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Old Yesterday, 11:40 AM
 
19,268 posts, read 15,884,557 times
Reputation: 36252

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Quote:
Originally Posted by Ghengis View Post
I actually tried to find that precedent, but apparently it doesn't exist

apparently, my older siblings were lying to me all those years ago
Next you're gonna tell me calling "Dibs" has no legal standing, either!
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Old Yesterday, 11:50 AM
 
Location: A Yankee in northeast TN
9,998 posts, read 13,874,009 times
Reputation: 21663
Quote:
Originally Posted by ocnjgirl View Post
And who do you think pays for all these things in the end? We do via higher costs.
I'm not sure what that has to do with this discussion, but I'll play along.
The retailer is not out anything if the carrier screws up the delivery, the shipping company is. Maybe in a very round about way that cost gets passed on to the consumer, the shipping company raises shipping charges or starts requiring insurance on shipped packages.
If you really want to get into it we also bear the cost of the police investigation, arrest, trial, and incarceration. Maybe the guy has a family who depended on his earnings so now we pick up the cost of gov't aid for them too.
But what we don't have is the retailer passing along the cost of a loss because the retailer doesn't suffer a loss for a carriers mistake.
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Old Yesterday, 11:50 AM
 
Location: In a vehicle.
4,791 posts, read 3,027,047 times
Reputation: 7779
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
The shipping company claims that Memmo signed for the incorrect delivery, which Memmo disputes. He also said that he never informed them he was someone he is not. According to Freetown Police Department, they were informed by the delivery service that two televisions had been delivered and one was delivered by mistake. ďThe delivery service contacted police after several unsuccessful attempts to recover the television. Police then visited the residence where they spoke with the male in an effort to recover the television. Unfortunately, he refused to cooperate,Ē the FPD said.

Memmo is now facing jail time. He says if he knew he would be arrested, he would have paid for the larger TV or returned it.



I'm weird I guess. I'd have been on the phone to the shipping company telling them that I got 2 TV's and really only need one. I'd not go and bolt it to my wall unless EVERYONE said it was OK.
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Old Yesterday, 11:51 AM
 
Location: Vallejo
13,775 posts, read 15,647,670 times
Reputation: 12368
Quote:
Originally Posted by Lodestar 77 View Post
How can you side with the guy? He received an item that did not belong to him, period. He did not order it, he did not pay for it, and anyone with a conscience knows you don't get to keep something that belongs to somebody else. You side with the guy, how can you justify this? A thief is a thief is a thief............And of course, "there is always more to the story", see bus man's comment about how the media left out a pertinent detail, like they do to start controversy. SMH.
Depends.

I'm not really big on going out of my way to fix people's problems for them. Prepaid shipping label and I'll drop it off at a Fedex/UPS store. Not an 86" TV but a $300 smartphone. Seller shipped a phone with a bad IMEI number. Clearly their mistake as it was not only listed as clean but before paying I asked for the IMEI number and was given a clean one which was not for the phone received. They wanted me to pay for shipping before issuing a refund, less shipping. I disagreed. Filed a claim with eBay and PayPal, got my refund in a few weeks. Could have been an honest mistake or a scam. Either way, it's not my mistake to fix. Since they never wanted the phone back it stayed in a drawer for quite a while and eventually sold for parts.

He claims he notified Amazon, could be lying there. Also Amazon is often not the seller, it's jut Amazon marketplace. They are, however, an agent of the seller. He contacted the seller's agent (allegedly) and was informed (allegedly) to go ahead and keep the item. If true, he's really done his due diligence. If the deliver service can prove it made several calls which were ignored, that's a little different. Problem with delivery service and Amazon. It's everything from Joe and his personal vehicle to larger, more organized operations.

Last edited by Malloric; Yesterday at 12:10 PM..
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Old Yesterday, 12:01 PM
 
5,619 posts, read 2,548,842 times
Reputation: 14284
Quote:
Originally Posted by Hulsker 1856 View Post
Uh huh.

That's a good example, but it will go right over the heads of those who think there's actually a law that says: FINDERS, KEEPERS.
*sigh*,seems that "if a person does due diligence,in turning in the item. The police will attempt to locate the rightful owner". If after a designated period of time the item remains unclaimed. Yup.yup! Finders keepers.

