Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Nathan E. DeLadurantey
For State Bar of Wisconsin
You order something online. You get the confirmation email. You watch the tracking updates. Then—nothing. The package never shows up.
Missing deliveries are a common consumer complaint, especially with online shopping and third-party sellers. If a package never arrives, Wisconsin consumers have several options to seek a refund or replacement – but timing and documentation matter.
Start with the seller
Your first step is to contact the seller, not the delivery company. Under basic contract law, the seller is generally responsible for delivering the product you paid for. If it never arrives, the seller generally has not fulfilled its end of the deal.
Most retailers have procedures for lost or stolen packages and may offer a replacement or refund once they confirm the delivery failed. Be ready to provide your order number, tracking information, and any delivery confirmation the seller sent.
If the seller claims the package was delivered but you never received it, ask for proof of delivery. That may include a delivery scan, timestamp, or photo. If the proof is weak or unclear, press the issue – especially if the item required a signature and none was obtained.
When risk transfers
Some sellers argue that once an item is shipped, the risk shifts to the buyer. In many consumer transactions, however, the risk of loss remains with the seller until the item is delivered, depending on the terms of the sale.
If the seller chose the shipping method and carrier, the seller is typically responsible for delivery problems related to the shipment. If you selected a specific shipping option or authorized delivery without a signature, the analysis could change – but sellers cannot automatically keep your money if the product never arrives.
Using chargebacks
If the seller refuses to resolve the issue, a credit card chargeback may be your strongest tool.
Federal law generally allows consumers to dispute credit card charges for goods that were not delivered as agreed. Most card issuers require disputes to be filed within about 60 days of the statement date showing the charge, so acting quickly is critical.
To initiate a chargeback, contact your card issuer and explain that the merchandise never arrived. Provide documentation such as order confirmations, tracking details, and your communications with the seller. The issuer will investigate and may issue a temporary credit while the dispute is reviewed.
Debit card protections are often more limited, which is why consumer advocates frequently recommend using credit cards for online purchases.
Third-party marketplaces
Online marketplaces that host third-party sellers can add complexity. Large platforms often offer buyer protection programs, subject to their terms and conditions, but individual sellers may be harder to reach or unresponsive.
If a third-party seller disappears or stops responding, escalate the issue through the marketplace’s resolution process. If that fails, a chargeback may still be an option.
Be cautious of sellers who provide no contact information, ask to resolve issues off the platform, or require payment through gift cards or peer-to-peer apps. Those are common warning signs.
Protect yourself going forward
Save order confirmations, screenshots, and tracking information until you have the item in hand. Consider delivery options that require signatures or use secure pickup locations.
If something feels off – unusually low prices, vague seller details, or pressure to act fast – trust your instincts. Walking away can prevent bigger problems later.
When a package never arrives, you are not powerless. Acting quickly and knowing your options can make the difference between losing money and getting it back.
Atty. Nathan E. DeLadurantey is a consumer rights attorney based in Waukesha, Wisconsin, whose practice focuses on representing consumers in disputes involving lenders, auto dealers, and other businesses.
Know Your Legal Rights is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service, which helps connect the public with appropriate legal counsel. Learn more at wislaw.org.
This article provides general information about consumer rights. Due to the rapidly changing nature of the law, information contained in this column may become outdated.
