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

[meltdown75]

lmfao this thread is still going :laugh:

first reply ad space for sale. PM me.

 

[kthroyer]

FWIW,

One of the posters here that is defending keeping the television, adamantly argued against anyone and everyone, that the plane would not takeoff. Their responses in that thread were very troll-like, just like in this thread.

 

[herrjimbo]

well, seeing as the op hasn't updated on what transpired, i believe he is in jail, possibility not for the aforementioned alleged crime, but for another infraction.

have'nt seen his butt buddy lately, either.

maybe they're sharing a cell.

 

[ModerateRepZero]

I'm not familiar with warrants but wouldn't they take time to process and be served, as well as required to respond within a certain period of time?

I kinda doubt that the OP would be in jail for this situation so soon, unless he already got served and got tagged as a result of say, a routine police check which revealed an outstanding warrant...

 

[Pacemaker]

I would box it up and tell them they have 30 days to arrange for it to be shipped from my house (it isn't reasonable to expect someone to be able to transport a 50 lb TV to a shipping location). The OP trying to keep the TV is out of line, but so is the companies insistence that he cart it to a shipping location at his expense (and with him having the liability if it were to break in transit).

However, if I was to rate it on a 10 point a-hole scale (with 10 being the biggest a-hole) what the company did would be a 5 and what the OP did would be a 10.

 

[herrjimbo]

Originally posted by: ModerateRepZero
I'm not familiar with warrants but wouldn't they take time to process and be served, as well as required to respond within a certain period of time?

I kinda doubt that the OP would be in jail for this situation so soon, unless he already got served and got tagged as a result of say, a routine police check which revealed an outstanding warrant...

i believe i did state another infraction.

 

[GoPackGo]

The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

 

[mortong]

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

 

[BeauJangles]

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Please, please read the thread. The OP is obligated by both the UCC in California and California state law to return the television. In fact, they are very clear about good faith errors and what constitutes a good faith error.

Originally posted by: Pacemaker
I would box it up and tell them they have 30 days to arrange for it to be shipped from my house (it isn't reasonable to expect someone to be able to transport a 50 lb TV to a shipping location). The OP trying to keep the TV is out of line, but so is the companies insistence that he cart it to a shipping location at his expense (and with him having the liability if it were to break in transit).

However, if I was to rate it on a 10 point a-hole scale (with 10 being the biggest a-hole) what the company did would be a 5 and what the OP did would be a 10.

Actually, you are partially correct. The company cannot charge him for anything involved in the return and most companies would simply send UPS or Fedex. He should make a big deal about that.

 

[Turkish]

Originally posted by: Iron Woode

Originally posted by: Turkish
So the douche never posted an update?

would you?

his credibility is shot. Anything he posts will be considered lying.

so what's the point of him updating the post?

maybe the mods banned his stupid ass for good. we don't need douches with access to FS/FT forum, not that I trade there for general public good.

 

[looker001]

Originally posted by: Turkish

Originally posted by: Iron Woode

Originally posted by: Turkish
So the douche never posted an update?

would you?

his credibility is shot. Anything he posts will be considered lying.

so what's the point of him updating the post?

maybe the mods banned his stupid ass for good. we don't need douches with access to FS/FT forum, not that I trade there for general public good.

Would he not need to violate site rule first? I personally would like to get update on what he decided to do and if he had anymore communication with the company.

 

[EagleKeeper]

Originally posted by: Turkish

Originally posted by: Iron Woode

Originally posted by: Turkish
So the douche never posted an update?

would you?

his credibility is shot. Anything he posts will be considered lying.

so what's the point of him updating the post?

maybe the mods banned his stupid ass for good. we don't need douches with access to FS/FT forum, not that I trade there for general public good.

He has not been banned
Last visited on 11/29 at 1;27PM Eastern Time

 

[mortong]

Originally posted by: BeauJangles
Actually, you are partially correct. The company cannot charge him for anything involved in the return and most companies would simply send UPS or Fedex. He should make a big deal about that.

