John Doe answered his door to a delivery person holding a large box of merchandise&mash;merchandise John hadn’t ordered. Inside were a set of car-repair tools and a bill for $100. John knew nothing about fixing cars, so he would never have ordered the set of tools. Fortunately, he didn’t pay for the tools, but he did take the time to take the box to the post office and paid for the postage to have it sent back to the merchant.
What John didn’t know was that he didn’t have to return the tools. He could have kept the tools, given them as a gift, or even donated them and got a tax deduction. Why?
The Unsolicited Goods Act of 1971 entitles a consumer to treat goods sent to him or her without prior consent as if they were his or her own as long as specified conditions are fulfilled. The Act also makes it a criminal offense for the merchant to demand payment for those goods. Certain conditions must be met by the merchant before the merchant can legitimately demand payment of a person or a company for unsolicited merchandise they sent to that person or business.
If merchandise you didn’t order shows up on your doorstep with your name on the label, the law says you can keep it as a gift. No one can force you to pay for the item or to return it. If you decide to keep the merchandise, you may want to send the merchant a letter to let them know you are keeping the gift, even though you’re not legally obligated to send a letter, to prevent the merchant from sending you repeated bills, or to help clear up the mistake. It would be wise to send the letter by certified mail and keep the return receipt and a copy of the letter to help you establish that you didn’t order the merchandise. Two types of merchandise may be sent legally without your consent: 1) free samples that are clearly marked, and 2) merchandise mailed by charities asking for contributions. In both cases, you may keep the shipments. These companies know you have the right to keep any merchandise they send without paying for it.
The Best Steps to Take When You Receive Merchandise You Didn’t Order
1. Although you have no legal obligation to notify the merchant, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the merchant from sending you bills, and it may help to clear up an honest error. Send your letter by certified mail, and keep the return receipt and a copy of the letter for your records. You may need it later.
2. If the unordered merchandise was the result of an honest shipping error, write the merchant and offer to return the merchandise, provided the merchant pays for postage and handling. Give the merchant a specific and reasonable amount of time (say 30 days) to pick up the merchandise or to arrange to have it returned at no expense to you. Tell the merchant that you reserve the right to keep the merchandise if the merchant has not had the merchandise picked up or made arrangements to have it shipped before the specified time has passed.
3. When you participate in sweepstakes or order goods advertised as “free,” “trial,” or “unusually low priced,” be cautious. Read all the fine print to determine if you are joining a “club” with regular purchasing or notification obligations. Keep a copy of the advertisement or catalog that led you to place the order. This may make it easier to contact the company if a problem arises.
4. For help in dealing with unordered merchandise problems, always start by trying to resolve your dispute with the company. If this doesn’t work, contact your state or local consumer protection office, local U.S. Postal Inspector, or the Better Business Bureau in your area for help. The Direct Marketing Association, 6 East 43rd Street, New York, New York 10017, also may be able to help you.