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

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zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
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Originally posted by: LikeLinus
Originally posted by: Lifted
Originally posted by: moshquerade
Originally posted by: Lifted
Originally posted by: Slew Foot
Haha. They have your address and CC info, they can totally screw your credit over. Heck, they can even charge you for grand theft at this point, have fun trying to get a job/loan with a felony and a shit credit score.

Felony? They sent him a TV then refunded his money. They should be charged with felony stupidity.

No, they made a mistake and are trying to get their property back. I hope they call the police on the OP.

Yeah, the police are going to go to his house and steal his TV because some person called from some company and told them to. It's more likely the entire police department will be laughing their asses off that this person called them for this nonsense.

Are you 12? Seriously. It's called filing a police report. No one said the police are going to go steal his TV.

You're pretty fucking dense.

yeah:
Thanksgiving Break. The little ones have a lot of free time this weekend, hence their return to OT. ;)

Amazing some of the comments in this thread...
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
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Originally posted by: RIGorous1

OMG what's with the smear campaign... I must've struck a nerve with this guy or something...

Edit:

ROFLMAO I'm in his sig. What a proud day it is for me, if I'm that important.

Edit2: just noticed that I'm ironically above "people who hold grudges" LOL

The more I read on this thread the more I honestly believe the OP is a theif and a con man and lives at home with his parents and has no idea of what the real world is like!!
Did I mention that the OP is an even bigger douche bag???
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
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Originally posted by: Cattlegod
keep it. if the company is too retarded to send the right one, then they deserve to be out of business. this is the same as a bailout, rewarding bad behavior of a retarded company. keep the damned thing and tell the company to f off. They made the mistake, they should pay for it.

worst case, charge them 900 dollars if you decide to send it back. 3 hours of labor at 300 dollars an hour. wait for payment before you send the TV back.

or you could look at in the way that the OP represents the childish greed of all of the financiers that caused the crisis in the first place.

what's that you say? it's not the same mentality? :roll:

Basically, the people who are arguing that he should keep it and that he has every right to, fit the profile of someone willing to bet away millions in employee retirement for their own personal gain. (yes: the OP keeping or damaging the set, causing financial hassle for the company will raise costs on other consumers--that's how these things work, dipshits.)
 

zinfamous

No Lifer
Jul 12, 2006
111,857
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Originally posted by: ElFenix
Originally posted by: Xylitol
i'd like to say that you should return it, but the pain of repackaging and driving and all that crap is WAYYYY too much for me. It's definitely not worth it, so I would keep it
HOWEVER, I would ask the company first if you can get a large discount off of your new LCD

why do you think he has to take it anywhere. they're sending him prepaid shipping label. if he's smart he'll have the thing boxed up and ready to go so that when the UPS guy rings the bell to deliver the label he can slap it on the box and let the UPS guy cart it out to the truck.


and they already said no to a discount.

eh, they gave him an extremely reasonable discount: $1200; $600 off the current price. OP gave them an unreasonable offer of $810, claiming that it matches a current Black Friday deal at his local store (well, 90 dollars LESS than the BF ad)

OP is a simpleton and doesn't understand how bargaining works, thinks he's in the right, and that he's going to "Stick it to the man" by stealing their TV.
 

DayLaPaul

Platinum Member
Apr 6, 2001
2,072
0
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If you don't see anything morally wrong with it, go ahead and keep the TV, no one's going to be able to change your mind. Legally, I don't think there's much the company can do to you. Possession is 9/10 of the law.

However, if you do see a moral dilemma, there's nothing unethical about charging them a handling fee to return it. They get back their TV, so they're happy. You get cold hard cash, so that should make you happy.
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
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Originally posted by: smack Down
Originally posted by: rudeguy
Originally posted by: smack Down
Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

Why does it being shipped USPS matter?

http://www.usps.com/postalinspectors/fraud/merch.htm

he paid for a TV, they have a record of this. They sent him the wrong TV. This is hardly unsolicited material.
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
146
Originally posted by: smack Down
Originally posted by: rudeguy

It wasn't unsolicited.