You know, IIRC, he never said what the return label was - he just claimed that it had originally been shipped USPS. He said the company wouldn't set up a return date/time for him, but we've seen that he doesn't communicate well. Dollars to donuts if he said, "I can't drive this to the post office, can you issue a ticket from UPS/Fedex so I can set a pickup?" they'd do it.

As to whether or not a pickup's covered by the return slip, it is. As I mentioned before, I deal with RMA's all the time in my business, and have never had a problem scheduling a pickup and have yet to have UPS/Fedex request additional payment from me. Most of the tags guarantee payment to return and list the company's account #, they do not specify the amount.

It's not an evil company that's inconveniencing him - he just needs to get off his lazy ass, pick up the phone and set an appointment for pickup.

 

[zinfamous]

Originally posted by: kthroyer
FWIW,

One of the posters here that is defending keeping the television, adamantly argued against anyone and everyone, that the plane would not takeoff. Their responses in that thread were very troll-like, just like in this thread.

yeah, this has been brought up several times already in this thread...

 

[GoPackGo]

Originally posted by: mortong

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

 

[bl4ckfl4g]

I would have returned this but they would have had to send a courier. I'm not spending 1 minute of time, effort, or money to fix their mistake. That is their job. I would have actually called them as soon as I received it but still it is their mistake and I shouldn't have to do any extra work. I have enough to do as it is.

 

[imported_Lothar]

Originally posted by: Cattlegod
send them an email with a spider drawing and say that you value the spider at the same value of a 46 inch tv.

I'm surprised it took that long for someone to suggest that.

 

[SandEagle]

just curious: if company sent wrong tv and YOU had to ship it back (50 lbs), what happens if you drop the tv and they receive it with a broken LCD? are you responsible for the damages?

 

[BeauJangles]

Originally posted by: GoPackGo

Originally posted by: mortong

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Do you even realize what you're saying?

You're arguing that I should out in my car right now and shoot someone because even though I KNOW what the law is, there is never any certainty until I go to court.

There is zero ambiguity about whether he is in the wrong over this situation. He had an open contract with a company which fucked up and sent him the wrong item. That, by definition, is a good faith error. Laws concerning unsolicited merchandise do not apply because there was an open contract for the delivery of a television.

The only ambiguity if this ever went to court is how much trouble would he be in. Likely, it wouldn't be much, but he could get hit with all sorts of awful things if there was a really vindictive DA or something.

As for "what the company should have done," I'd disagree. Look at it from their perspective -- they make a mistake, the buyer refuses to send it back and basically laughs at them. They have no reason to trust him at this point and you want them to ship him another tv before they've secured the one they own? No way. If he had been cooperative from the beginning, I could easily see that happening, but not once he was trying to steal from them.

Again, you're right about the moving it. The company needs to send someone to pick it up because they cannot charge him for their mistake (or make him drive to a USPS).

 

[BeauJangles]

Originally posted by: rrahman1
just curious: if company sent wrong tv and YOU had to ship it back (50 lbs), what happens if you drop the tv and they receive it with a broken LCD? are you responsible for the damages?

You never have to ship it back. It should never be in your hands. The company MUST pay for return shipping and must make all arraignments. If it breaks in transit, they file a complaint with the shipper, not you.

If they somehow convinced you to move it for them, I think you wouldn't be liable because they were breaking the law.

 

[GoPackGo]

Originally posted by: BeauJangles

Originally posted by: GoPackGo

Originally posted by: mortong

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Do you even realize what you're saying?

You're arguing that I should out in my car right now and shoot someone because even though I KNOW what the law is, there is never any certainty until I go to court.

There is zero ambiguity about whether he is in the wrong over this situation. He had an open contract with a company which fucked up and sent him the wrong item. That, by definition, is a good faith error. Laws concerning unsolicited merchandise do not apply because there was an open contract for the delivery of a television.

The only ambiguity if this ever went to court is how much trouble would he be in. Likely, it wouldn't be much, but he could get hit with all sorts of awful things if there was a really vindictive DA or something.

