porch pirates
Posted by: Marissa Bergen

Porch Pirates Go Viral: Who is Responsible for Damages?

Today’s world of e-commerce has led to a growing issue of porch pirates. These criminals are on the hunt for unopened packages waiting on doorsteps. But who is responsible for this type of theft?

This video shows an unusual case. The package is barely on the ground before the porch pirate emerges and swoops it right under the delivery driver’s nose. So is the delivery driver responsible for damages? Or is it up to the retailer or recipient to file a claim?

Who is Responsible for Porch Pirates?

A porch pirate crime falls into a gray area. However, if the delivery company marks the package as delivered, the owner is typically responsible for damages.

At the beginning of this video, you can see the driver scanning the package as he approaches the property. This means the driver has technically delivered the package.

Once delivery occurs, the recipient is responsible for the package. They may seek damages by filing a claim for the stolen property.

An Inside Job?

Fortunately, this viral video ends on a positive note. Authorities located the stolen package and discovered that the seller listed it for sale on Facebook Marketplace. The seller’s profile indicated she worked for FedEx.

Could this have been an inside job? Could she have tipped off the criminal about the package delivery? That remains unclear, but it would not change the fact that the recipient is responsible for filing a claim.

What Can You Do If a Package is Stolen?

Victims of porch pirate theft can pursue several options to get a refund after someone steals their package. The easiest may be to file a claim with the delivery company. Many companies will provide reimbursement and save you from taking legal action.

The recipient can also contact the seller about the lost item to find out if there are any replacement or coverage options. It’s ultimately up to the seller to reimburse the buyer or replace the item.

Some sellers will offer features like ParcelGuard to protect items against theft. However, these typically come with stipulations and exclusions. The buyer must also pay extra for this type of protection.

Porch Pirates Act of 2022

Porch piracy may not seem serious, but the law is cracking down due to increasing cases. Take, for example, the Porch Pirates Act of 2022.

Federal law has always seen USPS mail theft as a felony. The new legislation expands to cover packages delivered by private carriers like UPS, FedEx, and DHL.

The criminal charge will vary depending on the value of the stolen property. For example, in Pennsylvania, if someone steals mail worth less than $200, authorities will charge them with a summary offense. However, if the mail is worth more than $2000, they could face a third-degree felony charge.

How to Avoid Porch Pirates

porch pirates
  • Tracking: Tracking numbers let recipients monitor their packages’ locations and delivery times. This way, they can prepare to receive their packages before porch pirates have a chance to steal them. Companies that provide tracking also typically allow customers to include special instructions for safe delivery.
  • Signature Confirmation: Customers must pay extra for signature confirmation. This feature ensures that packages are delivered directly to the recipient.
  • Work, Locker, and Carrier Facility Delivery Options: Recipients may choose to have their packages delivered to work, lockers, or carrier facilities. These options ensure that their packages are never delivered to an unguarded location.
  • Add Doorbell Cameras: Doorbell cameras don’t always deter porch pirates. However, they provide photographic proof that your package has been stolen. They may also help the police catch the criminal.  

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