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

[smack Down]

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

 

[BeauJangles]

Originally posted by: smack Down


Wow you fail at reading see the text after (i) to be guilty of the described crime the person has to have committed one of the 3 acts outlined.

Last time I checked, accepting a TV consistutes "willfully... tak[ing] possesion of the goods..."

AND that's not CA law, that's VA law. We've already figured out that what he did is illegal in CA (and would be illegal in VA too).

 

[zinfamous]

Originally posted by: looker001

Originally posted by: BeauJangles

Originally posted by: zinfamous

Originally posted by: BeauJangles
It's too bad, California's state criminal code website is down until December 1st. However, it is highly likely to mirror what I cited from VA, which would make what he's done illegal (grand larceny to be exact).

edit: Just because he didn't physically steal the television doesn't mean he didn't commit a crime. He was aware of the fact that he had not paid in full for the goods he received and, much like receipt of stolen property, he can be charged with grand larceny in this case.

well, I'll go ahead and link this for the new batch of idiots that have arrived. (not you Mr Fried Chicken man ) Here is Boomer's post a few pages back.

Holy Hell! I clicked a page over to find it! It took me 2 seconds!!!!!

Originally posted by: BoomerD
The OP's profile shows him in Kahleeforneeya.

The Kahleeforneeya Department of Consumer Affairs sez:

http://www.dca.ca.gov/publications/mail.shtml

"It is illegal for a business to try to sell you something by sending you merchandise that you have not ordered or consented to receive. A business cannot send you unordered merchandise unless the merchandise is:

a free sample which is clearly and conspicuously marked as such, or
mailed by a charitable organization that is soliciting contribution and is marked as a gift.
If a business sends you something in the mail that you did not order or consent to receive, and has done so with the intention of selling it or another product or service to you, you have no obligation to either return the unordered item or pay for it. It is illegal for a company that sends unordered merchandise to follow the mailing with a bill or a demand for payment. (This rule does not apply where you have agreed with a business in advance to receive merchandise on a periodic basis, and it also does not apply to a good faith error on the part of the business that sent the merchandise.)"


Send it back. They appear to have bent over backwards to correct their error.
I'd probably try for some form of compensation, perhaps a percentage off the TV you ordered, for your "trouble," but otherwise, you are legally obligated to return the product.

Gracias senor,

This argument is pretty much over. The company made a good-faith error, he must return the TV.

End.

Of.

Story.

Please.

Fine, the company can come to his house and take the tv out. If they don't want to do that, op will keep tv.

so, now it's on you to go back and see how the OP handled this situation when THAT issue came about.

prepare to spend the rest of the day pounding your own sand regarding the obtuseness on display in your recent posts.

 

[Boo Boo]

man i hope you dont sell anything here. you sound like you'd steal from your parents and rip anyone off cause you think you can.

wait till you need to get an attorney and they refunded your money. get off your lazy ass and go buy a new tv then.

you sound so pathetic

 

[BeauJangles]

Originally posted by: smack Down

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

Wrong. There was a contract to receive a television. The company made a "good faith error" in sending the wrong television. Like Boomer posted, good faith errors do not constitute a lack of expressed consent for the goods.

 

[looker001]

Originally posted by: Boo Boo
man i hope you dont sell anything here. you sound like you'd steal from your parents and rip anyone off cause you think you can.

wait till you need to get an attorney and they refunded your money. get off your lazy ass and go buy a new tv then.

you sound so pathetic

from this thread, it appears that we have a lot of very very moral people that do everything by ethics code.

 

[Eeezee]

Originally posted by: herrjimbo
maybe so, but does the op want to go through a legal battle

If they're willing to bring him to court over it, then he can just send it back then.

Personally, so long as they pay for the shipping I'd just ship it back.

 

[Tweak155]

Originally posted by: smack Down

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

Wrong. He expressed consent when he opened the box and telling the company no when they asked for it back.

Also if he signed for it, that is also expressing consent.