As for "what the company should have done," I'd disagree. Look at it from their perspective -- they make a mistake, the buyer refuses to send it back and basically laughs at them. They have no reason to trust him at this point and you want them to ship him another tv before they've secured the one they own? No way. If he had been cooperative from the beginning, I could easily see that happening, but not once he was trying to steal from them.

Again, you're right about the moving it. The company needs to send someone to pick it up because they cannot charge him for their mistake (or make him drive to a USPS).

Well, the jury did find OJ "Not Guilty"

Also, people break laws ALL THE TIME. DA's could have a field day with all the OLD laws on the books that are no longer socially relevent today...

Either way, I digress on that piece of it.

If the company were to call the police, the first step in reporting theft, I can tell you what would happen. The police would show and the OP would tell them that the company won't pay to pickup the TV. The police would then tell the company to send someone to pick it up and it would be back in their court.

A$$hats all around.

 

[Tweak155]

...
BUMP!

...
..



.

 

[zinfamous]

Originally posted by: GoPackGo

Originally posted by: mortong

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Ah, there really isn't any doubt over what the Law IS. It's printed in detail for every one to read. You're referring to what may happen in the case of trial or interpretation of law, which is legit.

In OP's case, however, there is very little doubt what will happen to him if he doesn't return the TV that he stole.

 

[Iron Woode]

Originally posted by: GoPackGo

Originally posted by: BeauJangles

Originally posted by: GoPackGo

Originally posted by: mortong

Originally posted by: GoPackGo
The OP is obliged to let them have the TV back.
The OP is NOT obliged to ship it back.

The company is obliged to come pick it up.

Now it does sound like he has been unreasonable, it also sounds like the company has been as well.

If the company doesn't want to pay a courier to pick up the TV, then it should be his.

I am curious where the law stands now that they have given him a refund. Was it complete or just for merchandise?

Have you even read any posts in this thread?

I have, and alot of people have opinions that they KNOW what the law is...well unless the courts get involved, there is never a certainty. Its called Due Process.

He is not entitled to the TV unless the retailer refuses to send someone to pick it up. Their mistake doesn't obligate him to haul it anywhere, especially if he doesn't have the means.

What the company SHOULD have done is sent the correct TV Next Day air and picked up the other one at the same time.

Do you even realize what you're saying?

You're arguing that I should out in my car right now and shoot someone because even though I KNOW what the law is, there is never any certainty until I go to court.

There is zero ambiguity about whether he is in the wrong over this situation. He had an open contract with a company which fucked up and sent him the wrong item. That, by definition, is a good faith error. Laws concerning unsolicited merchandise do not apply because there was an open contract for the delivery of a television.

The only ambiguity if this ever went to court is how much trouble would he be in. Likely, it wouldn't be much, but he could get hit with all sorts of awful things if there was a really vindictive DA or something.

As for "what the company should have done," I'd disagree. Look at it from their perspective -- they make a mistake, the buyer refuses to send it back and basically laughs at them. They have no reason to trust him at this point and you want them to ship him another tv before they've secured the one they own? No way. If he had been cooperative from the beginning, I could easily see that happening, but not once he was trying to steal from them.

Again, you're right about the moving it. The company needs to send someone to pick it up because they cannot charge him for their mistake (or make him drive to a USPS).

Well, the jury did find OJ "Not Guilty"

Also, people break laws ALL THE TIME. DA's could have a field day with all the OLD laws on the books that are no longer socially relevent today...

Either way, I digress on that piece of it.

If the company were to call the police, the first step in reporting theft, I can tell you what would happen. The police would show and the OP would tell them that the company won't pay to pickup the TV. The police would then tell the company to send someone to pick it up and it would be back in their court.

A$$hats all around.

for the love of God, stop posting.

 

[dlx22]

for the love of God, stop posting.

i thought this thread my actually take over the neffing thread for a while...but it has slowed down a lot

shows you how strong of a reaction people had to the topic though which was interesting