Unrequested product

cgoll · 06-14-2011, 04:28 PM

If a company that I have done business in the past ships a product to me that I did not request, do I have a legal right to keep it?

I know the moral answer, and will make my Mama proud, but a number of people at work believe I have no obligation to return this item.

Thoughts? I know, this is not a legal site, just looking for the collective thoughts.

Willie T · 06-14-2011, 04:58 PM

I would phone them for a pre-paid return shipping number.... on their dime.

Bud Cline · 06-14-2011, 05:01 PM

HOLD ON ! ! !

Is it a Cadillac or is it a flashlight. Let's first qualify this undeniable morality you say you have.

You may want to take bids.

WirelessG · 06-14-2011, 05:43 PM

They either sent it to you, hoping that you would agree to buy it (kinda like those music clubs from the 70s and 80s...you have to mail in your choice of LP in a timely manner or they would send you the LP of the month), or they sent it to you by mistake. Either way, they are going to want to get paid for it and I would be prepared for that. I suppose they may have sent it to you and not realized it, in which case, they probably would not miss it. There are probably laws that deal with this situation, but imagine if you sent something valuable to someone by accident - I bet a judge would force that person to give it back to you.

Bud Cline · 06-14-2011, 05:53 PM

HOLD ON AGAIN !

I think there is a law that says if you receive something of value in the mail and it was unsolicited you do not have to pay for it and you do not have to return it.

Check it out.

Willie T · 06-14-2011, 06:20 PM

Did you not settle the entire matter with only four words? May I quote you? "I know the moral answer"

Bud Cline · 06-14-2011, 06:44 PM

Quote:

Did you not settle the entire matter with only four words? May I quote you? "I know the moral answer"

Isn't that five words?

Not sure - just askin' !

Leah Frances · 06-14-2011, 08:19 PM

Bud has the facts right.

OP has no legal obligation to return or pay for items sent unsolicited through the US Postal Service.

Their are two subtleties that should be noted:
1. Reputable companies do not do this unless it was an honest mistake on their part. If it is from a reputable company, the moral thing to do is call them and notify them. Some places will (depending on the value of the item) send you pre-paid postage to send it back. Some places will ask you to destroy the item (you don't have to, it's yours to keep), and some will wish you well on your windfall. If LL Bean sends you a raincoat you didn't order it's yours to keep.

2. Companies looking to scam you will send you an unsolicited item and then bill you for it, and report you to collection agencies. This is ILLEGAL, but unscrupulous places do it. If OP has any suspicion that this might be happening, they should talk to their local postmaster. It is a violation of federal law. Again, if OP is concerned this might be a scam, OP should not just write 'return to sender' and drop it in the mail. OP should contact the company, demand the address to return it to (sometimes it will not be the 'return address' because most of these type of jerks aren't accepting packages in return). Document everything if you are worried about a scam.

Bottom line: good companies do not make this mistake very often (rarely if ever). Unsolicited items should be viewed with a jaundiced eye. Gift horse, etc.

Bud Cline · 06-14-2011, 08:32 PM

Well allrighty then.

Name the item and let's open the bidding.

rusty baker · 06-14-2011, 08:40 PM

I'll start the bidding, sight unseen. You give me a dollar and I'll take it.

cgoll · 06-15-2011, 01:48 PM

Item: Digital camera; price at the site: $139

Return shipping label in transit. It will get used.

I better get a free shipping or other coupon or their customer service dept is going to get an earful!

It was an honest mistake on their part; not trying to scam me.

BTW, Leah is right. FTC says it is a criminal offense to try to bill me.

cgoll · 06-24-2011, 04:10 PM

It's been over a week since Fedex picked up that camera and not even a thank you from that company. I'm starting to get a little peeved!

rebeccasmith · 06-25-2011, 03:22 AM

Quote:

Originally Posted by Leah Frances

Bud has the facts right.

OP has no legal obligation to return or pay for items sent unsolicited through the US Postal Service.

Their are two subtleties that should be noted:
1. Reputable companies do not do this unless it was an honest mistake on their part. If it is from a reputable company, the moral thing to do is call them and notify them. Some places will (depending on the value of the item) send you pre-paid postage to send it back. Some places will ask you to destroy the item (you don't have to, it's yours to keep), and some will wish you well on your windfall. If LL Bean sends you a raincoat you didn't order it's yours to keep.

2. Companies looking to scam you will send you an unsolicited item and then bill you for it, and report you to collection agencies. This is ILLEGAL, but unscrupulous places do it. If OP has any suspicion that this might be happening, they should talk to their local postmaster. It is a violation of federal law. Again, if OP is concerned this might be a scam, OP should not just write 'return to sender' and drop it in the mail. OP should contact the company, demand the address to return it to (sometimes it will not be the 'return address' because most of these type of jerks aren't accepting packages in return). Document everything if you are worried about a scam.

Bottom line: good companies do not make this mistake very often (rarely if ever). Unsolicited items should be viewed with a jaundiced eye. Gift horse, etc.

Yeah I do agree thanks for these nice tips.

Bud Cline · 06-25-2011, 08:09 AM

Quote:

It's been over a week since Fedex picked up that camera and not even a thank you from that company. I'm starting to get a little peeved!

You want praise and thanks for being honest and ethical and having morals. Boy are you living in the wrong time frame.

Bill7 · 06-25-2011, 10:29 AM

Quote:

Originally Posted by Bud Cline

You want praise and thanks for being honest and ethical and having morals. Boy are you living in the wrong time frame.

What he said...Just "not gunna hapin."