The carrier marked it delivered. You never received it. The answer is not simply “the buyer” or “the seller”: risk of loss depends on the contract, UCC rules, seller arrangements, delivery terms and state law.
There is no universal federal “porch piracy” rule
The Uniform Commercial Code is state law as enacted by individual jurisdictions, not a single federal consumer statute. For ordinary sales of goods, UCC Article 2 can determine when risk of loss passes from seller to buyer, but the exact result depends on the contract and applicable state law.
That means an online shopper should not assume that every package marked “delivered” becomes the consumer's risk immediately.
Shipment versus destination contracts
UCC § 2-509 generally provides that, in a shipment contract, risk can pass to the buyer when the goods are duly delivered to the carrier. In a destination contract, risk passes when the goods are duly tendered at the destination.
Commercial shipping language such as “FOB shipping point” and “FOB destination” can therefore matter. But the exact contract wording, the parties' agreement and state enactment must be checked before relying on a label.
What if the seller breached the contract?
UCC § 2-510 changes the risk analysis when the seller is in breach, including where conforming delivery has not occurred in the manner the contract requires. A seller cannot necessarily use a shipping term to avoid responsibility for its own contractual breach.
What does a “delivered” scan actually prove?
A carrier scan is evidence of what the carrier recorded. It does not by itself resolve every contractual question between buyer and seller.
Save the tracking history, delivery photograph, GPS/location information if provided, signature record, safe-place instructions and any evidence that the package was delivered elsewhere.
What should you do after a stolen delivery?
- Contact the seller immediately and report non-receipt.
- Save the carrier's complete tracking record.
- Check whether signature or a safe-place instruction was required.
- Ask the seller what delivery term governed the transaction.
- Check the payment method's dispute protections.
- File a police or carrier report where appropriate and preserve the reference.
Do not use FOB terminology as a shortcut
“FOB shipping point means the seller never owes me anything” and “FOB destination means the seller always pays” are both too simplistic for a consumer dispute. The contract, breach, state law, delivery method and payment rules all matter.
What this means practically
- There is no one federal porch-piracy rule.
- Check the sales contract and applicable state UCC law.
- Distinguish shipment from destination arrangements.
- Preserve delivery evidence immediately.
- Ask the seller for its contractual basis before escalating a dispute.
Sources
- Uniform Commercial Code — UCC § 2-509 Risk of Loss in the Absence of Breach: law.cornell.edu
- Uniform Commercial Code — UCC § 2-510 Effect of Breach on Risk of Loss: law.cornell.edu
Related Kibbo Tools
- Lost Parcel Claim Pack — preserve tracking, delivery scans, photos, seller communications, and payment records.
- Refund & Warranty Claim Generator — structure a factual claim around the contract and delivery evidence.