FTC vrs. private carriers

[mucky]

Does the Federal Trade Commission's (FTC) "Mail or Telephone Order Merchandise Rule" apply to private companies such as FedEx or UPS?

For example, If I receive an item from an internet sales site that I didn't order via a private carrier, (I.E. FedEx,) can I regard it as a gift and legally keep the item?

If the FTC consumer protection rule is not applicable to private carriers, who do I contact and/or what is the rule in this case?

Regards,

Washington St.What is the name of your state (only U.S. law)?

 

[FlyingRon]

The rule covers goods regardless of out they are shipped. The "mail" in the title refers to how the order was placed rather than how it was shipped.

Further the clause you're grasping at is pretty clear:


Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like);

 

[mucky]

Vendor/shipper responsibility?

The rule covers goods regardless of out they are shipped. The "mail" in the title refers to how the order was placed rather than how it was shipped.

Further the clause you're grasping at is pretty clear:


Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like);

Flying Ron,
I question the Federal Trade Commission (FTC) “gift rule” being applicable because (in this case,) a private shipping company is involved. My chief concern: A vendor/shipper may not have to observe the federal "gift rule" when item(s) are erroneous shipped to a consumer using a private shipping company. In other words, the FTC may not have full juristiction over a vendor using a private shipping company.

Some questions in this case:

If a vendor uses a non-federal carrier to ship an item not ordered by a customer, can the vendor/sender still insist on the return of the item based upon proof of shipment (to the receiver)?

Can a vendor still legally charge for the article if not returned, even though it was not ordered?

If returned, is the receiver liable for some or all of the shipping charges?

If the receiver opens the box, is that accepting any liability? What if the non-ordered, unsolicited item received was damaged?

Easy to overlook the underlying details. I'd hate to see my card charged because I didn't return an item, even though the federal rule states it's considered a gift since I didn't order it. In this case, I received a duplicate item, ($499.00 retail) which is kind of an unintentional "two-for-one"

Quite frankly, I’d rather keep my integrity in check. However, if I may be subject to charges because I’m being honest, I’d rather keep the item and sell for a good cause. Obviously, I shouldn’t have to pay for a vendor’s mistake but I’m willing to help correct the situation without incurring any monetary hardship to myself.

 

[racer72]

Easy to overlook the underlying details. I'd hate to see my card charged because I didn't return an item, even though the federal rule states it's considered a gift since I didn't order it. In this case, I received a duplicate item, ($499.00 retail) which is kind of an unintentional "two-for-one"

You ordered it. You are trying to steal because of a shipping error. In order to invoke the FTC rule for unordered merchandise, you cannot have any kind of business relationship previously with the company. You fail this part big time. If you choose to keep the item, expect to be charged for it. The sender is obligated to pay for return shipping though if you return the item.

 

[FlyingRon]

Flying Ron,
I question the Federal Trade Commission (FTC) “gift rule” being applicable because (in this case,) a private shipping company is involved.

As I said, the FTC rule doesn't care how it was shipped.

I avoided much expressing my doubts (which is why I used the word GRASP), at whether you indeed had stuff that fits the "unordered = gift" provision.

My chief concern: A vendor/shipper may not have to observe the federal "gift rule" when item(s) are erroneous shipped to a consumer using a private shipping company. In other words, the FTC may not have full juristiction over a vendor using a private shipping company.

An erroneous shipment doesn't fall under it even if it's shipped USPS.

The FTC certainly does have authority over things shipped by common carriers or even private carriage (do you KNOW the difference?). The issue is that you ordered via mail or telephone (or now the internet), which brings it in to federal jurisdiction under the commerce clause.


You still not given any indication of what the exact case you're talking about. Perhaps if you explained the situation you're talking about rather than making unfounded misinterpretations of the laws, we might be able to help you.

However, if you order something and the company double ships it by accident. You ARE obliged to either return it or pay for it.