off the truck and let me pick up by baby's gift and i tell them how do you tell a 6-year-old she is not going to get her present? >> now there is a lot of finger pointing going on. who is to blame the retailers who promise shoppers their stuff would get there on time or the delivery companies that fail to come through? joining us now from philadelphia, attorney jennifer brant and from davey florida, attorney noland klein. ms. brant, let me begin with you, who would you go to for some recourse if you didn't get your package on time? >> well if i ordered for amazon or another retailer i gold to the retailer and wonder why they promised me one day delivery and i didn't get it the first line of blame goes with the retailer and then beyond that goes with the shipper. either the u.p.s., the fedexes, those are the next people in line to blame their excuse act of god, bad weather ant couldn't get them out fast enough will get them to the consumers but just not not on time