That USPS thing about unwanted items....

[Ms. Chevious]

I know on some of the threads about the dreaded Oxmoor House there has been mention of some USPS rule that if you are sent something you didn't order, it is considered a gift and you may keep it - does anyone have any proof of this, is it really true?

I'm arguing with a catalog company about them shipping me the wrong thing (which I paid to return to them anyway) - they are being difficult about it and I would just like to point out this code, if it really exists, and show them that I didn't HAVE to even return it, but I did - so they should be sending me my correct thing regardless. (They're saying they never got the return when I know they did.)

So, anyone got a link or something to that supposed rule?

[aggie94]

Here's a summary of the law at the USPS's website:

http://www.usps.com/websites/depart/inspect/merch.htm

The actual law itself can be found here:

http://caselaw.lp.findlaw.com/casecode/uscodes/39/parts/iv/chapters/30/sections/section_3009.html

I'm not sure if it would apply to merchandise from a company from which you actually placed an order, but which is not *exactly* the right product.

[Leisa M]

interesting.

[syzygy]

Did you get a receipt when you mailed the package back, or perhaps send the package "certified -- return receipt" (cheapest way to go and requires someone on receiving end to sign and you get a receipt back verifying they received it). If you have no proof in hand that you mailed it out, this may be a case of "he said, she said" :(

At the very least, you might try asking the Post Office to put a tracer on the package -- they might be able to find out what happened to it -- if it was received or not.

Good luck...

[Ms. Chevious]

Thanks for the links! I'm wondering if this part makes it apply to me:
(d) For the purposes of this section, ''unordered merchandise'' means merchandise mailed without the prior expressed request or consent of the recipient

I ordered several items from a company and they sent me a confirmation email and I immediately saw that one of the things was wrong - I then spent 3 days going back and forth with them, trying to alert them NOT to send that item, that is was incorrect and all I got were standard canned replies like "You can not change your order" or "This is what you ordered" - so they had plenty of time to correct the error (it didn't ship for several days) and didn't. So I sent the thing back with delivery confirmation and it was confirmed delivered and they are saying they didn't get it, won't send the right item, etc. Big pain but thanks for the info, it will help for sure if I need to go that route with them.

[linsleyd]

So, does this apply when Martha Stewart send me her holiday books every year that essentially, I don't have to pay for them?

Interesting, indeed.

[Molli526]

Goodness, I *almost* would like Oxmoor or Martha to send something now ;)