A 12" mistake from amazon

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March 22nd, 2019 at 3:49:30 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 918
Posts: 10809
A man from Freetown, Mass., Nick Memmo said that he originally bought and paid for a 74-inch flat-screen TV on Amazon, but when the 86-inch arrived, delivered by a third-party shipping company, he chose not to return the larger model.

He was arrested on Monday night for keeping the larger TV. Nick Memmo, 35, told the outlet what occurred at his home the night of his arrest: “They surrounded the house and knocked on the door with flashlights coming through all the windows. They told me to come outside then handcuffed me.” The police found it mounted on to his wall.

The applicable law is from FTC website.
Quote: FTC

What do you do when you receive merchandise that you didn’t order? According to the Federal Trade Commission, you don’t have to pay for it. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment.

Here are some questions and answers about dealing with unordered merchandise.

Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.

Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. Although you have no legal obligation to notify the seller, you may write the seller and offer to return the merchadise, provided the seller pays for shipping and handling.

Q. Is there any merchandise that may be sent legally without my consent?
A. Yes. You may receive samples that are clearly marked free, and merchandise from charitable organizations asking for contributions. You may keep such shipments as free gifts.

Q. Is there any way to protect myself from shippers of unordered merchandise?
A. When you participate in sweepstakes or order goods advertised as "free," "trial," or "unusually low priced," be cautious. Read all the fine print to determine if you are joining a "club," with regular purchasing or notification obligations.Keep a copy of the advertisement or catalog that led you to place the order, too. This may make it easier to contact the company if a problem arises.

Q. Where can I go for help in dealing with unordered merchandise problems?
A. Always start by trying to resolve your dispute with the company. If this doesn’t work, contact your state or local consumer protection office, local U.S. Postal Inspector, or the Better Business Bureau in your area for help. The Direct Marketing Association also may be able to help you.
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise
March 22nd, 2019 at 4:55:24 PM permalink
Evenbob
Member since: Oct 24, 2012
Threads: 128
Posts: 17592
Quote: Pacomartin
A man from Freetown, Mass., Nick Memmo said that he originally bought and paid for a 74-inch fl


Obviously there is more to this story
that we don't know about. The cops
and everybody else knows you get
to keep anything you get shipped
to you.

Edit: There were two TV's delivered
at the same time. He was contacted
by police and Amazon and apparently
lied to one or both. That's probably
what he was arrested for.

Edit. Now I'm reading he was arrested
for giving a fake name and obtaining
goods under false pretenses.
If you take a risk, you may lose. If you never take a risk, you will always lose.
March 22nd, 2019 at 5:48:33 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 918
Posts: 10809
Quote: Evenbob
Edit: There were two TV's delivered at the same time.


I misunderstood the article the first time. I thought he received a larger TV instead of the one he ordered which was 12" smaller. But you are correct, he did receive two large TV's instead of one.

I assumed he opened the TV and hung it on the wall, and at a later point realized it was the wrong one. Instead he remained silent when they delivered two TV's.
March 22nd, 2019 at 6:37:04 PM permalink
Evenbob
Member since: Oct 24, 2012
Threads: 128
Posts: 17592
Quote: Pacomartin
I misunderstood the article the first time. I thought he received a larger TV instead of the one he ordered which was 12" smaller. But you are correct, he did receive two large TV's instead of one..


I think what happened was, two different
names, same address. They're making
a big deal out of that he signed for the
one he didn't order when he knew it
was for a different person. He denies
signing anything, but I saw a scan
of his sig on the receipt. They'll get
him for fraud. 84" TV's sell in the
$1500-$2500 range..
If you take a risk, you may lose. If you never take a risk, you will always lose.
March 22nd, 2019 at 7:05:26 PM permalink
terapined
Member since: Aug 6, 2014
Threads: 44
Posts: 4760
Quote: Pacomartin
I misunderstood the article the first time. I thought he received a larger TV instead of the one he ordered which was 12" smaller. But you are correct, he did receive two large TV's instead of one.

I assumed he opened the TV and hung it on the wall, and at a later point realized it was the wrong one. Instead he remained silent when they delivered two TV's.

Oh. I voted, would have done the same thing.
If I got 2, I would notify amazon and try to talk them into letting keep the bigger one due to their screwup
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
March 22nd, 2019 at 10:37:50 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 918
Posts: 10809
Quote: terapined
Oh. I voted, would have done the same thing.
If I got 2, I would notify amazon and try to talk them into letting keep the bigger one due to their screwup


For considerably less valuable items, I have received a slight upgrade to the item that I ordered. I normally just assume that the company was out of stock and they gave me an upgrade. It's like reserving an economy car rental and being given a full size because the lot was out of economy cars.

But receiving the 74" TV I ordered with my name on it, and accepting an additional higher priced 84" TV with someone else's name on it is pushing the limits. As EvenBob pointed out, the low end 65" TV s are under $500, but TV's 84" and larger are frequently over $2000.