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

[waggy]

Originally posted by: MustangSVT
They arent exactly making it easy for him to return it. I would expect the original TV to be shipped with a return package of some sort.

IF he was polite and didnt try to screw them at first im sure they would have. in fact if he calls and says hey i was beinga idiot and tore the box open and its not really a good idea to ship it back in it. Also i can't get it to a ups store and they have to pick it up (on them) that would be grat. i fuckign gurntee they will do it.

but he still should NOT have opened the box.

 

[zinfamous]

Originally posted by: waggy

Originally posted by: MustangSVT
They arent exactly making it easy for him to return it. I would expect the original TV to be shipped with a return package of some sort.

IF he was polite and didnt try to screw them at first im sure they would have. in fact if he calls and says hey i was beinga idiot and tore the box open and its not really a good idea to ship it back in it. Also i can't get it to a ups store and they have to pick it up (on them) that would be grat. i fuckign gurntee they will do it.

but he still should NOT have opened the box.

Perhaps the company appears difficult b/c the OP was a jackass from the start? They would make it easy for him if he didn't approach them they way he has.

Then again, I still fail to see how they've made it difficult for him. They offer to pay for posting, it's his responsibility to set up a pick-up time. Are they supposed to know his schedule and do all of this for him?

and yeah, he destroyed their box. ....how is this their responsibility? Again, any perceived difficulties of the OP's are only of his own making.

 

[Synomenon]

If he has to ship it back (bring it to the post office / UPS store / FedEx Kinkos) then he should wait until after the holidays. Have any of you stepped into one of those places during the holiday season?

Otherwise, he should call the company back and have them setup a pickup or see if it's possible for him to call USPS / UPS / FedEx to setup a pickup himself. On the day they're supposed to pick it up, all he should do is leave it outside of his front door so he doesn't end up waiting all day for them.

 

[GoSharks]

Originally posted by: sjwaste
You'll be hard pressed to find any law that allows you to keep it.

Does this apply?
http://www.usps.com/postalinspectors/fraud/merch.htm

If you do not wish to pay for unsolicited merchandise or make a donation to a charity sending such an item, you may do one of three things (in each case, by law, you have no obligation to the sender):

* If you have not opened the package, you may mark it "Return to Sender," and the Postal Service will return it with no additional postage charged to you.

* If you open the package and don't like what you find, you may throw it away.

* If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.

 

[xanis]

I just entered this thread, but from what I understand the OP is a douchebag. If it was me, I'd return it.

 

[Amused]

Originally posted by: GoSharks

Originally posted by: sjwaste
You'll be hard pressed to find any law that allows you to keep it.

Does this apply?
http://www.usps.com/postalinspectors/fraud/merch.htm

If you do not wish to pay for unsolicited merchandise or make a donation to a charity sending such an item, you may do one of three things (in each case, by law, you have no obligation to the sender):

* If you have not opened the package, you may mark it "Return to Sender," and the Postal Service will return it with no additional postage charged to you.

* If you open the package and don't like what you find, you may throw it away.

* If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.

No, because it was NOT unsolicited.

People need to stop looking for legal ways to be unethical. It's sad.

 

[Red Dawn]

Originally posted by: Amused

Originally posted by: GoSharks

Originally posted by: sjwaste
You'll be hard pressed to find any law that allows you to keep it.

Does this apply?
http://www.usps.com/postalinspectors/fraud/merch.htm

If you do not wish to pay for unsolicited merchandise or make a donation to a charity sending such an item, you may do one of three things (in each case, by law, you have no obligation to the sender):

* If you have not opened the package, you may mark it "Return to Sender," and the Postal Service will return it with no additional postage charged to you.

* If you open the package and don't like what you find, you may throw it away.

* If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.

No, because it was NOT unsolicited.

People need to stop looking for legal ways to be unethical. It's sad.

What's even sadder is that Big Business doesn't think twice about being unethical if they know they can get away with it.

 

[GoSharks]

Why is it unsolicited? He didn't order it.

I'm not saying that it is ethically right to keep it, I'm just wondering about the law in this case.

 

[Farang]

Originally posted by: GoSharks
Why is it unsolicited? He didn't order it.

I'm not saying that it is ethically right to keep it, I'm just wondering about the law in this case.

I think there is a difference (legally, judging by what people posted here) in just having something show up at your door, and having the wrong item show up on your door because of a mistake by the company.

