I think I received an unsolicited merchandise. Do I get to keep this item?

[GiselleFromHell]

I am in California.

So this is what happened: My boyfriend ordered an iPad from a company that is not Apple, and he is to pay it off in installments. He had the transaction under his name, and he had it sent to me at my work. I received the iPad 6 days ago, and there was a paper inside the box saying that it was a gift. Then yesterday, I received another iPad in the mail from the same company without any papers inside. I know it's from the same company because their logo was on the box.

Yesterday, I looked up websites to see what I should do. My boyfriend called the company and they said that they would call him back, but they didn't. I found this on the internet United States Code: Title 39,3009. Mailing of unordered merchandise | LII / Legal Information Institute and I was wondering if this means we get to keep it if we wanted to. Thanks for your time, hope you can help!

 

[Zigner]

I am in California.

So this is what happened: My boyfriend ordered an iPad from a company that is not Apple, and he is to pay it off in installments. He had the transaction under his name, and he had it sent to me at my work. I received the iPad 6 days ago, and there was a paper inside the box saying that it was a gift. Then yesterday, I received another iPad in the mail from the same company without any papers inside. I know it's from the same company because their logo was on the box.

Yesterday, I looked up websites to see what I should do. My boyfriend called the company and they said that they would call him back, but they didn't. I found this on the internet United States Code: Title 39,3009. Mailing of unordered merchandise | LII / Legal Information Institute and I was wondering if this means we get to keep it if we wanted to. Thanks for your time, hope you can help!

It's not yours to keep.

 

[GiselleFromHell]

It's not yours to keep.

Care to explain why? I know I asked for your opinion, I just wanted to know how you came to that conclusion given the information that I gave you.

 

[Zigner]

Your boyfriend needs to return it. You don't get to benefit from a clerical error.

 

[justalayman]

the fact is, this is ordered merchandise and not due to an unsolicited action. They make a mistake and sent two for some reason. Have your BF keep an eye on his billing. It will probably end up with 2 Ipads on his account.

 

[GiselleFromHell]

Your boyfriend needs to return it. You don't get to benefit from a clerical error.

Who said anything about a clerical error? For all you and I know, they sent it with the purpose of charging us for it in the future. Which is illegal, by the way. We contacted them, and they never said that it was an error. They just said that they'll get back to us which they didn't.

I'll just copy and paste the code on unsolicited merchandise:

Mailing of unordered merchandise
(a) Except for
(1) free samples clearly and conspicuously marked as such, and
(2) merchandise mailed by a charitable organization soliciting contributions, the mailing of un*ordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45 (a)(1) of title 15.
(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d) For the purposes of this section, “un*ordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.


I hope you were aware of this before you answered, because that would be a very uninformed answer coming from a senior member of this forum. Keep in mind, the first iPad was ordered, the second one was sent to me without them admitting that it was an error.

 

[justalayman]

the second one was sent to me without them admitting that it was an error.

yet.

the BF called, they said they would get back to you, they haven't. He just called them yesterday. Give them some time to research the problem.

 

[tranquility]

Two things. First, the merchandise was ordered, there was simply a mistake. The others have told you this and there is support for this if you really want to look.

Second, did they "mail" the item to you?

Info edit:
For example, if you go to:

http://www.dca.ca.gov/publications/prizes.shtml

If you receive unsolicited merchandise, it is probably a good idea to send a letter to the business informing it that "under California Civil Code section 1584.5, an unsolicited item is treated as a gift" and that you are not required to pay for it. (This rule does not apply where you have agreed with a business in advance to receive merchandise on a periodic basis, and it also does not apply to a good faith error on the part of the business.)

You will find a similar provision in the federal law. (If in fact it was "mailed".)