jonny_q: Teiritzamna: Well the Consumerist should know that the proposition that "anything shipped to your home is yours" is not actually a legal doctrine. While it is true that under the rules of contract/restitution, you are under no obligation to pay for the mistakenly sent items - which is to prevent old scams wherein someone would send you, say, a tie in the mail and then charge you $50 - if best buy or whomever asked that you sent the merch back, you are under a legal obligation to do so (unless you reasonably changed position such that the disgorgement would work harm upon you - think accidentally spending money mistakenly placed in your bank account because you legitimately believed it was a bonus or some such). Now they have to pay for the shipping and all - but you cant just reply "nope, mine now"Do you have any citations for that? I'm not convinced that having the "seller" pay for return shipping is enough to prevent companies from trying to run the scam you described. Also, they would have to prove that (a) it was a mistake and not intentional and (b) they're aware they made the mistake (and somehow did it anyway).
Teiritzamna: /it does make me think that we should open a service to just randomly mail people hazardous waste as a way of getting rid of it. Sorry, you are on the hook for that Methylethylketone, it was mailed to your house.
Silverstaff: When an ATM dispenses a huge wad of money, you know that money isn't yours, you're taking it from the ATM knowing you aren't supposed to have it. You are taking the effort to remove it from the ATM and walk off, when you could just leave it at the machine (or immediately deposit it back on the spot, with a note written on the deposit slip that it was dispensed in error)
Teiritzamna: Once again - there is a world of difference between purposeful mailing you crap and then demanding payment, and accidentally shipping you something and then asking for it back. The FTC site is discussing the fact that you are under no legal obligation to pay for such goods - which is true. But in the case of a mistake if they demand the merch back, you dont have a legal right to possession.
saturn badger: The invoice said one so one is what was shipped to you.
db2: Strictly speaking, yes, it's legal to keep the merchandise. However, in addition to the law, there are concepts of 'good faith', 'bad faith', and 'being a dick wad'. If the company is obviously not trying to grift you, and simply made an operational error, I'd at least have the decency to contact them about it, and let them decide what they want to do. And in this case, it looks like that's what happened.I had something kind of like this happen with an ebay purchase recently. They sent the wrong item (the part numbers were extremely similar). I told them about it, they sent the right item, included a return label for the wrong one, and I sent it back.It's like the "scanner" law here in Michigan - if an item is rung up for the wrong amount, you are technically entitled to both the correct price, and a refund of ten times the amount of the error, up to $5. But I know mistakes happen, so I won't call them on the second part of it unless they're being huge dicks, or obviously trying to rip off customers (fortunately, I haven't had to do this once yet). Generally, I'm content with the store just honoring the advertised price.Oh, but I'm not paying for the extra merchandise or the return shipping, though. They can have the stuff back, but they're going to have to send me a shipping label, or arrange for pickup. Unless they tell me to keep it, in which case I will.
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