How to Protect Yourself: Unordered Merchandise
Source: The Florida Attorney General's Office
What are your rights and obligations when you receive merchandise through the mail that you did not order?
You have a legal right to consider
it a free gift if a seller sends you any merchandise you
did not order.
You are not required to return it and may keep it if you wish.
You have no obligation to notify the seller that you will keep the merchandise, but sending a letter stating your intention to keep the shipment as a free gift is an advisable precaution, which will help you establish later, if necessary, that you did not order the merchandise. You may wish to send the letter by certified mail and keep the return receipt and a copy of the letter. If you ever receive a bill or a letter saying you owe money for unordered merchandise, you can use the same approach, stating in your letter to the company that you never ordered the merchandise, and therefore have a legal right to keep it for free.
If you believe that the unordered
merchandise is the result of an honest shipping error,
contact 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, perhaps 30 days, in which to pick up the merchandise or arrange to have it returned at no expense to you. Inform the seller that after the specified period of time, you reserve the right to keep the merchandise or to dispose of it as you wish.
Shippers may send merchandise to
you which you have not ordered if the merchandise is a
free sample and marked as such.
Address labels, decorative stamps and other merchandise mailed by charitable organizations asking for contributions may also legally be sent to you without your prior order. In either case, you may keep such shipments as free gifts.
Be especially cautious when you are
participating in sweepstakes, or ordering goods
advertised as "free," or "trial" or
at an unusually low price.
Read the fine print to determine if you will be required to make purchases in the future, or to notify the shipper that you do not wish to purchase the merchandise, or continue with the "trial" arrangement. Keep a record of each product you agree to receive on a "free" or "trial" basis, and what your obligations are by doing so.
If you are having difficulty
dealing with unordered merchandise problems, attempt to
resolve the problem with the company.
If you are unsuccessful, you my contact your local U.S. Postal Inspector, the Division of Consumer Services, Mayo Building, Tallahassee, Florida 32399-0800, 1-800-435-7352, the Better Business Bureau in your area, the Direct Marketing Association, 6 East 43rd Street, New York, New York 10017, or the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580.