Legal Question in Consumer Law in Pennsylvania

my liability for items mailed/not ordered

Recently I had a company double ship an order of fertility medications to me. These are paid out of pocket. My doctor only ordered what was in the first package.

What is my responsibility for other lot of meds? I did not order it, my doctor did not order that many meds, and it was not approved.

Do I have to return these or pay for them? The company has my credit card number from the legitimate order.


Asked on 8/11/07, 10:14 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: my liability for items mailed/not ordered

You asked about returning extra product that you did not order.

You do not need to pay for the extra shipment but you must offer to return the extra. It would be unlawful and unethical to simply keep the extra shipment. (And what are you going to do with extra fertility meds anyway?)

The company should pick up the tab for the return shipment. Or it may simply say that the shipment should be destroyed. (Remember, unused meds do not get flushed. They should be disposed of as hazardous materials.) If the extra shipment shows up on your CC bill then you should dispute the charge and demonstrate that you returned the unordered goods.

Regards,

Roger

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Answered on 8/11/07, 10:42 am

Re: my liability for items mailed/not ordered

THINK!

Those meds are expensive. If you don;t need them or can not use them, then you can not be charged for them, but if you end up needing them, should you get something for nothing? They may not be able to re-send out those drugs, so I suggest you call them IMMEDIATELY, tell them they sent 2 orders, that you will NOT pay for a double order, and tell them if they can still use the drugs, that they can send a return shipping label to you. If you CAN use them,perhaps they will just tell you to keep them, so you are not entitled to something for nothing, but it is always a treat when you do.

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Answered on 8/11/07, 12:41 pm


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