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Merchandise
Through the Mail - Your Rights
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.
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.
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 feel you've been victimized in a mail fraud
scheme that in any way involves the U.S. Mail, submit a
Mail Fraud Complaint Form
to the U.S. Postal Inspection Service.
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To contact Central Texas Crime Prevention Association |
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Email Addresses are listed on the Board of Directors Page |
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