Legal Question in Consumer Law in Nebraska

I am responsible for unsolicited merchandise?

A DVD club sent me movie, that I did not order on a trial basis. I mistakenly threw the movie out after it arrived so I could not return it. Am I responsible for promotional items that I never ordered and did not want?


Asked on 3/16/08, 9:20 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: I am responsible for unsolicited merchandise?

No, you are not responsible for items received that you did not order. Most of the problems in this area are caused by when someone 'accidentally' orders something because they did not notice the small print or a checkbox that was checked when ordering online that authorized the seller to send you a product 'on trial'. In those cases, whether or not you may be liable depends on other facts. Even if you are not liable, this is not likely to keep them from sending you bills and turning the account over to a collection agency. You may need to hire an attorney to represent you.

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Answered on 3/16/08, 9:39 pm


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