand back the box and say "don't do it again". Destroying the contents is just to prove a point and to flex some pseudo power. I never understand why some managers like flexing their muscles when it only cost them business. There truly are a lot of shitty managers out there, and they wonder why their sales go down.

http://www.yelp.com/biz/the-mail-box-store-bethalto

 

I am obviously late on this topic, but it is not illegal to ship alcohol through fedex, people ship wine literally all the time and they actually make packages specifically for wine bottles. The guy is trying to scare you and he obviously is doing a good job and trying to strong arm you into paying some fine or I don't know something. Lawyer up.

I had a shipment get damaged a few weeks ago (I made a thread also) and not only did they send back my broken bottles, but they accepted and are paying my insurance claim as well as giving me free shipping for when I re-package and ship again, which I reshipped yesterday at no cost.

 

Would suck if the FedEx guy found sugar in his gas tank.

I kid I kid...

 

i'd goandlawyeritupformebro just because this guy sounds horrendous and whether it's losing or not, it'd be not a lot of work for a great cause, but unauthorized practice of law is unappetizing.

 

I'd love to know the Fed-Ex location.
I'd like to file some complaints, and maybe a few personal notes

 

Re: Egregious abuse of power: I don't know how you could make such a determination without knowing what the OP agreed to as his TOS.

On what basis do you assert the claim of duress? OP certainly hasn't claimed it. He said he didn't know what he was signing. That's not duress. That's carelessness. Harsh, but true.