 

[BeauJangles]

Originally posted by: looker001

Originally posted by: Boo Boo
man i hope you dont sell anything here. you sound like you'd steal from your parents and rip anyone off cause you think you can.

wait till you need to get an attorney and they refunded your money. get off your lazy ass and go buy a new tv then.

you sound so pathetic

from this thread, it appears that we have a lot of very very moral people that do everything by ethics code.

Nobody said anything about being a saint, but I'd hope to god that most people here wouldn't actually try and steal an $1800 TV.

 

[looker001]

Originally posted by: Tweak155

Originally posted by: smack Down

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

Wrong. He expressed consent when he opened the box and telling the company no when they asked for it back.

Also if he signed for it, that is also expressing consent.

So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

 

[smack Down]

Originally posted by: BeauJangles

Originally posted by: smack Down

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

Wrong. There was a contract to receive a television. The company made a "good faith error" in sending the wrong television. Like Boomer posted, good faith errors do not constitute a lack of expressed consent for the goods.

No where in the law does it make any exception to good faith errors? And what evidence do you have to concluded it was good faith error?

 

[BeauJangles]

Originally posted by: smack Down

No where in the law does it make any exception to good faith errors? And what evidence do you have to concluded it was good faith error?

http://www.dca.ca.gov/publications/mail.shtml

"It is illegal for a business to try to sell you something by sending you merchandise that you have not ordered or consented to receive. A business cannot send you unordered merchandise unless the merchandise is:

a free sample which is clearly and conspicuously marked as such, or
mailed by a charitable organization that is soliciting contribution and is marked as a gift.
If a business sends you something in the mail that you did not order or consent to receive, and has done so with the intention of selling it or another product or service to you, you have no obligation to either return the unordered item or pay for it. It is illegal for a company that sends unordered merchandise to follow the mailing with a bill or a demand for payment. (This rule does not apply where you have agreed with a business in advance to receive merchandise on a periodic basis, and it also does not apply to a good faith error on the part of the business that sent the merchandise.)"

And I can't believe you're stooping to argue that sending the wrong TV doesn't constitute a "good-faith error" on the part of the company.

 

[Eeezee]

Originally posted by: looker001

Originally posted by: Boo Boo
man i hope you dont sell anything here. you sound like you'd steal from your parents and rip anyone off cause you think you can.

wait till you need to get an attorney and they refunded your money. get off your lazy ass and go buy a new tv then.

you sound so pathetic

from this thread, it appears that we have a lot of very very moral people that do everything by ethics code.

There's a difference between being human and being a piece of shit. Lying every now and then, slipping up morally sometimes, these things are being human. Keeping an expensive TV after the company refunds you and asks for it back is being a piece of shit.

This is why people are given less jail time for stealing car stereos than for stealing cars. Both are stealing, but one is an order of magnitude more fucked up.

 

[Tweak155]

Originally posted by: looker001

Originally posted by: Tweak155

Originally posted by: smack Down

Originally posted by: rpkelly

Originally posted by: smack Down

Originally posted by: BeauJangles

Originally posted by: looker001

I am still not seeing how he got shipper company to steal tv for OP

If Dell shows up at my doorstep and delivers a pallet of computers, I'm entitled to keep them if I didn't order them. In this case, the OP did order something from this company, so the merchandise was NOT unsolicited -- unsolicited receipt being the only way he could legally keep it.

The merchandise he received was unsolicited. There is no argument otherwise. The only other view is that it was an honest mistake and therefor the company maintains some rights. I have no idea what law supports that claim.

There's plenty argument otherwise. Read the damn thread, moran

Right lots of idiots with no argument. Maybe you should try reading the law. It states "For the purposes of this section, ?un­ordered merchandise? means merchandise mailed without the prior expressed request or consent of the recipient. " There was no expressed consent to receive the merchandise that was shipped.

Wrong. He expressed consent when he opened the box and telling the company no when they asked for it back.

