any laws on the topic? I was sent the wrong item from a business via mail, do I have to ship it back?

[RIGorous1]

Just curious,

Because I bought a 32" LCD TV online and to my surprise I received a 46". The company now demands that I ship the item back and is willing to pay for the shipping cost, but frankly I don't want to give it up unless I have to

necrolock-DrPizza

 

[meltdown75]

tell them to pound salt

 

[venkman]

Legally, I don't think you HAVE to, but you certainly should. I'm not a lawyer, it could vary by state.

 

[RIGorous1]

that's how I feel....

like in monopoly... bank error in my favor, baby! lol

but is there any legal backing to me not sending it back.

edit:
I live in CA if that makes any difference.

 

[Evadman]

every state I know of says that you can keep any 'gift' or product sent unsolicited. However, I don't know about miss-ships.

Originally posted by: RIGorous1
like in monopoly... bank error in my favor, baby!

You have to pay the bank back in real life.

 

[herrjimbo]

Originally posted by: RIGorous1
Just curious,

Because I bought a 32" LCD TV online and to my surprise I received a 46". The company now demands that I ship the item back and is willing to pay for the shipping cost, but frankly I don't want to give it up unless I have to

look at it this way

they have your cc number, and if you do indeed decide to keep it, the will most likely charge you for the overage.

 

[Evadman]

Originally posted by: herrjimbo
they have your cc number, and if you do indeed decide to keep it, the will most likely charge you for the overage.

That would be against the law from what I understand.

 

[herrjimbo]

maybe so, but does the op want to go through a legal battle

 

[Adam8281]

I'm a 2nd year law student, so this answer is semi-informed - from what I remember from 1st year contracts, I think you have to return it. If they made a mistake in good faith, and are wiling to pay to get it shipped back, then I don't think you have another option than to ship it back.

 

[Amused]

Originally posted by: RIGorous1
Just curious,

Because I bought a 32" LCD TV online and to my surprise I received a 46". The company now demands that I ship the item back and is willing to pay for the shipping cost, but frankly I don't want to give it up unless I have to

Ask yourself what you would want someone to do if you made the same mistake. Not what you would expect them to do, but what you would WANT them to do. When you ask yourself that, be objective. Honestly put yourself in the shoes of the other party.

And there is your answer.

 

[RIGorous1]

Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

 

[Amused]

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

So now that they showed good faith and refunded your money, you still want to keep the TV?

WTF are you thinking???

 

[Evadman]

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

You are a douche.

 

[mugs]

Originally posted by: Amused

Originally posted by: RIGorous1
Just curious,

Because I bought a 32" LCD TV online and to my surprise I received a 46". The company now demands that I ship the item back and is willing to pay for the shipping cost, but frankly I don't want to give it up unless I have to

Ask yourself what you would want someone to do if you made the same mistake. Not what you would expect them to do, but what you would WANT them to do. When you ask yourself that, be objective. Honestly put yourself in the shoes of the other party.

And there is your answer.

<typical ATOT response>
"Well it was my mistake, so I would want them to keep it. If I make a mistake, I have to accept the consequences. You can't expect people to do the right thing."
</typical ATOT response>

 

[thecoolnessrune]

You could keep it, but it makes you absolutely pathetic. If you wanted a 42 buy a 42 you poor ass excuse for a male.

 

[CRXican]

tell them you weren't home when it was delivered and your roomate opened it, set it up and threw away the box and you have no way to return it

 

[LikeLinus]

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

You're sound like a thief.

The company made an honest mistake and has offered to do everything in their right to fix things and pay for the shipping. You are out nothing. You'd rather keep an item you didn't pay for and steal their product because they made a simple mistake.

Wow. You're a class act.

 

[herrjimbo]

Originally posted by: Evadman

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

You are a douche.

i believe asshat is a better word.

 

[LikeLinus]

Originally posted by: herrjimbo

Originally posted by: Evadman

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

You are a douche.

i believe asshat is a better word.

Thief would be the correct word.

 

[Circlenaut]

Keep it man

 

[RIGorous1]

Ethically speaking I agree with you Amused; the right thing would be to return it, but...

From a practical standpoint I'm thinking that it was their mistake to begin with, so why should I go through the trouble of having to repackage this monster, spending money to drive to the nearest postal office/etc., waiting in the holiday line, and not be compensated for it all.

Besides, I want to keep the darn thing, so if theres some law that allows me too, why not?

 

[GodlessAstronomer]

Originally posted by: Amused

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

So now that they showed good faith and refunded your money, you still want to keep the TV?

WTF are you thinking???

Gotta agree with Amused here.

 

[rudeguy]

Originally posted by: LikeLinus

Originally posted by: herrjimbo

Originally posted by: Evadman

Originally posted by: RIGorous1
Ok interesting twist... I just called the CSR of this company and he said they've refunded the price I paid on the 32" and reinforced that they want the 46" back.

He even went so far as to say if I keep the 46" that I'm stealing!

I laughed at him and hung up.

What should I do? Keep the money... and the 46" LCD... man how stupid can this company be.

You are a douche.

i believe asshat is a better word.

Thief would be the correct word.

I would like to see banned user added to the list

 

[Beev]

Originally posted by: LikeLinus
Thief would be the correct word.

No, it's not, it isn't even close as he didn't steal anything.

That doesn't mean he shouldn't send it back though. Ship it out, OP.

 

[rudeguy]

Originally posted by: RIGorous1
Ethically speaking I agree with you Amused; the right thing would be to return it, but...

From a practical standpoint I'm thinking that it was their mistake to begin with, so why should I go through the trouble of having to repackage this monster, spending money to drive to the nearest postal office/etc., waiting in the holiday line, and not be compensated for it all.

Besides, I want to keep the darn thing, so if theres some law that allows me too, why not?

Its called ethics.