Posted on 04/08/2007 8:01:10 AM PDT by savedbygrace
I recently ordered some stuff from a mail order company. I ordered a quantity of three and they shipped me those three, which arrived one day, and two more of the same items, on a different order number, and they arrived the following day.
I understand that federal law says if you receive an item you didn't order, it is considered a gift from the company, and you are not required to send it back.
My question is: Which federal law? Anyone got a link to it, or a cite?
No moralizing, please. I'll decide that for myself.
Stealing, even if it’s legal, is still stealing.
Return the extra product.
Return the product, if some poor slub made this mistake they will probley take it out of HIS salary, not from the company.
This is not a question of law, but it does question your personal integrity.
“I understand that federal law says if you receive an item you didn’t order, it is considered a gift from the company, and you are not required to send it back.”
There is no such federal law stating that if someone make a mistake, you get to keep the merchandise.
If they have your credit card number you will pay for it whether you want it or not.
And pay for the return shipping costs and spend half a day of your time, and very likely get billed for the goods because they conveniently lost the RMA.
Screw them. They are either conning you, or they are incompetent, and screwing you and themselves. Either way, they need to learn.
I hope there is such a law . . .
When I was in the service I got a fed income tax refund of $27, the next day I got another check for $27, the next day another one. I cashed all three of them. Nothing was ever said. I’m still waiting for the hammer to fall on that bit of stupidity on my part.
Probably safe by now though, that was more than 40 years ago.
Did you try google?......
I don’t have the law handy but do consider you are in a gray area. The law you seek has to do with unsolicited material that shows up on your doorstep, stuff that comes out of the blue. In your case, you have a business relationship with the company and the situation you describe is an overship. Maybe their error, maybe not. However, since you have a business relationship, it is likely that the terms of service of the supplier (that you agreed to when placing the order) takes precedent over the “out of the blue” law that you seek. Chances are you will lose in actual court and likely have already lost in the court of FR opinion.
Nice attitude. Nothing wrong with calling them and letting them know what happened. They can make arrangements to retrieve their merchandise if they desire. You can inform your credit card company not to accept any additional charges.
Yeah, and society makes drug addicts shoot up. And politicians just *had* to take that bribe money...
buying a computer from newegg $1000
getting a duplicate and returning it $50
Person Integrity *priceless*
I believe you are correct—if you receive something via mail-order that you did not order, you may consider it a gift. However, I don’t whether a duplicate would qualify as something you “did not order.”
The federal regulation is from the Federal Trade Commission. I don’t know the name of the law that gives them the authority to make the regulation but someone around here must.
Thank you, freespirited. That’s the answer that leads me to the right place. Thank you.
It does two things for me:
1) It resolves an informal debate I’ve been having with someone
2) It gives me an advantage when talking to the company. There was never any real question in my mind about returning the items. What I might be able to do with this knowledge of the FTC regs is to negotiate with this company for an added credit or discount. Maybe it will work, maybe not.
Those who posted their moralizing condemnations are all wrong headed on this one. They all made huge unwarranted assumptions based on inadequate information.
See #16
2. You wish to leverage an advantage for personal gain over the mistake of this company and you call me (us) “wrongheaded”?!
“2. You wish to leverage an advantage for personal gain over the mistake of this company and you call me (us) “wrongheaded”?!”
Yup.
Are you claiming that you NEVER negotiate to gain an advantage? Never?
Besides, I left out several important facts regarding this situation, facts that are irrelevant to my question, so you really don’t have all the information required to make such judgments. You really don’t.
I’ve gotten the information I need, so buh bye. Thanks again to freespirited, who simply answered my question without judging.
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