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  1. #1

    Default Suing USPS

    My question involves a consumer law issue in the State of: New York, NY

    Turns out there was a package delivered though ebay that I never received. I didn't take any insurance because the seller didn't explain I needed any. The tracking shows it was delivered on Monday the 4th but I never received it.

    When I contact the USPS in New York I get the same lax response. No interest, no real response. The girl who supposedly delivered my mail left it in a bin which my building doesn't have. Also she delivered it at 9:35 in the morning but my building only receives mail after noon. Not sure why she didn't utlize the mail slots like people normally deliver mail.

    She is impossible to reach and her Supervisor hangs up on me and yells at me everytime I call him. In short they are disgusting people who need to compensate me for the articles lost.

    Consumer Affairs isn't much help either since they asked me to try their Investigative department where no-one responds and all I get is a "Sorry we cannot give you any further information".

    I want my money back. How do I go about the same?

  2. #2
    Join Date
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    Toledo, OH
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    16,307

    Default Re: Suing Usps

    I want my money back. How do I go about the same?
    Given that you didn't insure your package, I doubt there's much you can do to get your money back.

    The Federal Tort Claims Act (FTCA) (60 Stat. 842) permits persons to sue the government of the United States in federal court for money damages for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. (28 U.S.C.A. § 1346(b))

    However, Congress did not categorically waive sovereign immunity in the FTCA. The act contains thirteen exceptions, which release the federal government from any liability for enforcing unconstitutional statutes, for losing letters in the post office, for actions of the military in time of war, for damages caused by the fiscal operations of the Treasury Department or regulation of the monetary system, for collecting custom duties, for claims arising in a foreign country, for most intentional torts, and for several other miscellaneous kinds of claims (28 U.S.C.A. § 2680).

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