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  1. #1
    Join Date
    Jul 2010
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    Default I Paid for One Television but End Up Receiving Two, What Should I Do

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

    Please help me!!! Here is the story, I Bought ONE Television From a big online retailer called "Fry's Electronics" and Paid about $1080 for it. When the shipping truck came I received TWO Televisions, but only paid for ONE. About 5-6 weeks later Fry's tried to contact me as to seems to be trying to repossess the second TV Im guessing, I never talked to the rep long enough to be sure about what he wants but Im guessing they are trying to repossess the TV. A few days later after that, they called my phone every 2 hours and trying to harrass me saying if you dont corporate with us we will call the sheriff.

    I did some research and here is what I found,

    "Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. Goods received due to a bonafide mistake are to be returned, but the burden of proof of the error shall be upon the sender. If such unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender. Provided, however, the provisions of this act shall not apply to goods substituted for goods ordered or solicited by the recipient.



    and also what the federal trade commission says please check out these links,


    http://www.ftc.gov/bcp/edu/pubs/cons...cts/pro15.shtm

    http://www.statutes.legis.state.tx.u...htm/BC.602.htm



    here is some questions I have,

    1. DO I have or DO I NOT have, legal rights to keep this second TV as what they called "FREE GIFT".
    2. Does Fry's have a legal right to call the sheriff on me or is it just a "empty threat" ?? Will the sheriff come to my home and search my place and take the TV back, and will they ARREST me??? If they knock on my door and If i do not answer do they have a right to destory and break in my house???
    3. What will they do to me If I already SOLD the TV's and I no longer have them??? If I no longer have the TV will the sheriff force responsibility a different way from me???
    4. Do they have the right to and do you think they will CHARGE my debit card for the second TV????
    5. What should I do about this entire situation???

    Help and advice would be greatly appreicated!!!!!!

  2. #2
    Join Date
    Apr 2009
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    This is important:


    Goods received due to a bonafide mistake are to be returned, but the burden of proof of the error shall be upon the sender.
    I doubt the vendor will have ANY problem proving that you only paid for one TV yet received two....

    Seriously - if you've sold the TVs, you need to pay the vendor for both sets.

    If you haven't, you need to return the second set unless you want to be sued.

  3. #3
    Join Date
    Sep 2005
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    The "unsolicited goods" rule would kick in if, having no prior contact with you, they shipped a television to you and demanded that you pay for it. You did not receive unsolicited goods. You received an accidental double-shipment of an item you purchased. Further, the FTC's rule applies to matter sent by mail. See 39 USC Sec. 3009. I doubt the television came to you via USPS.

    If they were to charge your credit card for the second TV, I expect you would be able to successfully dispute the charge with your credit card company. That said, they may be able to convince a prosecutor to authorize criminal charges (such as for 'larceny by conversion') and could choose to pursue the matter in civil court.

    What should you do, morally, legally and ethically? Let them pick up their television. Did you even read the article you linked?
    Quote Quoting What should I do if the unordered merchandise I received was the result of an honest shipping error?
    Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
    Or the statutes?
    Quote Quoting Texas Business & Commerce Code, Sec. 602.004. Mistaken Delivery.
    A person who receives unsolicited goods as the result of a bona fide mistake shall return the goods. The sender has the burden of proof as to the mistake.

  4. #4
    Join Date
    Jul 2007
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    Florida
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    Quote Quoting IHMJack
    View Post
    Please help me!!!

    Help you do what? Keep merchandise you didn't pay for? I never cease to be amazed at the lack of morals and ethics I see in people. You know you didn't pay for the TV, you know it was an honest mistake, and you are asking for our help on how to keep something dishonestly? I'm afraid you have to figure out how to be dishonest all by yourself.

    Let me give you an example of doing the right thing. My wife ordered a full set of fine silver tableware from Nordstrom. After a couple of days she had buyer's remorse so she returned to the store and asked if she could cancel the order. They processed a refund. Two weeks later the silverware was delivered. What was the right thing to do? Try to keep it, not having paid for it, or return it?

    Mistakes happen. When you make them you expect people to cut you some slack, don't you? Return the TV.

  5. #5
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    Mar 2009
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    Michigan
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    The only time I can see keeping merchandise is in this kind of situation:

    - Unordered.
    - Unsolicited.
    AND
    - You've never done business with the company.

    OR.

    Place I once worked for: Joe Customer would order products. The company would later send him a book that he never ordered or requested, with "Review for 10 days, then send back or buy".
    - Now, you're not expecting anything. You simply write "Refused, Return to Sender" on it and plop it into a mail box.
    - You call their customer service and tell them you want them to send you the Postage to return the item.
    (Because as I learned working briefly at one company - they will take you to court for a $22 book that you never ordered).

    Unreal how many angry letters I had to add to the pile while processing returns....

  6. #6
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    The intentional sending of an unsolicited book by mail, even with a prior customer relationship, would fall under the federal statute and FTC rule previously cited. Some publishers get around that by including a clause in the contract from the original sale that, unless the customer indicates otherwise, they will send updates (and possibly related products) from time to time for the customer's evaluation and possible purchase.

  7. #7
    Join Date
    Dec 2007
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    Quote Quoting Mr. Knowitall
    View Post
    The intentional sending of an unsolicited book by mail, even with a prior customer relationship, would fall under the federal statute and FTC rule previously cited. Some publishers get around that by including a clause in the contract from the original sale that, unless the customer indicates otherwise, they will send updates (and possibly related products) from time to time for the customer's evaluation and possible purchase.
    Like Easter Seals address labels vs. Columbia House.

    But I have to tell you, here's what I don't get. When they started unloading the second TV and starting bringing it into your house, why didn't you just refuse it at that time? Easy-peasy.

  8. #8
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    Quote Quoting IHMJack
    View Post


    3. What will they do to me If I already SOLD the TV's and I no longer have them??? If I no longer have the TV will the sheriff force responsibility a different way from me???
    If such is the case then you will most likely face a theft by conversion charge, transfer of stolen property.....and the buyer could be looking at receiving/possession of stolen property, etc......most likely, but depending on the value, all felonies!

    Quote Quoting IHMJack
    View Post
    4. Do they have the right to and do you think they will CHARGE my debit card for the second TV????
    Not without your permission, which they'll ask for. Then they'll go with criminal charges if/when you refuse.

    Quote Quoting IHMJack
    View Post
    5. What should I do about this entire situation???
    SIMPLE!!! Return the TV that you are not legally entitled to!!!

    {EDIT: minutes later!} OOPS! My bad! Did not see that this thread was almost 60 days old til after I posted my response.

    Drat!

  9. #9
    Join Date
    Mar 2009
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    Key West, FL
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    Default Re: I Paid for One Television but End Up Receiving Two, What Should I Do

    Souper, you are not.

    Besides the old thread, you simply do NOT know what you are talking about.

    This is a civil matter. Unless the guy committed some sort of provable fraud, it is only a civil matter.

    No sheriff or police department with any legal sense is going to step into that situation. It is a hollow threat. At best, the police might make a courtesy telephone call and urge the person to take care of the matter.

    If ANY payment is made in a transaction, it is a CIVIL matter.

    A merchant can't get a customer charged with a crime because the merchant is stupid.

    This is a legal forum, not a morality forum.

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