Unordered
Merchandise:
It Shouldn't Be Your Problem
Have you ever received something through the mail that you did not order? If you've ever found yourself in situations involving unordered merchandise, you may have wondered what to do and if you had any rights.
Fortunately, federal laws make it illegal for companies to mail unordered merchandise to consumers and then demand they pay for it. If you receive an item you did not order, in most cases you have a legal right to keep the shipment as a free gift.
While the law does not require it, it's a good idea to send the company a letter that says you plan to keep the shipment as a free gift. This letter may help the mistake, or it may encourage it from sending you more bills. You might want to send this letter by certified mail and keep the return receipt. Also keep a copy of the letter.
If you received unordered merchandise that appears to be the result of an honest shipping error, write the company and offer to return the merchandise if the company will pay for the postage and handling. Give the company 30 days to respond. Add that if the company does not act in the time period, you will keep the merchandise.
There are ways you can help avoid the problem of unordered merchandise. Be cautious when entering contests or ordering items advertised as "free," "trial," or "unusually low priced." Take the time to carefully read the advertisement.
Find out if you are joining a club with regular buying or notification rules. Before ordering from a mail order company, check out the company's reputation and return policies. Keep a detailed record of your phone order. If you order by mail, make a copy of the mail-order form. If you have a dispute with a company over unordered merchandise that you cannot resolve, contact your local U.S. Postal Inspector.
Courtesy of You and the Law, Oct./Nov. 1997, Nevada Trial Lawyers Association.