 

[SociallyChallenged]

Originally posted by: GoSharks
Why is it unsolicited? He didn't order it.

I'm not saying that it is ethically right to keep it, I'm just wondering about the law in this case.

Law is posted above for CA. It's not legal.

 

[looker001]

Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

 

[mortong]

Originally posted by: Farang

Originally posted by: GoSharks
Why is it unsolicited? He didn't order it.

I'm not saying that it is ethically right to keep it, I'm just wondering about the law in this case.

I think there is a difference (legally, judging by what people posted here) in just having something show up at your door, and having the wrong item show up on your door because of a mistake by the company.

Exactly - This was not an unsolicited delivery, it was a good faith mistake on the part of the company. CA isn't the only state that protects companies in the case of a mistake made in good faith.

 

[BeauJangles]

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

 

[looker001]

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

 

[Farang]

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

Ethics should never be irrelevant, and anyone who says they are is just an unethical person trying to excuse themselves.

edit: and its illegal. So morally and practically you are wrong.

 

[looker001]

Originally posted by: Farang

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

Ethics should never be irrelevant, and anyone who says they are is just an unethical person trying to excuse themselves.

edit: and its illegal. So morally and practically you are wrong.

Fine i am unethical person, i can live with that.

edit:As for practically, he didn't force them to send the tv so can't do anything about it. If they try to charge his card, it would be unauthorizerd charge which he can easily dispute with cc. They could have kept the money for 32 inch instead of refunding the money.

 

[BeauJangles]

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

This post is pathetic. Like I said before, sometimes doing the right thing takes effort, but that doesn't mean you shouldn't do it. When it comes down to it, all you've got are your honesty and integrity and throwing them away over a $1500 tv speaks miles about the kind of person both you and the OP are.

Maybe I'm old fashion, but this is a pretty clear case of right versus wrong. If the company had made the mistake the other way (sent him a 32" tv he didn't pay for rather than a 42" he did) you and everyone else here would be hollering for the BBB, demanding free next day air, free setup, and $10,000 cash for "emotional damages." Just because it's a company doesn't give you or anyone else the right to screw them out of a product.

The company screwed up, no doubt about it. That shouldn't be an excuse to jump all over them though. Just like I'm sure you hope people forgive you when you screw up, the OP needs to be a fucking man, grow a pair, apologize and ship back the television that doesn't belong to him.

In terms of the law, this case is pretty black and white. The OP did not receive unsolicited merchandise. The television isn't his to keep.

 

[Farang]

Originally posted by: looker001

Originally posted by: Farang

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

Ethics should never be irrelevant, and anyone who says they are is just an unethical person trying to excuse themselves.

edit: and its illegal. So morally and practically you are wrong.

Fine i am unethical person, i can live with that.

edit:As for practically, he didn't force them to send the tv so can't do anything about it. If they try to charge his card, it would be unauthorizerd charge which he can easily dispute with cc. They could have kept the money for 32 inch instead of refunding the money.

You're missing the part where it is illegal. It is unpractical because he will not be able to keep the TV and will face legal consequences for trying to, so it is practical for him to return it.

 

[looker001]

Originally posted by: BeauJangles

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

This post is pathetic. Like I said before, sometimes doing the right thing takes effort, but that doesn't mean you shouldn't do it. When it comes down to it, all you've got are your honesty and integrity and throwing them away over a $1500 tv speaks miles about the kind of person both you and the OP are.

Maybe I'm old fashion, but this is a pretty clear case of right versus wrong. If the company had made the mistake the other way (sent him a 32" tv he didn't pay for rather than a 42" he did) you and everyone else here would be hollering for the BBB, demanding free next day air, free setup, and $10,000 cash for "emotional damages." Just because it's a company doesn't give you or anyone else the right to screw them out of a product.

The company screwed up, no doubt about it. That shouldn't be an excuse to jump all over them though. Just like I'm sure you hope people forgive you when you screw up, the OP needs to be a fucking man, grow a pair, apologize and ship back the television that doesn't belong to him.

In terms of the law, this case is pretty black and white. The OP did not receive unsolicited merchandise. The television isn't his to keep.

Sure it's his to keep, they upgraded him for free. As for ethics and doing right/wrong thing i can care less about that.

