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TheFreeOne
Oct 17, 2008, 04:52 PM
I received a package from Fed-Ex. It has my name on it and my address, but the contents are not mine. Can I keep it?

I Have looked this up online and I came to the conclusion, that I can keep it and consider it a gift legally. Is this true?

twinkiedooter
Oct 17, 2008, 04:57 PM
What was in this package?

TheFreeOne
Oct 17, 2008, 05:14 PM
A Gaming Laptop.

Fr_Chuck
Oct 17, 2008, 05:44 PM
Too many maybes was it ordered by using stolen credit card of someone else, ( hope not a friend ofyours) and the police will be at the door soon asking where this item is.

Was there a bill with this ?

Sorry but expenisve items just don't get mailed to you by that big mistake very often. Have you contacted the sender and asked them about it.

rockinmommy
Oct 17, 2008, 05:54 PM
No offense, but do you not have a conscience that would nag at you every time you looked at the thing - much less used it?

What was that story, "The Tell Tale Heart"? Edgar Allen Poe I think...

TheFreeOne
Oct 17, 2008, 06:40 PM
The Item is not stolen. It is from a computer company.

I bought a new Gaming comp. I got it a month after ordering, and it had hardware failure 30 min out of the box! I spent hours troubleshooting the issue with the company. :mad: Long story shorter: #1 Off for repairs- harware failure #2 Off for repairs- The same harware failure :confused: #3 Last time!! Different harware failure, but it's a failure! I told them the third time to keep the comp. But, according to TERMS AND CONDITIONS I could not return the comp. "You have to return the comp. within 30 days to get full refund. I had it in possesion for 9 days total, The other half were in for repairs."So after arguing on the phone with three different people, They said they could restart my order for a new comp. I could return this one for a 300 dollar restock fee. I wanted to cancel everything considering all I went through for a nice Gaming Computer. "Three repairs in less than 1 month is rediculous."

When my computer was in transit, I received an updated e-mail. It said the company shipped me a package. I thought this was weird so I told them, My case worker said it was probably a computer error. I had him look into it and he came back with nothing. "ghost package" :eek: Four days later I received a comp and it's not mine. " I've had it for 2 weeks :D. And today the company called asking questions. What are my rights? I heard if it has your name and correct address, it's yours regardless.




"VOTE OBAMA";)

rockinmommy
Oct 17, 2008, 06:56 PM
Ok, well that makes much more sense and I feel much better.

Well, are you sure you haven't been charged for the 2nd computer? Do they have your credit card info?

So did you ever send back the first, defective one? Or do you now have both units?

Sorry, I don't know the law on this. It's an interesting situation, though.

TheFreeOne
Oct 17, 2008, 07:13 PM
My computer has been returned, and the second comp they were making for me has been cancled. Yes they do have my CC#. But I have heard that they can not charge me for something I did not authorize. "Last I heard, gifts were free.":D I just want to know my rights.



"VOTE ABAMA"

Fr_Chuck
Oct 17, 2008, 07:24 PM
Well they may not are suppose to charge you, but read some of the posts here and people are charged every day like this.

So you need to keep a close eye on that credit card account.

But they may have decided at some level to give you a new one for all the trouble,
I had Kodak send me a new camera ( well it is on the way) because of repair issues with one I had sent back.

TheFreeOne
Oct 17, 2008, 07:35 PM
But they might want the computer back. I want to keep it because it was sent to me, and I went through the hoops with this company. I think it's karma biting them in the butt, and patting me on the back.


"VOTE ABAMA"

rockinmommy
Oct 17, 2008, 07:58 PM
Well, I can see your point, just keep in mind that "Karma" won't get you very far in court if they were ever to seek a judgement against you for the price of the computer. More likely they'd wind up charging your credit card for it, and since you have the merchandise I'm not sure you'd be successful in an attempt to get the CC company to reverse the charges.

But there may be some "free gifts delivered to your door" law that I'm unaware of.

twinkiedooter
Oct 18, 2008, 05:32 AM
I don't think that this gaming computer would fall under the "free gifts" category sent to you as you knew the company who sent this to you via all your problems. Be ready to either part with it or pay for it once the company makes up their mind what they'll do with you and the "free gift" as you put it.

excon
Oct 18, 2008, 07:59 AM
But I have heard that they can not charge me for something I did not authorize. Hello Free:

Don't get your law from the street. You'll wind up in the slam. What you "heard" isn't law - it's rumor.

excon

TheFreeOne
Oct 18, 2008, 09:19 AM
Thank-you all. I'll be returning the computer, not worth court and possible jail.

smearcase
Oct 18, 2008, 09:45 AM
Are you certain this was not a misunderstanding in phone conversations? They may have a tape of phone calls if that is legal in states involved.
The FTC recommends sending a certified letter to the company that sent the merchandise notifying them that you received unordered merchandise and that you intend to keep it, for free. This is not required under the law but they say it may avoid billing nightmares.
The law is intended to prevent scammers from sending items to citizens randomly, and trying to force them to pay for something they had no intention of buying.
I would be cautious if there is a history of transacting business with this company. You can check your credit card online to see if they have placed any charges to it.
It reminds me of the Do Not Call Law. A merchant can't call you randomly. But if they have been doing ongoing business with you, they can.
The unordered merchandise rules have been discussed frequently in my area because the power company sent cfl light bulbs to their customers to encourage them to use energy saving bulbs. They didn't tell the folks that they were charged for the bulbs in a misc. lump sum section on their bills. When that became known, the power company was deluged with outrage from the legislature, customers and the public service commission. The power company had to deduct the charge from all bills, eat the cost of the program (millions), and the customers were advised by all the agencies involved, to keep the bulbs.