problem with unwanted merchandise sent to my house!!! please help out

[Racerstodeath]

What is the name of your state? houston, texas

in jan, i got SBC local telephone service and my first month's bill came up to be around like $86...i proceded to call them up and found out that two phones were sent to my apartment without my authorization and knowledge... since i am hardly ever at my apartment, the apartment office signed for it... i talked to one of the supervisor at sbc and i told them that i would not send the phones back unless they reimburst me the cost of actually going to the office and drive about 10-15 miles to the close UPS office...all i am asking is like $25-50 credit back to my account... but they refused stating that no matter what, even that i didn't signed for them, that i would be responsible for the $400 phones..the bill has now been turned to the collection agency and i am currently threnthing to go to small claims court to sue for administrative cost... at about $10-$15 per hour (i make $35 per hour or so)... so i basically need to know this.....

1.) is it really my responsibility to send the 2 phones back even if it were not authorized by me or signed by me

2.) if i am responsible, than couldn't any company with a customer's billing address can basically send them merchandise and if not sent back, charge them the full price? .... problem is like w/ junk mails... who reads them? say if they put a credit card in it w/out you know it ... and you throw it away... but somehow how someone used it... is it your fault?

3.) what is the possiblity for me to sucessfully sue them for admistrative cost over the course of this ordeal?? Currently I am looking at around the 3-5 hundred dollar range... w/out court cost and time....

4.) who can i complain to about the pratice of SBC to solicite phones over the mail? currently i am going to file complaints at BBB of Houston and at FCC... anyone else that i can complain to?

5.) was there any kind of criminal act that done by SBC by sending phones to me that weren't authorized and without my consent... basically i am thinking of "credit card" fraud... wouldn't it be the same as someone using your credit card to purchase a good and gave it to you? Is there any law that would prohibit SBC from actually doing something like this? or is it perfectly legal?

hehe... i guess thats gonna be it... i'll ask more if i think of anymore things to put... but thanks for reading and please take the time to answer my questions! hehe... if anyone wants to call me up just email me at [email]breaka504@netzero.net[/email] or im me at breaka101 (aim) or 174755909 (icq)... oh yeah... sorry bout spellings... kinda late at night now....again thank you! and help me screw SBC!!!

[Ladynred]

We're not going to help you screw anyone. I don't see where you have any case whatsoever to sue them. If you didn't order the phones, send them back ! If you use the USPS, you can send them in such a way as to make the receiver pay the postage (drawing a blank on the term right now.. lol).

As for UPS.. surely there's something like a Mail Boxes Etc. closer than 15 miles in HOUSTON !

You might also call the Postmaster in your area and ask about being sent merchandise you didn't order, there may be some angle for you there.

[crusheroz]

I had the same thing happen to me with Qwest. I was sent a phone I didn't order and thye wanted me to pay close to 200.00 for this phone. I filed a complaint with the AG here in Washington, and I got a full credit of the phone plus, I got to keep the phone. This falls under Unsolicited Merchandise. If you do not order it, you are not liable for it. There is alot of info about it, just do a google seach.

[Ladynred]

Unsolicited Merchandise... THAT"s the term I just couldn't remember this morning... not enough coffee yet.. LOL.

Unsolicited merchandise is also refered to as " If you receive something in the mail ,and didn't order it,it's yours to keep ".

[Racerstodeath]

heheh.... love google!

just did a search (Unsolicited Merchandise houston laws) and according to Houston Chronicle, ([url]http://www.chron.com/cs/CDA/story.hts/business/lipman/794661[/url]) i can keep the merchandise under BOTH Texas and Federal laws.... hehe... i guess no more small claims.. and hello EBAY!
I got two phones to sell email me if you are interested!!!!!hehehe.....

thanks peoples!!!

oh...yeah... As for you Erica (SBC's Representative) Screw you! ( For being bitchy about me getting stuck with the bill!)