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Old 03-25-2019, 04:38 PM
 
Location: Georgia, USA
23,292 posts, read 28,101,547 times
Reputation: 28760

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Quote:
Originally Posted by Cloudy Dayz View Post
No read it. You do not need to return it. The FTC is very clear about it. You have no legal obligation to pay for or return the merchandise. You can if you so choose, offer to return it, if the seller agrees to pay for shipping and handling.
The circumstance you are referring to is when the merchandise you did not order is shipped to you with your name on the shipping label and the invoice. You can keep that and you do not have to pay for it.

That does not apply to a package with someone else's name on the label and the shipping invoice. You need to return that. Keeping it is theft. It was misdelivered, never intended for you.
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Old 03-25-2019, 05:10 PM
 
Location: Oregon Coast
5,077 posts, read 2,037,855 times
Reputation: 6713
Quote:
Originally Posted by boxus View Post
Sigh, again, not the same situation. Have no idea why you and other posters keep bringing something not applicable up.
How is it not applicable? He received merchandise that he didn't order. That makes it a free gift under federal law.
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Old 03-25-2019, 05:15 PM
 
Location: Oregon Coast
5,077 posts, read 2,037,855 times
Reputation: 6713
Quote:
Originally Posted by suzy_q2010 View Post
The circumstance you are referring to is when the merchandise you did not order is shipped to you with your name on the shipping label and the invoice. You can keep that and you do not have to pay for it.

That does not apply to a package with someone else's name on the label and the shipping invoice. You need to return that. Keeping it is theft. It was misdelivered, never intended for you.
Is that your opinion, or do you have a source to back it up? I gave you a source for my information, the FTC.
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Old 03-25-2019, 05:50 PM
 
20,322 posts, read 16,490,506 times
Reputation: 38166
Quote:
Originally Posted by Cloudy Dayz View Post
Is that your opinion, or do you have a source to back it up? I gave you a source for my information, the FTC.
Someone earlier did, pages back. The FTCs job is protecting consumers from fraud, they don’t govern sales utransactions between consumers and legitimate businesses. This was not a case of fraud by the merchant and and not in FTC jurisdiction.


https://www.ftc.gov/about-ftc/what-we-do

“The FTC protects consumers by stopping unfair, deceptive or fraudulent practices in the marketplace.”
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Old 03-25-2019, 08:17 PM
 
Location: Riding a rock floating through space
1,857 posts, read 534,779 times
Reputation: 4686
Quote:
Originally Posted by Cloudy Dayz View Post
Is that your opinion, or do you have a source to back it up? I gave you a source for my information, the FTC.
Wth is the matter with you - what does it matter if he could legally get away with it (which he can't) - where is your sense of right and wrong? He received a shipment by mistake, he was contacted by the shipper then the cops to get it back and he refused - anyone defending this guy has a lack of integrity.
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Old 03-25-2019, 09:22 PM
 
Location: Georgia, USA
23,292 posts, read 28,101,547 times
Reputation: 28760
Quote:
Originally Posted by Cloudy Dayz View Post
How is it not applicable? He received merchandise that he didn't order. That makes it a free gift under federal law.
Quote:
Originally Posted by Cloudy Dayz View Post
Is that your opinion, or do you have a source to back it up? I gave you a source for my information, the FTC.
The shipper did not send it to him intending to ask him to pay for it. That is the kind of activity that the FTC intends to prevent.

You cannot send someone something he did not order and then demand payment for it.

You are misinterpreting the FTC rule. It does not say you can keep something addressed to another person.
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Old 03-25-2019, 09:40 PM
 
21,684 posts, read 27,743,495 times
Reputation: 16100
Quote:
Originally Posted by suzy_q2010 View Post

You are misinterpreting the FTC rule. It does not say you can keep something addressed to another person.
Was this addressed to another person? I can't seem to find anything that clarifies that.

Cloudy, the legal issue seems to be that he signed for something he knew he didn't order, and because it was a high-dollar item, he was charged with larceny.
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Old 03-25-2019, 09:54 PM
 
1,291 posts, read 573,701 times
Reputation: 1198
Quote:
Originally Posted by suzy_q2010 View Post
The shipper did not send it to him intending to ask him to pay for it. That is the kind of activity that the FTC intends to prevent.

You cannot send someone something he did not order and then demand payment for it.

You are misinterpreting the FTC rule. It does not say you can keep something addressed to another person.
I couldn't find anything that says this delivery was addressed to another person. However, if it was, then this man is under no privilege to open or accept the package... as long as he is aware that it was not addressed to him. This is one area where ignorance actually trumps knowledge.

However, the courts have supported that if a product is delivered to a person, with correct address, that person, in accordance with FTC consumer protection laws, is allowed to keep the product. Specifically, the sender and/or shipper is not allowed to a) demand payment for the product; b) demand return of the product; c) prevent the receiver from disposing of the product however they wish.

Without additional information, it's unclear what happened here. But if it was addressed to another person (which would require a clearly visible address label), this man has no privilege to keep the product.
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Old 03-25-2019, 11:35 PM
 
Location: Oregon Coast
5,077 posts, read 2,037,855 times
Reputation: 6713
Quote:
Originally Posted by suzy_q2010 View Post
The shipper did not send it to him intending to ask him to pay for it. That is the kind of activity that the FTC intends to prevent.

You cannot send someone something he did not order and then demand payment for it.

You are misinterpreting the FTC rule. It does not say you can keep something addressed to another person.
No they delivered it to him for free. That makes it a free gift according to the FTC.

This is the equivalent of me bringing a TV over to your house and leaving it on your doorstep, then coming back a week later and demanding you return it to me. You can't just drop property on someone's doorstep, and expect them to take care of it for you and return it to you when you demand it. That is not the way things work. When you abandoned items on some else property, it is their right to keep it, or dispose of it anyway they see fit.

Last edited by Cloudy Dayz; 03-25-2019 at 11:46 PM..
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Old 03-25-2019, 11:50 PM
 
28 posts, read 2,109 times
Reputation: 24
Quote:
Originally Posted by suzy_q2010
That does not apply to a package with someone else's name on the label and the shipping invoice. You need to return that. Keeping it is theft. It was misdelivered, never intended for you.
Yes and why the guy listenend to the delivery man who said it was OK to keep it is beyond me...... What about the guy who paid alot of money?? (He isnt offering to pay him for what HE got instead)
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