 

[looker001]

Originally posted by: Farang

Originally posted by: looker001

Originally posted by: Farang

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: looker001
Haven't found what you decided to do but I hope you keep it the t.v. and tell the company to go pound the sand.

Well, considering the company could (and should) press charges against him if he does that, I'd say it's an absolutely terrible idea. Not to mention the fact that it is completely unethical.

Well ethics are irrelevent in this case. Now regarding pressing charges, for what? Did he go in to the warehouse and illegally drive out with this t.v.? Did he hold gun to their head ,to force them to send him ths t.v? Basically no to both of those question as such he didn't do anything criminal. Next time this company should not make such big mistake and learn from this error.

Again I hope he keeps the .t.v. and tells the company to go pound the sand.

Ethics should never be irrelevant, and anyone who says they are is just an unethical person trying to excuse themselves.

edit: and its illegal. So morally and practically you are wrong.

Fine i am unethical person, i can live with that.

edit:As for practically, he didn't force them to send the tv so can't do anything about it. If they try to charge his card, it would be unauthorizerd charge which he can easily dispute with cc. They could have kept the money for 32 inch instead of refunding the money.

You're missing the part where it is illegal. It is unpractical because he will not be able to keep the TV and will face legal consequences for trying to, so it is practical for him to return it.

What would be the criminal charge?

 

[Jeff7]

It's probably been said, but hey, here it is anyway:
If the company had sent a 22" LCD by accident, and they didn't want to correct their mistake, the OP would probably still be a dick to the CSRs at the company, but instead would be complaining about how they'd ripped him off for not wanting to send him the correct model.

 

[looker001]

Originally posted by: Jeff7
It's probably been said, but hey, here it is anyway:
If the company had sent a 22" LCD by accident, and they didn't want to correct their mistake, the OP would probably still be a dick to the CSRs at the company, but instead would be complaining about how they'd ripped him off for not wanting to send him the correct model.

Yes he probabably would and and he also has right in this case to keep tv. Again screw the ethics and screw doing right and wrong. OP should keep t.v. and tell the company to deal with it.

 

[Farang]

Originally posted by: looker001

Originally posted by: Jeff7
It's probably been said, but hey, here it is anyway:
If the company had sent a 22" LCD by accident, and they didn't want to correct their mistake, the OP would probably still be a dick to the CSRs at the company, but instead would be complaining about how they'd ripped him off for not wanting to send him the correct model.

Yes he probabably would and and he also has right in this case to keep tv. Again screw the ethics and screw doing right and wrong. OP should keep t.v. and tell the company to deal with it.

You know you've convinced me.. screw it man I'm gonna shoot up some H steal a car break some windows and rob a liquor store, muthafuckin cops can deal with it

 

[BeauJangles]

Originally posted by: looker001

Originally posted by: Jeff7
It's probably been said, but hey, here it is anyway:
If the company had sent a 22" LCD by accident, and they didn't want to correct their mistake, the OP would probably still be a dick to the CSRs at the company, but instead would be complaining about how they'd ripped him off for not wanting to send him the correct model.

Yes he probabably would and and he also has right in this case to keep tv. Again screw the ethics and screw doing right and wrong. OP should keep t.v. and tell the company to deal with it.

How is it so hard to understand that when you have something you didn't pay for, it's theft? He stole from them, basically the same way those people from Walmart were trying to scam big TVs out of the store by swapping barcodes.

 

[Xylitol]

Originally posted by: BeauJangles

Originally posted by: looker001

Originally posted by: Jeff7
It's probably been said, but hey, here it is anyway:
If the company had sent a 22" LCD by accident, and they didn't want to correct their mistake, the OP would probably still be a dick to the CSRs at the company, but instead would be complaining about how they'd ripped him off for not wanting to send him the correct model.

Yes he probabably would and and he also has right in this case to keep tv. Again screw the ethics and screw doing right and wrong. OP should keep t.v. and tell the company to deal with it.

How is it so hard to understand that when you have something you didn't pay for, it's theft? He stole from them, basically the same way those people from Walmart were trying to scam big TVs out of the store by swapping barcodes.

those people from walmart were trying to steal from the start. Again, if the company did EVERYTHING to get the TV back (send someone over to package it, etc.), I could see the OP as a theft. Right now, I only see him as someone who doesn't want to be bothered by anything.

Those thieves you're talking about in your post were GOING OUT OF THEIR WAY to steal