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LAGC

(5,330 posts)
Sat Mar 2, 2013, 03:41 AM Mar 2013

Mass. woman sues FedEx over marijuana delivery

PLYMOUTH, Mass. (AP) — A Massachusetts woman has sued FedEx, claiming the company mistakenly sent her a package containing seven pounds of marijuana, then gave her address to the intended recipients, who later showed up at her door.
..
..
Tobin said she thought the package was a birthday present for her daughter, because when she opened it, she found candles, pixie sticks and peppermint. There was also something she thought was potpourri, but it was marijuana.

Tobin said that about an hour later, a man knocked on her door looking for the package, while two men sat in a vehicle in her driveway, waiting. She said she didn't have it, and bolted and slammed the door. Tobin claims FedEx gave out her address, which led the men to her home.


http://news.yahoo.com/mass-woman-sues-fedex-over-marijuana-delivery-135742401.html

Jesus Christ... I'm not a big fan of frivolous lawsuits, but I think this woman may just have a case.

There's no reason FedEx couldn't have just sent the driver back to pick up the package.

Giving her address out to potential criminals just to save FedEx the labor/gas/trip is just plain negligent.

Someone needs to be held accountable.
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Mass. woman sues FedEx over marijuana delivery (Original Post) LAGC Mar 2013 OP
Oh, I thought someone was suing for not getting theirs jberryhill Mar 2013 #1
I'm not a big fan of the War on Drugs either. LAGC Mar 2013 #3
Is seven pounds a lot? jberryhill Mar 2013 #4
Anywhere from roughly $10k to $35k depending on the strain. bluesbassman Mar 2013 #10
And someone put the wrong address on it? jberryhill Mar 2013 #13
Good point. Not sure if it was addressed to her specifically... bluesbassman Mar 2013 #19
I never thought so. timdog44 Mar 2013 #28
By the way, folks... jberryhill Mar 2013 #2
You are the one 'accountable' daddio58 Mar 2013 #5
Do you know for a fact that this is what happened? arcane1 Mar 2013 #6
Maybe he was one of the dealers Cirque du So-What Mar 2013 #7
How do we know FedEx gave them the address? jberryhill Mar 2013 #11
Because they were high when they filled out the label? CBGLuthier Mar 2013 #24
Hello ~ daddio58. I do hope you enjoy your stay at DU. In_The_Wind Mar 2013 #8
You're likely correct ProudToBeBlueInRhody Mar 2013 #17
imo: the woman should sue for all she can get! In_The_Wind Mar 2013 #9
Did FedEx give them the address? jberryhill Mar 2013 #12
indeed In_The_Wind Mar 2013 #14
Delightful "potpouri".. incredible Cha Mar 2013 #15
There's another thread on this. Nine Mar 2013 #16
Can't people go online and track their own packages. boston bean Mar 2013 #18
I addressed that. Nine Mar 2013 #22
Oh it could easily go as far as a lawsuit jberryhill Mar 2013 #20
But it would be easy enough for her lawyer to find out. Nine Mar 2013 #21
Lawyers don't have any more investigative powers than anyone else jberryhill Mar 2013 #23
Why? There's nothing top secret here. Nine Mar 2013 #25
Again... jberryhill Mar 2013 #26
If FedX gave out her address yellerpup Mar 2013 #27
 

jberryhill

(62,444 posts)
1. Oh, I thought someone was suing for not getting theirs
Sat Mar 2, 2013, 03:50 AM
Mar 2013

Someone brought her a box of marijuana, and she complained?

This, folks, is why I could never do customer support. I'd be like, "How can I help you?" and she'd be all, "I got a box of marijuana!" and I'd be like, "Wow, cool, but I thought you were calling to complain about something."

LAGC

(5,330 posts)
3. I'm not a big fan of the War on Drugs either.
Sat Mar 2, 2013, 04:07 AM
Mar 2013

But so long as it is waging, you have to admit it tends to attract some unsavory characters on both sides.

I'd be more worried about whatever criminal enterprise the intended recipients might be involved in.

It sounds like it was more than just a recreational (individual-use) amount of pot, which could command quite the hefty street value. Whenever that kind of money is on the line, it can be dangerous for anyone involved.

bluesbassman

(19,310 posts)
10. Anywhere from roughly $10k to $35k depending on the strain.
Sat Mar 2, 2013, 03:58 PM
Mar 2013

Some really high end strains could even go higher. So yeah, it's a lot and this situation had the potential to put that family in a pretty tough spot. FedEx blew it.

