Legal Question in Consumer Law in Alabama

Receipt of Merchandise Not Ordered From Company

What legal obligations do I have toward a company which shipped merchandise to my home address without an order from me or my knowledge ( unsolicited ). Carrier left merchandise without my signature for merchandise. I have not opened or in any way used or benefited from merchandise. I have done business with company in past. Have written them twice with no response other than receiving their billing. Any legal obilgation to pay return postage? Thank you.


Asked on 3/09/02, 11:11 am

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Receipt of Merchandise Not Ordered From Company

If the package was sent to YOU unsolicited, I do not think you have any legal obligation. If it was sent to you by mistake, you would probably have to take care that it was not damaged while in your possession. I would mark the package "return to sender" and put it back in the mail if it was sent U.S. mail. If not, I would contact the company via telephone and discuss it with them and follow up your conversation with a letter to confirm it in writing (keep a copy for your records). In any event, you should not be responsible for postage - why should you incur any cost due to their error or ignorance?

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Answered on 3/09/02, 11:22 am


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