That is not this specific case. This gent technically gets to retain it because it was delivered to his premise .once on his property ..he can decide to do the public "moral" return or side with the current ftc regulation.

He didn't receive stolen property...it was delivered to him.

No amazon isn't at a loss. Amazon is nothing short of a big middleman for manufacturers and mom pop stores. Amazon gets a % of revenue from deals done thru their site. It's ebay with a modern twist. Yes amazon has certain products exclusive to their entity...prime video...Kindle. .which is a money maker.
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Old Yesterday, 12:55 PM
 
26,447 posts, read 51,238,137 times
Reputation: 20151
Quote:
Originally Posted by blktoptrvl View Post
Sounds like he might have a TV and a couple of lawsuits on his hands...

According to the FEDS...

https://www.consumer.ftc.gov/article...ed-merchandise

"What do you do when you receive merchandise that you didnít order? According to the Federal Trade Commission, you donít have to pay for it. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment."
  • So, maybe he gets a TV.
  • Can sue the merchant.
  • And can sue to cops.
I remember this was a big deal as unscrupulous sellers were sending merchandise to elderly and demanding payment for goods received but not ordered.

I received two citrus trees... not ordered by me... after lots of investigation it turns out the shipper goofed... I was asked to care for the trees by watering and the shipper would pick up...

It's been 17 years and the citrus trees are still here???
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Old Yesterday, 01:27 PM
 
Location: Riding a rock floating through space
1,377 posts, read 380,622 times
Reputation: 3584
Quote:
Originally Posted by Nov3 View Post
*sigh*,seems that "if a person does due diligence,in turning in the item. The police will attempt to locate the rightful owner". If after a designated period of time the item remains unclaimed. Yup.yup! Finders keepers.

That is not this specific case. This gent technically gets to retain it because it was delivered to his premise .once on his property ..he can decide to do the public "moral" return or side with the current ftc regulation.

He didn't receive stolen property...it was delivered to him.

No amazon isn't at a loss. Amazon is nothing short of a big middleman for manufacturers and mom pop stores. Amazon gets a % of revenue from deals done thru their site. It's ebay with a modern twist. Yes amazon has certain products exclusive to their entity...prime video...Kindle. .which is a money maker.
You and a lot of people don't understand what he did wrong, this is a legal issue not just a moral one.
Conversion is a crime, whereby someone gives you something by mistake, and you keep it anyway. The key here is intent - it was not intended for this guy to receive a free tv, it was shipped by mistake. Do some research on it so maybe you can learn something.
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Old Yesterday, 02:14 PM
 
Location: Texas
42,953 posts, read 51,457,800 times
Reputation: 69061
Quote:
Originally Posted by duke944 View Post
You and a lot of people don't understand what he did wrong, this is a legal issue not just a moral one.
Conversion is a crime, whereby someone gives you something by mistake, and you keep it anyway. The key here is intent - it was not intended for this guy to receive a free tv, it was shipped by mistake. Do some research on it so maybe you can learn something.
Thanks for posting this.

Here is the definition I found:

Theft by conversion occurs when a person lawfully obtains possession to the personal property or funds of another, and then converts the property into funds for their own use and without the person's permission.
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Old Yesterday, 02:48 PM
 
550 posts, read 225,381 times
Reputation: 1218
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
I haven't read the article but I doubt Amazon would tell him to keep a TV.
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Old Yesterday, 03:03 PM
 
26,447 posts, read 51,238,137 times
Reputation: 20151
We had a brand new Mustang GT dumped on our farm property... it was Brand New...

Called the Dealer and to aske what was going on and it needed to be moved... dealersaid "I don't care what you do with it as we have reported it stolen"

I insisted they come get it and the Owner of the Dealership said "I don't want the car"

So yes... strange things do occur.

I also called the police but it was on a Sunday... they sent out an officer who made a report as it was blocking the entrance to the lower field and I needed it moved.

Finally, after the police called the Dealer someone came out... foul mouth, foul attitude said he was missing a ball game and was really upset...

All I could say you are lucky I'm not charging for my time and they need to take better care of their inventory... the key was left out on the desk and not locked up as per company policy... this was a 40k+ vehicle and the owner said he did not want it and he did not care what I did with it...
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