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Old 04-03-2019, 06:28 AM
 
19,430 posts, read 15,986,466 times
Reputation: 36598

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Quote:
Originally Posted by Cloudy Dayz View Post
Why wouldn't they? It would be in their best interest.

Hello Amazon, I just received an item that I didn't order. I don't want to return it, so I would like to pay for it.

Why would they say no?
Someone else already paid for it. They can’t sell the same TV twice. Side from that, he did not want to pay for it. If he wanted to pay for an 86 inch television, he wouldn’t of ordered a 72 inch television. You are mistaken and TaxPhD was telling you you’re mistaken, you misunderstood his post
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Old 04-03-2019, 06:31 AM
 
19,430 posts, read 15,986,466 times
Reputation: 36598
Quote:
Originally Posted by Cloudy Dayz View Post
You are not listening. There is no law that says you can keep a misdelivered social security or tax return check. I have already provided multiple laws that say you can keep unsolicited merchandise as a free gift. And the laws do not say, unless it's a delivery mix up.



What do you do with Amazon packages you didn't order_ _ Komando.com
That is different than ordering something from a seller and having the shipper give you yours and your neighbors down the street. That applies to fraud situation where you had no connection to seller or product. this is not that kind of situation and I cannot believe you aren’t just messing with us now. That FTC law does not apply here it just does not.

If I buy a classic car on eBay , and they’re going to deliver it to me, and they deliver it to my neighbor instead does he get to keep the car? No he does not.
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Old 04-03-2019, 06:41 AM
 
19,268 posts, read 10,694,980 times
Reputation: 19224
Quote:
Originally Posted by SWFL_Native View Post
If the shipping company leaves something on my doorstep it’s mine.

If the shipping company leaves my package on the doorstep and somebody steals it then I am not compensated.
I dunno about that.

A package was walked off my front doorstep a few weeks ago. UPS for some reason delivered the package at 1 pm instead of their usual 6pm, so I wasn't there to accept it. UPS finally declared it "missing" and the store issued a replacement that should be delivered tomorrow.
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Old 04-03-2019, 07:55 AM
 
Location: Oregon Coast
4,700 posts, read 1,849,097 times
Reputation: 6125
Quote:
Originally Posted by Metlakatla View Post
I know the nuances involved here are hard for you to understand, Cloudy.

https://turnto10.com/news/local/not-...livered-to-him



I think I'll take the word of the legal analyst referenced in the article over someone who blogs as a "digital goddess."
Well if a TV station lawyer, says so it must be true. You realize that every court case has lawyers on opposite sides arguing opposite points of view, right? They just argue the point of view that they get paid to argue. In this case whatever point the TV station is paying them to argue. Ultimately it is a judge or a jury that decides guilt or innocence.
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Old 04-03-2019, 07:59 AM
 
Location: Oregon Coast
4,700 posts, read 1,849,097 times
Reputation: 6125
Quote:
Originally Posted by Rocko20 View Post
He's just trolling at this point. Everyone with a brain know there is no "free gift" and that the rightful owner and company will both track down where there product actually went.

Even if you found $1M in your bank account one day, obivously due to error, you wouldn't be entitled to keep it.
The law I quoted says otherwise, "shall be entitled to consider such goods, wares or merchandise an unconditional gift".
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Old 04-03-2019, 08:02 AM
 
Location: Oregon Coast
4,700 posts, read 1,849,097 times
Reputation: 6125
Quote:
Originally Posted by ocnjgirl View Post
That is different than ordering something from a seller and having the shipper give you yours and your neighbors down the street. That applies to fraud situation where you had no connection to seller or product. this is not that kind of situation and I cannot believe you aren’t just messing with us now. That FTC law does not apply here it just does not.

If I buy a classic car on eBay , and they’re going to deliver it to me, and they deliver it to my neighbor instead does he get to keep the car? No he does not.
Not under the law as it is written. Again the law I quoted is not an FTC law. It is a state law.
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Old 04-03-2019, 10:20 AM
 
19,430 posts, read 15,986,466 times
Reputation: 36598
Quote:
Originally Posted by Cloudy Dayz View Post
The law I quoted says otherwise, "shall be entitled to consider such goods, wares or merchandise an unconditional gift".
Unsolicited goods is not the same as your order being delivered wrong. In the car example I used, if an EBay seller delivers a car to you that no one ordered, and then demands payment from you, THEN that law applies and you keep it. If your neighbor ordered and paid for it and it and it was simply misdelivered to you, you do NOT get to keep it, that law does NOT apply. Sheesh. Is this really that difficult to understand?

Last edited by ocnjgirl; 04-03-2019 at 10:57 AM..
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Old 04-03-2019, 10:33 AM
 
Location: Los Angeles
11,833 posts, read 9,857,908 times
Reputation: 31784
I think we should give up here as someone's mind is made up and will never be changed.
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Old 04-03-2019, 10:44 AM
 
5,921 posts, read 2,685,412 times
Reputation: 5704
Quote:
Originally Posted by Cloudy Dayz View Post
Not under the law as it is written. Again the law I quoted is not an FTC law. It is a state law.
Here’s he state law:

Quote:
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.
Note the highlighted portion, as it is the key to understanding this issue. The mis-delivered TV was not offered for sale, it was mis-delivered.

This can’t be any more clear. . .
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Old 04-03-2019, 10:44 AM
 
Location: Riding a rock floating through space
1,457 posts, read 401,217 times
Reputation: 3770
Quote:
Originally Posted by Mr_Geek View Post
I think we should give up here as someone's mind is made up and will never be changed.
“Never argue with an idiot. They will drag you down to their level and beat you with experience.”

-Mark Twain
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