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Old 03-30-2019, 03:09 PM
 
21,429 posts, read 27,416,083 times
Reputation: 15618

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Quote:
Originally Posted by Cloudy Dayz View Post
I don't know about you, but when a delivery man shows up and asks me to sign, I just sign, and take whatever he gives me. I don't start questioning him about how many packages there are. Who the hell does that? Most of the time the interaction takes about 10 seconds.
I ordered a new 50-inch TV last summer. Pretty sure I would have questioned the delivery person if I'd been asked to sign for two of them. I think most delivery drivers would rather customers speak up about such obvious mistakes involving expensive items rather than having to deal with the aftermath.

Quote:
I don't **** off delivery people by wasting their time. 99.99999% of them are smart enough to leave the right packages, without me having to question them about it. I have also done delivery work, and I can tell you that only 1% or 2% of people pay any attention to what they are signing. If you are one of them, then you are in the very small minority who do.
Most people know what they've ordered, and most people can manage to count to two in less than a millisecond.

Last edited by Metlakatla; 03-30-2019 at 03:28 PM..
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Old 03-30-2019, 03:30 PM
 
Location: Riding a rock floating through space
1,433 posts, read 394,804 times
Reputation: 3712
Maybe Cloudy Dayz is Memmo? not sure why else he'd be defending this punk.
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Old 03-31-2019, 09:03 AM
 
9,080 posts, read 2,274,033 times
Reputation: 6264
This reminds me of the classic 'Christmas story' movie...a big wooden crate is mistakenly delivered to their house, and of course, they keep it and open it, turns out to be a big lamp in the shape of a sexy leg!!!
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Old 03-31-2019, 09:12 AM
 
19,233 posts, read 10,671,391 times
Reputation: 19186
Quote:
Originally Posted by rstevens62 View Post
This reminds me of the classic 'Christmas story' movie...a big wooden crate is mistakenly delivered to their house, and of course, they keep it and open it, turns out to be a big lamp in the shape of a sexy leg!!!
I thought the father had deliberately ordered the lamp but claimed it was a mistake to his wife.
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Old 03-31-2019, 09:23 AM
 
19,369 posts, read 15,955,635 times
Reputation: 36500
Quote:
Originally Posted by rstevens62 View Post
This reminds me of the classic 'Christmas story' movie...a big wooden crate is mistakenly delivered to their house, and of course, they keep it and open it, turns out to be a big lamp in the shape of a sexy leg!!!
That wasn’t an accidental delivery though the dad won it in some contest. The family was excitedly waiting to see what the prize was. When they opened the box dad was thrilled with it, but none of them knew what was in the box ahead of time. Everyone here is sentenced to rewatch A Christmas Story!
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Old 03-31-2019, 09:26 AM
 
Location: Oregon Coast
4,678 posts, read 1,838,662 times
Reputation: 6119
Quote:
Originally Posted by Ralph_Kirk View Post
I thought the father had deliberately ordered the lamp but claimed it was a mistake to his wife.
I thought he won it as a "major award".
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Old 04-01-2019, 10:42 PM
 
5,920 posts, read 2,678,056 times
Reputation: 5703
Quote:
Originally Posted by Gungnir View Post
There was no business transaction between the guy who received the 86" screen accidentally and the retailer. That transaction was for a 72" (or 74" can't remember won't look it up) screen, that he also received.

So his transaction was completed, the 86" TV was never a transaction between him and the retailer. The other TV was IN ADDITION TO his order. So yes indeed he may be entitled to retain it, MA law doesn't discuss fraud, only unsolicited deliveries, as does FTC rules 39 U.S. Code ß 3009 - Mailing of unordered merchandise.

The 86" TV was not ordered, it was an unsolicited delivery, the only recourse would be if it could be proven that the receipt of the delivery was fraudulently obtained (i.e. the recipient contrived to take delivery of said item from the courier with intent). This would require that the delivery company holds sufficient evidence, a signature would do it if it only applies to the larger TV, and was clearly indicated it was not for the receiver. A signature that covers both deliveries does not show adequate intent, because he was signing for the TV he ordered. Further the TV packaging if available should be examined for the addressee, if the guy getting the 86" TV is the addressee, that's it, done it's his TV, if it's not then you still have to convince a jury it's normal to verify the address of something you receive, and if it's no longer available there is no evidence the recipient could validate it was not addressed to them, even though the address would have been on that packaging, there's no evidence to show it was delivered to the wrong address.

So it's not clear cut, it may go either way, but the law you keep saying is for fraud, makes no mention of fraud, merely unsolicited deliveries.
The referenced code applies to the US Postal Service. Were the TVís delivered by USPS?
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Old Yesterday, 04:50 AM
 
Location: Oregon Coast
4,678 posts, read 1,838,662 times
Reputation: 6119
Quote:
Originally Posted by TaxPhd View Post
The referenced code applies to the US Postal Service. Were the TVís delivered by USPS?
For the umpteenth time, it does not apply only to the USPS. Almost every state has laws that say the exact same thing, and they say nothing about the USPS. Here is the relevant Massachusetts state law again.

Quote:
Section 43: Unsolicited merchandise

Section 43. Any person who receives unsolicited goods, wares or merchandise, offered for sale, but not actually ordered or requested by him orally or in writing, shall be entitled to consider such goods, wares or merchandise an unconditional gift, and he may use or dispose of the same as he sees fit without obligation on his part to the sender.

OK, forget about the FTC law, here is the relevant Massachusetts state law again.

Commonwealth of Massachusetts General Law - Part I, Title XV, Chapter 93, Section 43
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Old Yesterday, 08:05 AM
 
Location: Los Angeles
11,821 posts, read 9,830,408 times
Reputation: 31670
This is getting comical.
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Old Yesterday, 08:26 AM
 
5,920 posts, read 2,678,056 times
Reputation: 5703
Quote:
Originally Posted by Cloudy Dayz View Post
For the umpteenth time, it does not apply only to the USPS. Almost every state has laws that say the exact same thing, and they say nothing about the USPS. Here is the relevant Massachusetts state law again.




Commonwealth of Massachusetts General Law - Part I, Title XV, Chapter 93, Section 43
I was simply addressing the US code section referenced by you and Gungnir. It clearly doesn't apply.

Quote:
Quote:
Section 43: Unsolicited merchandise

Section 43. Any person who receives unsolicited goods, wares or merchandise, offered for sale, but not actually ordered or requested by him orally or in writing, shall be entitled to consider such goods, wares or merchandise an unconditional gift, and he may use or dispose of the same as he sees fit without obligation on his part to the sender.

OK, forget about the FTC law, here is the relevant Massachusetts state law again.
The guy didn't receive unsolicited goods offered for sale. He was on the receiving end of a mistaken delivery.

Your Section 43 above also doesn't apply.
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