Unordered Merchandise with a twist question

[Usmc123]

I live in NYS. I ordered an item on eBay and paid through pay pal. I received the item from best buy and two from Verizon. I have contacted best buy and they said it looks like fraud and their investigators may contact me but said nothing about returning product or not to use it.

I called eBay and PayPal as well to report the issue since it doesn't look like drop shipping .

Verizon couldn't help me at all since I don't have account with them and they can't look up by order number apparently.

So my question is can I consider these items unordered merchandise? Best buy and Verizon never had my permission to send these items to me. It looks like seller is running a triangulation scam.

 

[LdiJ]

I live in NYS. I ordered an item on eBay and paid through pay pal. I received the item from best buy and two from Verizon. I have contacted best buy and they said it looks like fraud and their investigators may contact me but said nothing about returning product or not to use it.

I called eBay and PayPal as well to report the issue since it doesn't look like drop shipping .

Verizon couldn't help me at all since I don't have account with them and they can't look up by order number apparently.

So my question is can I consider these items unordered merchandise? Best buy and Verizon never had my permission to send these items to me. It looks like seller is running a triangulation scam.

I am confused. The only person that seems to have benefitted is you since you paid for one item and received three. If it was a phone it may be that you cannot use any of them. You certainly should not attempt to use more than one of them and should not attempt to sell or otherwise dispose of the others at this point.

 

[quincy]

I live in NYS. I ordered an item on eBay and paid through pay pal. I received the item from best buy and two from Verizon. I have contacted best buy and they said it looks like fraud and their investigators may contact me but said nothing about returning product or not to use it.

I called eBay and PayPal as well to report the issue since it doesn't look like drop shipping .

Verizon couldn't help me at all since I don't have account with them and they can't look up by order number apparently.

So my question is can I consider these items unordered merchandise? Best buy and Verizon never had my permission to send these items to me. It looks like seller is running a triangulation scam.

Here is a link to the FTC on Unordered Merchandise: http://www.consumer.ftc.gov/articles/0181-unordered-merchandise

This same issue was discussed in some length in another thread - I will see if I can locate it and provide a link to it. Essentially the law says that, if you receive merchandise you did not order, you can keep it.

 

[Usmc123]

I am familiar with FTC rule on unordered merchandise and while this does fit the definition not sure of its still applicable because I don't know if this was just a mistake or stolen credit cards used.

I have alerted all parties involved except seller. Best buy told me an account was opened in my name with similar email ( I already have a best buy account) similar cell number and I think they said my name was on billing info .

None of my cards were used, credit karma doesn't show any new accounts.

Best buy didn't tell me not to use one they sent or that I would have to return it but that their investigators may contact me.

As far as benefiting so far I have received 3 items, I looked up order numbers online with Verizon since their customer support couldn't allegedly and on each of the two orders it says there is a second shipment that has not shipped yet. Doesn't say where its going or what it is either.

I told Verizon I was trying to help them not ship items to people who didn't order them and they couldn't help or direct me to another department.

Is this unordered merchandise or how should I handle it? I have no way to know for sure what is going on but suspect triangulation scam where maybe they were hoping I ship extras back to eBay seller?

 

[quincy]

Here are links to two previous threads on this forum that addressed unordered merchandise, with each thread providing links to the applicable laws.

https://forum.freeadvice.com/online-purchases-sales-87/scammers-sent-us-product-we-didnt-order-609899.html

https://forum.freeadvice.com/online-purchases-sales-87/item-sent-worth-more-than-what-i-ordered-can-i-keep-610955.html

 

[Usmc123]

Thanks for the links, I guess my question comes down to worse case scenario...... Let's assume that the eBay seller used a stolen credit card to order and send the merchandise to me. I ordered 1 through the eBay seller. I received 3 from two different companies who I did not place an order with nor did I consent to receive said merchandise. I entered into no contract with them.

So clearly its unordered merchandise by definition but if in worse case scenario they were led to believe I ordered the merchandise or was suppose the receive it from them where does that leave me?

Who bites the bullet so to speak? Does the company have to take the loss and go after person who ordered from them? Would I be in possession of stolen property?

Those other links don't really address this situation I don't think.

 

[Usmc123]

Oh and these are phones either and probably not traceable but that shouldn't make a difference .

 

[Usmc123]

Excuse me.... These are NOT phones, sorry.

 

[quincy]

Thanks for the links, I guess my question comes down to worse case scenario...... Let's assume that the eBay seller used a stolen credit card to order and send the merchandise to me. I ordered 1 through the eBay seller. I received 3 from two different companies who I did not place an order with nor did I consent to receive said merchandise. I entered into no contract with them.

So clearly its unordered merchandise by definition but if in worse case scenario they were led to believe I ordered the merchandise or was suppose the receive it from them where does that leave me?

Who bites the bullet so to speak? Does the company have to take the loss and go after person who ordered from them? Would I be in possession of stolen property?

Those other links don't really address this situation I don't think.

You can report your receipt of unordered merchandise to your Attorney General and, if you are concerned about keeping the merchandise, you can turn the packages over to your local police. Not sure what they will do with them but this at least shows you were not trying to acquire merchandise illegally.

And, if you are REALLY concerned, you can consult with an attorney in your area - but, again, I am not sure what the attorney will tell you other than quote you the laws on unordered merchandise.

Edit to add: One additional thing you might want to do is post fraud alerts with the credit agencies, so cards will not be opened or credit will not be extended in your name without your knowledge or consent.

 

[Usmc123]

I actually need to activate my coverage...... My info was stolen with OPM hack and I think I have 3 years coverage because of it.

I appreciate your help and agree by definition my circumstances are clearly unordered merchandise just wasn't sure if there was something else I was missing.

 

[quincy]

I actually need to activate my coverage...... My info was stolen with OPM hack and I think I have 3 years coverage because of it.

I appreciate your help and agree by definition my circumstances are clearly unordered merchandise just wasn't sure if there was something else I was missing.

I am not seeing anything that you are missing but you could have everything personally reviewed if you are concerned. You might want to keep track of all you have done to date to address the matter, though, just in case this becomes necessary for some reason at some point in time.

Good luck.

 

[Usmc123]

I have all the packing slips still, a case id from best buy, and phone records at least showing I contacted all potential victims if this is a scam making them aware.

I appreciate you taking time to answer questions and so quickly. It's members like you that any forum are so lucky to have.

Thank you!

 

[quincy]

I have all the packing slips still, a case id from best buy, and phone records at least showing I contacted all potential victims if this is a scam making them aware.

I appreciate you taking time to answer questions and so quickly. It's members like you that any forum are so lucky to have.

Thank you!

You certainly appear to have done more than you are required to do, Usmc123.

Thanks for the thanks. Good luck.



Edit to add, because I sort of skipped over the OPM hack mention: If you were one of the OPM hack victims, you should be getting from OPM information on free ID-protection services for three years. This will be sent by the USPS (NOT email) so you can look for it in the mail, if you haven't received this information already.