Legal Question in Consumer Law in Illinois

I purchased a product from an individual in early February. He sent me the product via Fed ex. The package had a value of $1150 dollars, so the seller had the package where it had to be signed by me or they do not drop it. Well long story short my signature was forged by the delivery driver (Fed ex), and then dropped off at the wrong address. It was left outside over night because the old lady was not strong enough to pick up the package, it weighed 50lbs. When I finally got the package, I brought it inside, I opened it up and looked it over. Since it had been so cold over night, it created moisture on the electrical board inside the casing of the product. So it would not work, and does not work. I filed a claim with Fed ex, they screwed me around for about 3 weeks. They finally came and picked up the package for a "damage inspection". That was on a Tuesday, that Friday they denied the claim. And sent the package back to the seller. Good thing he was a friend otherwise he would have kept the product he had already been paid for by me. He refused the package, and Fed ex lost it. So I am, out the package and $1150. I have been dealing with these people since early February. I have pictures, documentation, etc... To prove my case, I am wondering if filing charges against the driver for fraud would help any potential case I have? I am basically wondering if I have a case? Who do I go through to get the ball rolling?

I filed a BBB complaint against Fed ex, and the company sided with me. So that has got to help some I would think.

Thanks for any advice you can give!


Asked on 3/17/10, 11:01 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

You may have a case. You can file a lawsuit in small claims. My opinion is the Better Business Bureau's determination is of no importance.

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Answered on 3/25/10, 6:37 am


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