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Old 03-22-2019, 12:52 PM
 
Location: NJ
10,580 posts, read 21,248,395 times
Reputation: 8602

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Quote:
Originally Posted by Suburban_Guy View Post
I side with the guy. Amazon told him not to worry about it, it's on the shipper. I don't see why he had to get arrested.

https://www.yahoo.com/lifestyle/man-...230124458.html
There is a lot left out of the story...

The reference to calling Amazon sounds like a lie because he hardly says anything about actually speaking to them. He says more about what he googled

As someone else mentioned, he was delivered 2 TV's. In the article below he knew he was in the wrong when the shipper tried to get it back, then the cops came calling to ask for it back. He asked the cops if he had to get an attorney about this 2nd TV that he hung in his house.

He deliberately watched what he said when answering questions.

Freetown man arrested for keeping TV sent to him by mistake

Quote:
Memmo admits it was delivered to his home by mistake and he admits police tried to question him about it several days before his arrest.

"I answered what questions I could without putting myself in jeopardy," he said.

When asked if he ever thought they made a mistake, and whether he should return it, Memmo said: "I did and I looked into all the laws and said, 'You know, it’s a scratch ticket. Sometimes you win, sometimes you lose.'"

"Amazon said I had nothing to worry about. I made no wrong no decisions at that point," he said.
Man arrested for keeping TV sent to him by mistake

Last edited by Roselvr; 03-22-2019 at 01:03 PM..
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Old 03-22-2019, 12:53 PM
 
Location: Grosse Ile Michigan
26,403 posts, read 62,617,980 times
Reputation: 30135
Quote:
Originally Posted by Mr_Geek View Post
Any second now someone will come here posting how there's a law stating you get to keep whatever is delivered to you no matter what. Even if you didn't pay for it or order it. Happens every time on CD.
Maybe this guy in the story is a CD member and relied on the legal advice from anonymous CD members.

I will give you the correct answer for free. The correct answer is "It Depends" which is pretty much the correct answer to every legal question asked on the internet.
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Old 03-22-2019, 01:01 PM
 
12,148 posts, read 18,311,722 times
Reputation: 18852
This isn't a coffee cup delivered by mistake, but a potentially $3,000 to $10,000 TV set. What was he thinking? Yeah an expensive TV set delivered incorrectly will catch up with him, it's not something that a company will just write-off.

The FTC law is not relevant here - that was created because vendors were sending stuff to customers without them knowing and THEN demanding payment.

If he wanted to be just a scum bag, he could have just hoped it was not reported as a delivery mistake and kept it. But now, by refusing to cooperate with both the shipping company who had tried to contact him to get that set back, and refusing to cooperate with police - he is now not only a scum-bag, but a criminal.
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Old 03-22-2019, 01:06 PM
 
Location: CA
2,654 posts, read 939,928 times
Reputation: 3985
I'm related to someone who'd have no problem taking advantage of a mistake like this guy did. yuck. What slimy behavior. You know you didn't pay for it, give it back if asked, and definitely if demanded.
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Old 03-22-2019, 01:12 PM
 
Location: Scottsdale, AZ
7,372 posts, read 4,538,550 times
Reputation: 26965
The guy lost any sympathy I might have had for him:


He says if he knew he would be arrested, he would have paid for the larger TV or returned it.

But he thought there was a pretty good chance he'd get away with it.


If you need the police to tell you what's right and what's wrong, you're morally defective.
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Old 03-22-2019, 01:58 PM
 
Location: NJ
10,580 posts, read 21,248,395 times
Reputation: 8602
Quote:
Originally Posted by fluffythewondercat View Post
The guy lost any sympathy I might have had for him:


He says if he knew he would be arrested, he would have paid for the larger TV or returned it.

But he thought there was a pretty good chance he'd get away with it.


If you need the police to tell you what's right and what's wrong, you're morally defective.
Exacty
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Old 03-22-2019, 02:00 PM
 
Location: SC
8,774 posts, read 5,601,715 times
Reputation: 12765
Quote:
Originally Posted by ocnjgirl View Post
They didn’t demand payment though. They are talking about a scam where they deliberately send something I asked for them demand the person pay for it. This is not what happened here.
Quote:
Originally Posted by Katana49 View Post
That does not apply at all here.
Quote:
Originally Posted by ClaraC View Post
They weren't demanding payment, they were demanding the TV back.

