so it happened to me.. no options?

Well, I think its more complex than, "it's illegal. period." The 21st amendment, section 2 I believe made it up to the states whether the transportation/importation of alcohol is prohibited (or even prohibited outright, which is still permissible, constitutionally speaking).

So like we've all heard from attorneys before, the correct answer is "it depends." And what it depends on is the law in both the shipping and recipient state, and possibly all those in between.

This is a decent resource:

http://usatoday30.usatoday.com/news/nation/2004/alcohol-policy.htm

 

If it helps, I clicked that both reviews were useful...

 

As a friend of the other trader who hear what happened, I'm pretty certain they can't destroy your box. They are bailees for hire. That does not give them rights of anything but possession

 

They can fine you all they want; they have 0 authority to enforce it except to ban you until you pay. They are not a government entity

 

So i just glanced through the FedEx terms and conditions of service, and i did not see any disclaimer of bailee duties, nor anything related to "we can keep your package or destroy it."

Bailees for hire owe various duties, including a duty care/return of goods and liability for failure to do so. You should seriously call fed ex legal if they havent destroyed your package. they have 0 right to hold it as far as I can tell

The best they can argue is you maybe violated Sec. 16 of the terms of service...
"Customer agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx using SHIP MANAGER shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record"

But no penalty is specified.

Neither is something allowing them to do it specified in the prohibited article clauses.

FYI:
http://www.fedex.com/cgi-bin/global_legal.cgi?cc=us&sc=/legal
http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html

 

ahhhh, Shit like this pisses me off so much. The feds and all these other people need to back the F*** off, Not like we are mailing explosives. The government has alot of Pros, But Some of these policies are just F***ing ridiculous. I wish there were REAL people involved, not just these Drones They got runnin shit. If I was shipping my homebrew (which i still do sometimes) I would have no problem paying taxes or whatever, But When I send a box of Commercial beer to a buddy of mine, Who cannot find it where they live, I should not have to put up with ignorant government policies.

Also, Fedex has no say in ANYTHING unless it's shipping your box, or not shipping your box, If I were you I would go up there and raise hell, and if that did'nt work I would be an idiot and be violent, then claim self defense and look like more of an idiot. Folks Should not be able to regulate our personal activites, I know I sound like an activist of some kind right now, But this kind of stuff is so stupid. Does anyone agree?

 

Other buried mystery terms from fed ex i found:

Any domestic U.S. package that is deemed undeliverable (not defined in the rules) will be the responsibility of Customer. Notwithstanding the foregoing, in the event Customer has designated a package threshold value, and such package is below that value, it will be destroyed. >> in which case they would have to reimburse you.

 

Small claims = you win. Value the beers high. Add costs for fuel to buy them, all of it.

 

Further inspection:

"In all cases, it will be necessary for you to prove, in a legally unquestionable manner, the amount of the loss or damage suffered and submit your claim to FedEx within the period set out in Section 8 below. FedEx is not providing any insurance, something that you expressly acknowledge. With the exception of the foregoing, FedEx does not accept any other liability for loss or damage that you may suffer. FedEx will also not be liable for: (i) acts or omissions of the sender, addressee, or any third party, including, among others, defects or faults in wrapping, packing, marking or labeling the shipment; (ii) violation of the terms and conditions contained herein, by the sender or the addressee; (iii) prohibited items; (iv) loss and/or damage arising from causes not the fault of FedEx or from Acts of God, force majeure, natural disasters, public disturbances, or acts of subversive groups, guerillas, or organized crime, or for any other acts or omissions of government authorities, whether federal, state, or municipal."

BUT that doesnt mean they can intentionally destroy your items. Just that if prohibited items are broken in transit, there is no duty to compensate under their bailee duties (at least that is how i interpret)

 

More:

"9. Right to inspect. FedEx may inspect the shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. FedEx, in addition, may reject or suspend the carriage of any prohibited items or one that contains materials that damage or may damage other shipments or that may constitute a risk to FedEx equipment or employees or to those of its service providers." >> no right to destroy

 

Or a thirsty MF who wants to try some beers...

 

OP: do NOT give up on this. This guy is screwing you (without giving you the common courtesy of a reach-around) and is essentially stealing from you. The police aren't going to intervene as it's a property manner. At the very least, take his business to small claims court. (You do not need a lawyer and the expense is minimal).

This guy is clearly going out of his way to needlessly create stress/headaches for you. There are plenty of things that you can (legally) do to create stress/headaches for him. Forcing him to deal with you in small claims court is just the beginning...

 

I have not read much in this thread, But It seems to me like Taking the F**ker to court, or calling the cops or anything else will cause more issues, and possible financial loss then the, say 110$ bucks you spent to send the box. Asshole wins, another BA down on their luck

I would still start some problems just cause thats how I am. But I dont know man, Best of Luck

 

If they don't show up to small claims court, are you awarded by default?

 

Thats what I was saying there, they can fine but cant enforce it as they have no authority to enforce collection.

 

Of course I will agree with that, its true. Like I said though, its more complex than "its illegal, period."

 

Well, go me.
I'm a Yelp Elite '12.
I get to have a bit of an "extra say" when it comes to businesses.

 

I agree it is stupid and you would look like an even bigger idiot like you said by pulling the violence/dishonest self defense claim/perjury, but I think you're incorrect in placing blame on "[t]he feds." Federal government gives control to the states over this issue. . . and yet this issue is between a private company and a customer.

 

So I just shipped, on Monday, beer through Fed Ex, no issues as of yet. It was dropped at a Fed Ex owned store too. Haven't heard if it made it to it's destination yet, but still no calls no problems yet. I would imagine it is already there or will be soon since it is going from Maine to Florida. Curious to know how this situation turned out for you jaminjohnson?