Also if he signed for it, that is also expressing consent.

So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

You are expressing consent to receive the item. Yes. I don't get why that is a hard concept? If you didn't want the item you wouldn't sign for it...

 

[Eeezee]

Originally posted by: smack Down
No where in the law does it make any exception to good faith errors? And what evidence do you have to concluded it was good faith error?

It was already brought up earlier in the thread that the law is very clear on good faith errors. By law, he must return the TV.

Page 18 even quotes a link to the CA law that applies to the OP's case.

They sent the wrong TV and offered to pay to have it shipped back. That's practically the definition of a good faith error. Furthermore, they even refunded the other TV! I don't see how this can get any more clear. For a good faith error (which this case clearly is), the OP must send the product back. That is the law.

 

[herrjimbo]

somebody pass the popcorn.

 

[Eeezee]

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

 

[looker001]

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

 

[BeauJangles]

Originally posted by: looker001

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

He ordered a TV from them. He has a pre-existing business relationship with them, they made the definition of a good-faith error in executing his order.

 

[herrjimbo]

Originally posted by: looker001

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

now you're just nitpicking. why don't you start your own thread about hypothetical situations?

 

[Tweak155]

Originally posted by: BeauJangles

Originally posted by: looker001

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

He ordered a TV from them. He has a pre-existing business relationship with them, they made the definition of a good-faith error in executing his order.

Regardless if he ordered it or not, he consented to take it. Who cares how it got there?

Knowing how it got there and why at this point gives him the opportunity to correct the situation. Had he no clue where it came from, I'd agree with you.

 

[looker001]

Originally posted by: herrjimbo

Originally posted by: looker001

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

now you're just nitpicking. why don't you start your own thread about hypothetical situations?

Yes i am. The fact is pretty simple, this type of things happens all the time and 99.9% of them do not get posted on anandtech. Most of such issue get resolved by company writting it off as bad debt expense and forget about it. It's to much hassle to try and get your money back and most people will not return the product back to the merchant.

 

[BeauJangles]

Originally posted by: looker001

Originally posted by: herrjimbo

Originally posted by: looker001

Originally posted by: Eeezee

Originally posted by: looker001
So when i get something sent to me in the mail that i didn't order and i sign and open it, i am given consent to that company?

I've bolded the important part. Have you ever read what you're signing? It explicitly states that you consent to receive the package by signing.

What part of "didn't order" didn't you understand?

now you're just nitpicking. why don't you start your own thread about hypothetical situations?

Yes i am. The fact is pretty simple, this type of things happens all the time and 99.9% of them do not get posted on anandtech. Most of such issue get resolved by company writting it off as bad debt expense and forget about it. It's to much hassle to try and get your money back and most people will not return the product back to the merchant.

You don't understand. He ordered a TV. He accepted the TV when it came. He is now legally liable to return the TV.

 

[smack Down]

Originally posted by: Eeezee

Originally posted by: smack Down
No where in the law does it make any exception to good faith errors? And what evidence do you have to concluded it was good faith error?

It was already brought up earlier in the thread that the law is very clear on good faith errors. By law, he must return the TV.

Page 18 even quotes a link to the CA law that applies to the OP's case.

They sent the wrong TV and offered to pay to have it shipped back. That's practically the definition of a good faith error. Furthermore, they even refunded the other TV! I don't see how this can get any more clear. For a good faith error (which this case clearly is), the OP must send the product back. That is the law.

First of all you didn't link to a law. Second CA law is irrelevant all that maters is federal law in this case.

 

[zinfamous]

Originally posted by: looker001

Originally posted by: Boo Boo
man i hope you dont sell anything here. you sound like you'd steal from your parents and rip anyone off cause you think you can.

wait till you need to get an attorney and they refunded your money. get off your lazy ass and go buy a new tv then.

you sound so pathetic

from this thread, it appears that we have a lot of very very moral people that do everything by ethics code.

and what is the problem with dealing ethically with others?