Well gee now I'm convinced, you want to show a law saying it wasn't. I can show one that it was.
http://www.law.cornell.edu/uscode/39/3009.shtml

right. I'm gonna believe that the guy who still thinks the plane can't take off is an authority on interpreting such a law correctly. suuuuuuuure.

and yeah, you suck at interpreting that law. OP ordered a TV. also, as required in that law you posted, I doubt this was not on the box that he ripped to pieces:
All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
146
Originally posted by: newnameman
Originally posted by: QED
From United States v. Helms (http://www.armfor.uscourts.gov.../1996Term/96-1167.htm)

"The mistaken delivery of property to an individual who realizes the mistake and
simultaneously forms the intent to steal the property at the moment of receipt constitutes
larceny at common law. W. LaFave & A. Scott, 2 Substantive Criminal Law 8.2(g) at
342-43 (1986). Furthermore, where the individual does not realize the mistake at the
time of receipt but realizes it later and then forms the requisite intent, there is a larceny
as well."

That's a Miltary Court's opinion, but I doubt a civilian court would come to a substantially different one.

That case is totally irrelevant if we are dealing with the mailing of unordered merchandise. Though in Georgia at least, the OP would be required to send back the merchandise under the laws covering unjust enrichment:
It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding ?unjust enrichment? obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up.
http://www.georgia.gov/00/arti...39081_38193172,00.html

again, he ordered the merchandise. there's proof all over this thread of his intent to keep the improper merchandise. This wasn't some randomly-shipped TV.

They have it on record that he ordered a TV, he refused to go out of his way to return it--actually laughed at them on the phone, then they refund his original purchase.

....The evidence, as it would appear in court, is not in the OP's favor. He called asking about his mount that hadn't shipped--not to inform that they sent him the wrong TV.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
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Who cares if there are any laws on the subject???
Return the damn thing!! It is NOT yours!! sheese...lol
 

DaWhim

Lifer
Feb 3, 2003
12,985
1
81
it will come to if it is worth it for the seller to pursuit this in court. most don't....
 

alexjohnson16

Platinum Member
Dec 27, 2002
2,074
0
0
Request the company to send another box with shipping label and also to ensure proper pickup. Tell them the box is too damaged to ensure proper reshipping and if they continue to push the issue, tell them you will do it but will not be responsible for damages to the TV.

This is their error, but you have to send the TV back. While opening the box wasn't the best thing to do, it shouldn't matter in this case. I've received items in the improper box before and even though it could be assumed by the size of the box, you never know.
 

KK

Lifer
Jan 2, 2001
15,903
4
81
Originally posted by: moshquerade
i wonder if the OP will ever return to this thread. . .

I think the OP was fucking around with alot of people. I don't think he ever sincerely was going to keep it.
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: KK
Originally posted by: moshquerade
i wonder if the OP will ever return to this thread. . .

I think the OP was fucking around with alot of people. I don't think he ever sincerely was going to keep it.

What would give you that interpretation since he's shown no inclination to do the right thing?

 

KK

Lifer
Jan 2, 2001
15,903
4
81
Originally posted by: Capt Caveman
Originally posted by: KK
Originally posted by: moshquerade
i wonder if the OP will ever return to this thread. . .

I think the OP was fucking around with alot of people. I don't think he ever sincerely was going to keep it.

What would give you that interpretation since he's shown no inclination to do the right thing?

What would give me that interpretation? I dunno, I just couldn't see anyone keeping it. I like to imagine the good in people. :p Plus he never just came straight out and said he's hooking it up. If he was hell bent on keeping it, that fucker would be on the wall by now.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Originally posted by: RIGorous1

OMG what's with the smear campaign... I must've struck a nerve with this guy or something...

Edit:

ROFLMAO I'm in his sig. What a proud day it is for me, if I'm that important.

Edit2: just noticed that I'm ironically above "people who hold grudges" LOL

My sig is to remind me not to take things so seriously. I can get worked up pretty easy if I am not careful. I sent you a PM saying I was sorry for getting so worked up.

I still think it would be wrong in many ways to keep the TV. But in the end its your life. You have to make that decision and live with your choice. I really hope you do the right thing.
 