I learned this in business law.

If you receive an item that you didn't order and didn't pay for, you are not required to put effort into giving it back unless the item is over a specific value. At that point, you are required to make a minimal effort to alert the owner, and are not to impede his getting the item back if he comes to collect it. Obviously, if the owner discovered it's been misdelivered, the same thing applies - you have to give it back.

If you receive a service that you didn't order, such as getting your lawn mowed, and you return from work to discover your lawn has been mowed you don't owe the company who mistakenly mowed your lawn. If you are there, and witness the landscapers setting up and then mowing your lawn, you are required to inform them you aren't going to pay.

God, I loved that class. ;D
Law seems pretty straightforward, what laws have you read that contradict this?

https://www.ag.state.mn.us/Consumer/...erchandise.asp

"Have you ever received merchandise out of the blue that you didn’t actually order? Some people have. This column explains your legal rights if a merchant sends you something you did not order and do not want.

In some cases, the merchandise may be accompanied by a letter asking the recipient to pay for the item or return it. Other times, the fine print may state that acceptance of the “free” merchandise will enroll the consumer into a “club” that requires regular payments. When this happens, consumers often have a number of questions: Do I have to pay for the merchandise? Am I required to return it? Is this legal?

Under state and federal law, recipients of unordered merchandise may keep the goods and are under no obligation to pay for or return them. The recipient may treat the merchandise as an unconditional gift—and may use or dispose of the merchandise as he or she sees fit. The recipient also may refuse to accept delivery. Federal law states that the sender cannot send you a bill or collection notice for unordered merchandise."

Last edited by blktoptrvl; 03-22-2019 at 02:11 PM..
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Old 03-22-2019, 02:15 PM
 
6,037 posts, read 2,782,373 times
Reputation: 15300
Quote:
Originally Posted by blktoptrvl View Post
Law seems pretty straightforward, what laws have you read that contradicts this?

https://www.ag.state.mn.us/Consumer/...erchandise.asp

"Have you ever received merchandise out of the blue that you didn’t actually order? Some people have. This column explains your legal rights if a merchant sends you something you did not order and do not want.

In some cases, the merchandise may be accompanied by a letter asking the recipient to pay for the item or return it. Other times, the fine print may state that acceptance of the “free” merchandise will enroll the consumer into a “club” that requires regular payments. When this happens, consumers often have a number of questions: Do I have to pay for the merchandise? Am I required to return it? Is this legal?

Under state and federal law, recipients of unordered merchandise may keep the goods and are under no obligation to pay for or return them. The recipient may treat the merchandise as an unconditional gift—and may use or dispose of the merchandise as he or she sees fit. The recipient also may refuse to accept delivery. Federal law states that the sender cannot send you a bill or collection notice for unordered merchandise."
Dang nabbit stop making sense and clarifying it with factual information.
I'm still laughing that a law student chimed in..and was proven wrong.
The old saying possession is 9 /10th of the law.
I'm glad the guy kept it and sorry that the officers were wasting tax money to pursue this matter.
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Old 03-22-2019, 02:21 PM
 
Location: Herndon, VA
2,068 posts, read 2,073,329 times
Reputation: 7251
Quote:
Originally Posted by Sherifftruman View Post
It mostly because police are scared little children these days and can’t deal with life anymore.
It's called doing things how you were trained to do them. Do they train you at your job? If so, don't they expect you to follow it?
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Old 03-22-2019, 02:23 PM
 
Location: A Yankee in northeast TN
10,342 posts, read 14,207,405 times
Reputation: 22782
Quote:
Originally Posted by blktoptrvl View Post
Law seems pretty straightforward, what laws have you read that contradict this?

https://www.ag.state.mn.us/Consumer/...erchandise.asp

"Have you ever received merchandise out of the blue that you didn’t actually order? Some people have. This column explains your legal rights if a merchant sends you something you did not order and do not want.
Except it's unlikely the merchant sent it to HIM. They sent it to the purchaser and it was mis-delivered. If he could pull up a shipping label with his name on it maybe he'd have a point.
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