 

jberryhill

(62,444 posts)
13. And someone put the wrong address on it?
Sat Mar 2, 2013, 10:25 PM
Mar 2013

The package was addressed to her - she thought it was intended for her.

If you got a package with the wrong address on it, typically you will contact that addressee, if nearby. But someone out 10K of merchandise in a package - and put this woman's address on it.

Obviously the "owners" of the package could track its shipment, using the tracking number, and be there when it was delivered.

She alleges FedEx told them. That may not be correct.

bluesbassman

(19,310 posts)
19. Good point. Not sure if it was addressed to her specifically...
Sun Mar 3, 2013, 12:36 AM
Mar 2013

or to someone else, but at that address. FedEx may not have given the info if it was "correctly" addressed and delivered. The shipper surely could track it and attempt to intercept before the homeowner got it. As FedEx won't comment due to the pending litigation, and my guess is they'll offer some sort of settlement rather than drag this out, so we'll probably never know all the true facts.

daddio58

(1 post)
5. You are the one 'accountable'
Sat Mar 2, 2013, 01:30 PM
Mar 2013

Jumping to conclusions ('this woman may have a case') despite your obvious ignorance, is exactly how frivolous lawsuits and their necessary clueless jurors, are able to survive.
Drug/real world lesson 101:1) The dealer gives someone elses address to have the drugs delivered to (you can see why, right?)
2) Dealer than watches the home, hopefully taking the package from the porch prior to being picked up by clueless legal recipient.
Sounds like this was missed, so said dealer attempted to retrieve his package from her in person.

Cirque du So-What

(25,812 posts)
7. Maybe he was one of the dealers
Sat Mar 2, 2013, 01:54 PM
Mar 2013

Speaking of ignorance...at least most here know the difference between 'than' and 'then'

 

jberryhill

(62,444 posts)
11. How do we know FedEx gave them the address?
Sat Mar 2, 2013, 10:19 PM
Mar 2013

Notice "Tobin claims" FedEx gave them the address.

The package was addressed to her house. Someone knew where it was going. Why would someone get the wrong address on a package like that.

 

jberryhill

(62,444 posts)
12. Did FedEx give them the address?
Sat Mar 2, 2013, 10:21 PM
Mar 2013

If the plan was to nab the package from the porch or - tell this story itself - then they didn't need the address from FedEx, but that's what they told her.

I think the answer to this complaint will be interesting.

Nine

(1,741 posts)
16. There's another thread on this.
Sat Mar 2, 2013, 11:00 PM
Mar 2013
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2450535

And this is what I wrote in that thread:

Here's one possibility of what happened: I think the sender of the package went to a FedEx store with a package addressed to something like 123 Main Street. The package information was entered into a computer system and a mistake was made; the employee who entered the data thought the "1" was a "7," for example. So the package gets delivered to 723 Main Street, the recipient opens it without noticing that the address is correct but the name is wrong (or maybe it just says "resident" or something).

Meanwhile, no package shows up at 123 Main Street and the sender or recipient goes to FedEx and asks where the package was sent. At that point the FedEx employee probably should have said, "Tell me what address you wanted it sent to and I'll tell you if that's where we sent it." Instead, the employee says, "723 Main Street," and the intended recipient goes there to retrieve the package.

Alternatively, the sender may have simply entered a tracking number online and brought up the address that was entered into the system. That seems pretty standard, and if the legal argument is that this practice is dangerous and should change... I don't know, that's a tough one. (And would going online to check a tracking number be part of the MO of smugglers wanting to leave no paper trail? I really don't know.)

This is all speculation of course, but I doubt this would have gotten as far as a lawsuit if the facts were simply that the sender used this woman's address on purpose and therefore had it all along.

boston bean

(36,186 posts)
18. Can't people go online and track their own packages.
Sat Mar 2, 2013, 11:14 PM
Mar 2013

I assume they had the tracking number and could get delivery info from the web.

Nine

(1,741 posts)
22. I addressed that.
Sun Mar 3, 2013, 07:27 AM
Mar 2013

The lawsuit might be arguing that this very standard practice needs to be re-thought because if the delivery service makes a data entry mistake and puts in an incorrect address, the residents who live at the incorrect address are vulnerable to... well, just what happened to this woman.

