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So, uhm, Dell just sent me a second PS3 bundle...

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Originally posted by: waggy
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

i don't think that incluedes a mistake like this.

that is for when a company sends you something you did not order. and yes he did order the PS3 they just screwed up sending two.
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He didn't order it though. He ordered the first one but not the second. Ignorance on the companies side doesn't exempt them from the law that supernaruto posted.
 
Originally posted by: JRich
Originally posted by: waggy
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

i don't think that incluedes a mistake like this.

that is for when a company sends you something you did not order. and yes he did order the PS3 they just screwed up sending two.
Click to expand...

He didn't order two 😉 😛
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i really don't think it matters.


they made a mistake. i do not think the law would cover him in this. they had a error wich resulted in them sending two.

the law is intended to cover people when a company sends a item (not ordered or due to mistakes) to someone and then says pay me $5000 for the $5 item or we will sue and fvck your credit.

 
Here's the applicable law. Take it for what it's worth, it's under the Postal Service chapter so I don't know if it applies to private carriers. If it does, I still don't think it's 100% in your favor...sounds like the definition of 'unordered merchandise' may be up for interpretation.
TITLE 39. POSTAL SERVICE
PART IV. MAIL MATTER
CHAPTER 30. NONMAILABLE MATTER

39 USCS § 3009

§ 3009. Mailing of unordered merchandise

(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.

(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. 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.

(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.

(d) For the purposes of this section, "unordered merchandise" means merchandise mailed without the prior expressed request or consent of the recipient.
Click to expand...
 
Originally posted by: waggy
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

i don't think that incluedes a mistake like this.

that is for when a company sends you something you did not order. and yes he did order the PS3 they just screwed up sending two.
Click to expand...


I think it would. He didn't order a 2nd PS3 he ordered 1. And also that arrived 1.5 weeks after the 1st one did. To me I would consider the first transaction completed. The 2nd was a "gift" 🙂
 
its yours Had this happen to me with cingular sending a new set of phones when we already got them 2 weeks before they never called but my dad took the razor and the other phones were not good enough to sell. They never found out to this day about 1 year later,maybe they know who knows
 
Originally posted by: toekramp
that is karma gettin' even, keep it and the world will be balanced again
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lol, it's VERY funny that you bring karma up. I have a feeling a certain lady is going to be getting a fridge dropped on her front porch in the next few minutes...
 
Similar thing happened to me about a year ago with a mattress.
Back to back deliveries. I gave one to my in-laws.

Never was charged for it and never was asked if I received two.
And if you didn't have to sign for it, they have no way of proving that you have it/accepted it.
 
Keep it - doesn't anybody remember the Dell projector thing that a guy here had a year ago or so? I think he ended up getting deployed to Iraq, so not sure how it ended.
 
Originally posted by: CptObvious
Here's the applicable law. Take it for what it's worth, it's under the Postal Service chapter so I don't know if it applies to private carriers. If it does, I still don't think it's 100% in your favor...sounds like the definition of 'unordered merchandise' may be up for interpretation.
TITLE 39. POSTAL SERVICE
PART IV. MAIL MATTER
CHAPTER 30. NONMAILABLE MATTER

39 USCS § 3009

§ 3009. Mailing of unordered merchandise

(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.

(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. 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.

(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.

(d) For the purposes of this section, "unordered merchandise" means merchandise mailed without the prior expressed request or consent of the recipient.
Click to expand...
Click to expand...

My understanding from listening to Clark Howard for years is that there is indeed a difference between USPS and private carriers. If they had shipped it USPS, you have no obligation; however since it came through a different carrier, Dell can charge you later and you'd end up having to fight it.

I doubt they will charge him, but the reality is he knows the right thing to do; whether he chooses to do it or not remains to be seen.
 
Originally posted by: SearchMaster
My understanding from listening to Clark Howard for years is that there is indeed a difference between USPS and private carriers.
Click to expand...

Exactly. Title 39 doesn't apply to private carriers, only the Postal Service. The only Postal Service allowed by law in the US is USPS.

 
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

that does not apply here.

that law only applies if the items were sent USPS, and ONLY if you did not have a prior order with them. This law is to protect you against the old scam where they sent you a gift in the mail and then later sent you an invoice for that gift.

Dell WILL notice. It may take them a few weeks, but they will catch up to you.
 
This reminds me of that thread when some guy got a free 3800+ CPU or something from ZipZoomFly I believe and when he called them, they said he could keep it.
 
Call them up and ask them what they want to do. I don't believe that they can charge you to ship it back to them if that is what they want you to do.
 
Originally posted by: MikeyIs4Dcats
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

that does not apply here.

that law only applies if the items were sent USPS, and ONLY if you did not have a prior order with them. This law is to protect you against the old scam where they sent you a gift in the mail and then later sent you an invoice for that gift.

Dell WILL notice. It may take them a few weeks, but they will catch up to you.
Click to expand...

Yeah but with no signature, how can they prove he took ownership of the PS3?

 
WOW...thats messed up. I'd call anyhow and report it, but..sadly they'll prolly want they back, thats a bit of money they're be losing out on. ^_^ Plus its xmas, it could be some poor kids gift so, even though its not entirely your fault, if you were to keep it, that kid may not get his xmas gift. =/
Up to you though man.
 
oh...i read this...

If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

If you decide to keep the merchandise, you may want to send the seller a letter stating your intention, even though you?re not legally obligated to do so. Your letter may discourage the seller from sending you repeated bills, or it may clear up an error. It?s a good idea to send the letter by certified mail and keep the return receipt and a copy of the letter. These records will help you establish later, if necessary, that you didn?t order the merchandise.

Two types of merchandise may be sent legally without your consent: free samples that are clearly marked as such; and merchandise mailed by charities asking for contributions. In either case, you may keep the shipments.
 
Originally posted by: Bumrush99
Originally posted by: MikeyIs4Dcats
Originally posted by: SuperNaruto
Unordered Merchandise
If you receive merchandise you didn?t order, federal law says you can consider it a gift. You can?t be forced to pay for the item or return it.

http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm
Click to expand...

that does not apply here.

that law only applies if the items were sent USPS, and ONLY if you did not have a prior order with them. This law is to protect you against the old scam where they sent you a gift in the mail and then later sent you an invoice for that gift.

Dell WILL notice. It may take them a few weeks, but they will catch up to you.
Click to expand...

Yeah but with no signature, how can they prove he took ownership of the PS3?
Click to expand...


shrug not sure. but does it really matter. if they ask for it back he should give it back.
 
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