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Demovictory9

(32,480 posts)
Sun Mar 24, 2019, 03:37 PM Mar 2019

He 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 don’t know just so I didn’t 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, it’s 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

17 replies = new reply since forum marked as read
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PTWB

(4,131 posts)
1. Pretty sure that is a crime in almost any jurisdiction ...
Sun Mar 24, 2019, 03:38 PM
Mar 2019

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)
4. Pretty sure by law, THAT'S now his TV.
Sun Mar 24, 2019, 03:50 PM
Mar 2019

If they ship you extra stuff, by law in most places it's yours.

 

PTWB

(4,131 posts)
6. I don't think so.
Sun Mar 24, 2019, 03:57 PM
Mar 2019

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)
10. That's not the same as Best Buy shipping you two laptops
Sun Mar 24, 2019, 04:12 PM
Mar 2019

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)
13. I don't think your FTC regulation applies
Sun Mar 24, 2019, 04:32 PM
Mar 2019

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 didn’t 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.

 

PTWB

(4,131 posts)
15. Do you really want to put your faith in a tentatively applicable federal regulation?
Sun Mar 24, 2019, 04:38 PM
Mar 2019

Even after the state has arrested you for what appears to be a clear violation of state law?

MineralMan

(146,338 posts)
2. Where's his MAGA hat?
Sun Mar 24, 2019, 03:41 PM
Mar 2019

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)
3. Many years ago
Sun Mar 24, 2019, 03:49 PM
Mar 2019

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)
5. Per the FTC, you may treat such items as a free gift, if you so choose..
Sun Mar 24, 2019, 03:55 PM
Mar 2019
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

What do you do when you receive merchandise that you didn’t order? According to the Federal Trade Commission, you don’t 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 didn’t order, you have a legal right to keep it as a free gift.
...


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

marybourg

(12,639 posts)
9. That laws applies to a scam perpetuated by a sender
Sun Mar 24, 2019, 04:11 PM
Mar 2019

who send unordered merchandise hoping you’ll pay for it, sometines with threats of prosecution by the sender. This is not that situation. Law inapplicable.

kcr

(15,320 posts)
17. Wrong. It's true that scams are the reason for the law
Sun Mar 24, 2019, 04:40 PM
Mar 2019

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.

Vinca

(50,318 posts)
7. If he was a rich guy who didn't report an accidential $10 million transfer into his account
Sun Mar 24, 2019, 03:58 PM
Mar 2019

he'd be okay. Sorry, buddy. You're a peon so you're screwed.

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