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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHe Ordered One TV, Got Two. Now He's Under Arrest - refused to return extra TV
He Ordered One TV, Got Two. Now He's Under Arrest
Police say Nicholas Memmo refused to return extra television shipped to him
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"They surrounded the house and knocked on the door with flash lights coming through all the windows. They told me to come outside then handcuffed me," said Memmo.
Memmo admits it was delivered to his home by mistake and he admits police tried to question him about it several days before his arrest.
"I answered what questions I could without putting myself in jeopardy," he said.
"I said 'Do I need to hire an attorney?' and they said I wasn't under investigation at that point. They were just asking questions. I answered a lot of questions with I dont know just so I didnt jeopardize myself," he said.
Memmo says he bought and paid for this 74-inch flat screen on Amazon.
When a third party shipping company delivered it, they also gave him a larger model TV by mistake.
When asked if he ever thought they made a mistake, and whether he should return it, Memmo said: "I did and I looked into all the laws and said, 'You know, its a scratch ticket. Sometimes you win, sometimes you lose.'"
https://www.boston25news.com/news/freetown-man-arrested-for-keeping-tv-sent-to-him-by-mistake/932527925
PTWB
(4,131 posts)There isnt a finders keepers exception. If you take possession of property that is lost or delivered by mistake, that can be a theft.
Drahthaardogs
(6,843 posts)If they ship you extra stuff, by law in most places it's yours.
PTWB
(4,131 posts)Most states have a law against exactly that. Here is an example from NJ:
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-20-6/
2C:20-6. Theft of property lost, mislaid, or delivered by mistake
A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.
Drahthaardogs
(6,843 posts)Federal Law prohibits this. It's called bamboozled, and can be a scam. Technically, I think it's his TV.
See the FTC...
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise
PTWB
(4,131 posts)The FTC is federal and the regulation clearly is aimed st unsolicited merchandise being sent to a consumer who is then billed.
This guy ordered a TV, accidentally got sent two, then refused to return the second TV knowing that it didnt belong to him. It is against the law in his state to keep that merchandise and he has been arrested for violating that law. The law there is very clear.
Drahthaardogs
(6,843 posts)I think it's his.
One more from NJ.
The law is simple, he gets to keep it.
https://www.google.com/amp/s/www.nj.com/business/2016/12/bamboozled_if_a_retailer_sends_you_stuff_by_mistak.html%3foutputType=amp
PTWB
(4,131 posts)Even after the state has arrested you for what appears to be a clear violation of state law?
Drahthaardogs
(6,843 posts)Period.
MineralMan
(146,338 posts)He knew he didn't buy the larger TV. I'd have contacted the company that sent it and told them there had been a mistake. The guy got the TV he ordered. The more expensive one got shipped by mistake. That doesn't mean he gets to keep it for pete's sake. An honest person would try to correct the mistake as soon as possible. A MAGAT wouldn't. And that's the difference.
gibraltar72
(7,513 posts)in the dawn of computers Coleco made something called the Adam. It was sold through Montgomery Ward where my wife worked. I ordered one as a word processor. It came with a daisy wheel printer. That seemed to be the weak link. Anyhow the printer failed Coleco sent a whole new unit and I shipped the other one back. About two weeks later another new unit showed up. I called them and told them they said return it which I did. That scenario played out a couple more times. Eventually I gave up. I ended up with two brand new units in box. Plus the one I was using. Next time printer failed I opened one and used printer threw the rest away. I had a new unit in box for years and finally sold it on Ebay to a collector a few years ago.
Princess Turandot
(4,787 posts)What do you do when you receive merchandise that you didnt order? According to the Federal Trade Commission, you dont have to pay for it. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment.
Here are some questions and answers about dealing with unordered merchandise.
Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didnt order, you have a legal right to keep it as a free gift.
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NYS law also allows one to treat such an item as unconditional gift.
They're actually more concerned about such shipments being used as a scam to collect money from the hapless recipient
TeamPooka
(24,262 posts)marybourg
(12,639 posts)who send unordered merchandise hoping youll pay for it, sometines with threats of prosecution by the sender. This is not that situation. Law inapplicable.
kcr
(15,320 posts)But it does not have to be an intentional scam for the law to apply. If a company sends you goods addressed to you in your name, they are yours to keep, even if the company made a mistake. They have to be addressed to you. If they were intended for someone else and were mistakenly sent to you, that's a different story.
Drahthaardogs
(6,843 posts)And that's now his TV!
Vinca
(50,318 posts)he'd be okay. Sorry, buddy. You're a peon so you're screwed.
Drahthaardogs
(6,843 posts)But does merchandise