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Have you had a chance to review the laws from any state, as I requested earlier?
Or are you just practicing "internet law" still? Pro tip: You blew any credibility when you said Federal law addresses this.
Yes I read the the state and federal laws. I posted links to both the relevant state and federal law. I'm not going to post them again. So you are going to have to reread the thread.
Yes I read the the state and federal laws. I posted links to both the relevant state and federal law. I'm not going to post them again. So you are going to have to reread the thread.
You posted links about receiving unsolicited goods. Mis-delivered is not the same as unsolicited. One is actually addressed to the recipient, the other is not. Your links were not relevant.
Here we go again. A decent person would have told the delivery driver that only one of the tvs was his instead of signing for both because he was like "free tv, cool!". For him to allow this mistake to happen in the first place was a lapse in ethics and judgement, but to not give it back after being asked makes him a criminal. No, Amazon was not at fault so why should they eat it? This was nothing more than an honest mistake by a delivery driver.
Just to note.......we find people guilty of something well before we know they are. No, he didn't necessarily know it was not his. Maybe he had mentioned needing a new television and his grandmother sent him one. I'm constantly finding boxes on the porch from the M.i.L sending my wife something.
Normally I do not have to sign but on occasion I do. I do not check the label first. I just sign and bring the item inside. Once I figured out it wasn't mine I would have informed whoever sent it that it was on the porch if they wanted it.
If they pick it up, great. If not after a reasonable time, it's mine.
You posted links about receiving unsolicited goods. Mis-delivered is not the same as unsolicited. One is actually addressed to the recipient, the other is not. Your links were not relevant.
He did receive unsolicited goods. Those links were posted in many of the news articles. Trained journalists could see the relevance. Why is it so hard for you?
I will ask the question again. If what you say is true, and he is guilty of a crime, then why did the case vaporize? This was a pretty big news story when it broke. His conviction would likely be just as big a story. Why has that not been reported? Why is there no court record of his conviction or trial? Think about it.
Trained journalist? I'd think you were joking but I know you aren't. I know you refuse to understand what unsolicited means, so no point in bringing it up again, however I hope that most people on this thread are capable of grasping the difference.
As far as why their is no conviction, no trial, no report, best guess would be because doofus settled with the delivery company rather than having it get to the point that it would show upon his records. Settling out of court is hardly newsworthy.
Yes I read the the state and federal laws. I posted links to both the relevant state and federal law. I'm not going to post them again. So you are going to have to reread the thread.
And someone just posted a few posts ago the law which stated “except in the case of mistaken delivery”. You were wring about this back then and you are wrong about it now.
He did receive unsolicited goods. Those links were posted in many of the news articles. Trained journalists could see the relevance. Why is it so hard for you?
I will ask the question again. If what you say is true, and he is guilty of a crime, then why did the case vaporize? This was a pretty big news story when it broke. His conviction would likely be just as big a story. Why has that not been reported? Why is there no court record of his conviction or trial? Think about it.
This was never a big story, and it didn’t “break”. It was a local news story that got shared via social media until it became a big story. In reality it was a misdemeanor level crime he probably paid a fine, period. He wasn’t some organized crime boss where someone is going to follow the case to conclusion.
Trained journalist? I'd think you were joking but I know you aren't. I know you refuse to understand what unsolicited means, so no point in bringing it up again, however I hope that most people on this thread are capable of grasping the difference.
As far as why their is no conviction, no trial, no report, best guess would be because doofus settled with the delivery company rather than having it get to the point that it would show upon his records. Settling out of court is hardly newsworthy.
There is no such thing as settling out of court in a criminal case. It can be mediated through, and the charges dropped. In which case it would not show up on his record.
And someone just posted a few posts ago the law which stated “except in the case of mistaken delivery”. You were wring about this back then and you are wrong about it now.
No there is no “except in the case of mistaken delivery” in any of the laws. Those words are not there anywhere. Please stop posting misinformation. I have quoted the laws in their entirety, multiple times, along with the links for everyone to see for themself, if you don't believe I'm quoting them correctly.
I know I'm batting my head against a brick wall, but I will post them 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.
(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of un*ordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d) For the purposes of this section, “un*ordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
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No there is no “except in the case of mistaken delivery” in any of the laws. Those words are not there anywhere. Please stop posting misinformation. I have quoted the laws in their entirety, multiple times, along with the links for everyone to see for themself, if you don't believe I'm quoting them correctly. 