Or it may be that FedEx drivers are required to hand-write the address of every house they deliver to, and the driver in this case saw the address 123 Main St. on the package but misread it as "132," delivered it to "132," hand-wrote "132," and when the criminals said, "What happened to our package?", someone at FedEx looked at the driver's handwritten notes and said, "Oh, it looks like that got delivered to 132 instead of 123."

Again, this is all speculation, but I just don't think the story would make sense if it were as simple as people are suggesting.

 

jberryhill

(62,444 posts)
20. Oh it could easily go as far as a lawsuit
Sun Mar 3, 2013, 01:52 AM
Mar 2013

If the recipients showed up and said "FedEx told us they delivered our package here" then she may believe that.

Nine

(1,741 posts)
21. But it would be easy enough for her lawyer to find out.
Sun Mar 3, 2013, 07:15 AM
Mar 2013

She contacted police, so the package is in evidence and the address can be looked at. I assume the lawyer would have done some minimal investigation into the basic chain of events and not taken the case if it was that clear that the criminals had her information all along and that FedEx did not disclose anything to them. It also seems like the criminals would have "cased" any house they planned to use for this type of activity (considering the value of the pot suggested upthread) and found a house where the residents all go to jobs during the day, which makes me think that the package really was delivered to a different address than the criminals intended. Now maybe this woman did typically work outside the house and just happened to be home that one day, I don't know.

 

jberryhill

(62,444 posts)
23. Lawyers don't have any more investigative powers than anyone else
Sun Mar 3, 2013, 11:57 AM
Mar 2013

As a practical matter, people are less likely to just give out information or answer questions when a lawyer is asking questions.

Nine

(1,741 posts)
25. Why? There's nothing top secret here.
Sun Mar 3, 2013, 04:11 PM
Mar 2013

Go to the police and find out the exact name and address written on the package. If the sender wrote the woman's proper address on the package, FedEx is off the hook. I would be very, very surprised if this wasn't the very first thing the lawyer did. In fact, I would be surprised if the homeowner herself did not closely examine the address once those strangers showed up at her door, but it's possible she was too rattled too think clearly.

 

jberryhill

(62,444 posts)
26. Again...
Sun Mar 3, 2013, 04:43 PM
Mar 2013

The article says an arrest was made. Her lawyer can't just "go to the police and find out the name and address written on the package". It's in an evidence locker. The only people with access to it are the police, the DA and the defense attorney for the criminal defendant.

Once she opened the package and realized what was in it, she had the package and probably took a good look at the label on it. Most people, when receiving a package - and particularly an unexpected one - look at the address label to see if it was for them in the first place.

The story doesn't make a whole lot of sense. As is typical with these stories, the court is unidentified, so the interested reader can't go read the complaint that was filed. It sure wasn't filed in the federal court, since there is no federal suit filed by Maryangela Tobin.

Okay so, let's say the intended recipient's address was "Joe Blow / 123 Main Street". If you are Joe Blow of 123 Main Street, you can't just call up FedEx and say, "do you have a package for me" without the tracking number. And FedEx's system isn't going to say, "Oh, we delivered a package intended for 123 Main Street to 723 Main Street instead". And you certainly can't call up FedEx and say "I'm Joe Blow, did you deliver a package for me?" FedEx won't give anyone an answer to that kind of question, for obvious reasons. Why would FedEx's system even have that information? Because the delivery guy recorded the fact that he delivered a package to the wrong address? Again, that's just silly. When a FedEx guy delivers a package, he scans the code and flags it as "delivered". There is no provision for entering some other address to which it was delivered because..... what would be the point?

But - more to the precise point - there is nobody who can call up FedEx, ask them "Did you give so-and-so somebody's address?" and get any kind of an answer. Her allegation - that FedEx gave someone else her address - is not something anyone is going to be able to "investigate".

As for the lawsuit, it is very difficult to determine exactly what she was suing for. She suffered no compensable injury or harm from the facts as alleged. While there is a passing reference to the Mass. consumer privacy law, that law doesn't provide a private right of action by the affected party. Now it could be that the complaint alleges a violation as an ancillary fact to support a claim of negligence of some kind, even then it boils down to something of a "so what?" since she wasn't harmed in any way.

yellerpup

(12,249 posts)
27. If FedX gave out her address
Sun Mar 3, 2013, 05:09 PM
Mar 2013

and FedX told the intended recipients where the delivery could be retrieved immediately, it sounds like an inside job. That is not FedX protocol and an incredibly dangerous thing to do. They should look for a relationship between a local worker and the intended recipient.

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