Results 1 to 6 of 6
  1. #1
    Join Date
    Mar 2012
    Posts
    3

    Default Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    My question involves a consumer law issue in the State of: MA

    Hi,

    I recently ordered a coat from an online clothing retailer. The item did not fit, so I packed it up and shipped it back for a refund. Unfortunately, I inadvertently placed the wrong item -- a much more expensive coat belonging to my housemate -- in the return packaging.

    I realized this about a day later (after noting that coat I intended to return was still hanging in the coat closet!). I contacted the retailer, and they said they'd flag the item so it could be pulled aside when it arrived at their returns processing center.

    I followed up a few days later, then a couple weeks later, and I keep getting the run-around. Their latest response was to not get my hopes up.

    Since it was my mistake to mail the item to them, is their any legal obligation for them to return it? Does a person or company gain ownership of any item that is accidentally mailed to them?

    Thanks,
    Jacob

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,811

    Default Re: Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    You and the merchant are both in Massachusetts?

    I am not anticipating that you'll have an easy time proving a case against the merchant.

  3. #3
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    Quote Quoting Mr. Knowitall
    View Post
    You and the merchant are both in Massachusetts?

    I am not anticipating that you'll have an easy time proving a case against the merchant.
    No, sorry, I'm in MA and the online retailer is based out of NV.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,684

    Default Re: Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    They have no legal obligation to send it back, if they know where it is at. If you arrive at their door and demand it, they have an obligation to turn it over to you, if they know where it is.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,811

    Default Re: Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    Had they located the item upon its return, contacted you to tell you that they had it, then lost it, you might be able to build a claim that they violated their standard of care based upon the concept of a gratuitous bailment - that the didn't take ordinary care of the item. But as it stands I expect you'll have difficulty demonstrating that the particular item was in the box you returned or that, with their having received a box with the wrong contents, they can be held responsible for making what you would attempt to prove to be an inadequate effort to locate and safeguard the incorrectly returned coat. If this is a distribution center there's a good chance that all they did was tag the coat in accord with the return information you provided and send it back with hundreds or thousands of other items to the department (or client - if the shipping center services are outsourced, the vendor would be a different company) responsible for restoring returned items to inventory.

  6. #6
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Mailed Wrong Item in for Refund, Any Legal Right to Have It Returned to Me

    I see. Well that all makes sense. Thanks for your response.

    1. Sponsored Links
       

Similar Threads

  1. Online Services: I Received the Wrong Item and Returned, but Seller Filed a Wrong Police Report
    By Danny Wan in forum Consumer Law
    Replies: 4
    Last Post: 12-31-2010, 01:49 PM
  2. Retail Fraud / Shoplifting: Store Says I Returned Item on Receipt and Picked Up Item in Store
    By goodtogo123 in forum Criminal Charges
    Replies: 2
    Last Post: 05-26-2009, 08:49 PM
  3. Retail Fraud / Shoplifting: Returned Wrong Item - What Do I Do? What Can They Do?
    By rid in forum Criminal Charges
    Replies: 32
    Last Post: 02-13-2009, 04:36 PM
  4. Retail Fraud / Shoplifting: Returned A Different Item Than Was Purchased - How serious trouble am I in?
    By in_trouble17 in forum Criminal Charges
    Replies: 8
    Last Post: 02-09-2007, 12:52 PM
  5. Retail Fraud / Shoplifting: Purchased a New Item, But Returned an Older Broken Item
    By oruby83 in forum Criminal Charges
    Replies: 12
    Last Post: 12-12-2006, 04:42 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document