Cuda1447

Lifer
Jul 26, 2002
11,757
0
71
Wow, epic thread. I'd have to say (with my very uninformed opinion) it doesn't sound like the OP is under any obligation to return this tv, despite the fact that ethically he should. Yes, they can charge him. But he can also dispute the charges with his credit card company. He does have a legitimate complaint that he has no way of transporting the tv. If I were in the OP's shoes I would say "either arrange for pickup of this tv, or go fuck yourself". Its not his responsibility to inconvenience him because a company fucked up. Everyone is saying "look at it from another perspective". Well, a lot of times when companies do mess up they force the customer to go out of their way to get the situation fixed, if they even fix it. Now that they screwed up instead of them going out of their way they want him to go out of his way again? Pfft. He never asked to be refunded his money, they just did it. He was trying to get the situation resolved when they decided to play hard ball. I highly doubt whatever manager is handling this situation is smart enough to set his company up for a positive legal battle. Now that's not to say they won't win, but the cost of going to legal battle for the company will surely be more than the tv is worth. They may do it on principle alone and if thats the case it will be a bigger inconvenience for the OP, but thats a game of chicken right there.


At the end of the day the OP should send it back, but the company should arrange pickup and cover all shipping costs.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
111
www.slatebrookfarm.com
Originally posted by: newnameman
It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding ?unjust enrichment? obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up.
http://www.georgia.gov/00/arti...39081_38193172,00.html[/quote]

That's it! For the life of me, I couldn't remember that name last night when I saw this thread. OP and asshats in this thread telling the OP to keep it should do a bit of googling on unjust enrichment
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: smack Down
Originally posted by: rudeguy
Originally posted by: smack Down
Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

Why does it being shipped USPS matter?

http://www.usps.com/postalinspectors/fraud/merch.htm
Reading Comprehension takes it on the chin, yet again.

Don't you guys tire of having people tell you to slow down and check your work before turning it in?

Does it really help your point to ignore the true meaning of the word"unsolicited"?

 

olds

Elite Member
Mar 3, 2000
50,122
778
126
Originally posted by: DrPizza
Originally posted by: newnameman
It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding ?unjust enrichment? obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up.
http://www.georgia.gov/00/arti...39081_38193172,00.html

That's it! For the life of me, I couldn't remember that name last night when I saw this thread. OP and asshats in this thread telling the OP to keep it should do a bit of googling on unjust enrichment[/quote]

I'll help them out.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
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Originally posted by: between
what if I buy an ice cream for $2, eat it, then the store clerk says he really should have charged me $4 for that, and if I don't pay the extra $2 I will be taken to court? Such a system would be unworkable.

It's a shame there is no-one with the relevant legal knowledge posting in this thread, would be interesting to hear a definitive answer to the legality of keeping the tv

I say live dangerously, keep the tv, and see what happens.
Also, cancel your cc, so the store can't illegally charge your card for a product you never agreed to buy.

edit: assuming the OP does decide to send the thing back, what if it gets damaged or stolen on the way - is the OP supposed to pay for it?
Your example ignores several key portions of the transaction. First is the order, then is the mistaken delivery, then is the failure of the op to correct that error
Yes, if you are handed the wrong ice cream, it is incumbent on you to say"this is not what I ordered". Failure to do so, then refuse to compensate adequately or return the item , when informed of the error, is the point of contention.
At that point, you become a willing , active participant in unjust enrichment, or more simply, stealing.

 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: smack Down
Originally posted by: josh0099
All the company had to do was say hey we will agree to ship you a 32" via a courier service and set it up for you and they will pick up the 42" while they are there, in this instance the OP wouldn't of been inconvenienced in the slightest manor and both parities would win but the company played a little hard ball and the op did too so one will lose. Probably in this case the company since they shipped it USPS.

Oh, it was sent USPS then thank them for the gift and ask when the TV you ordered is going to show up.

You exhibit a great deal of ignorance as to the extent to which the USPS goes to investigate and prosecute Mail Fraud.
Postal Inspectors carry guns, have wide search and seziure regulations ( you agree to let them inspect anything when you use the Mail) and will come to your house and haul you off for stealing a TV in the manner of the OP .
Just mess with a a big customer of the USPS and find out. They protect their customers. That would be all of us. Report Mail Fraud

 
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