i received a shipment twice

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i received a shipment twice

i bought some items from a company and it was delivered 2 months later the items were delivered again

Asked on May 17, 2019 under Business Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

According to the Federal Trade Comission, unordered merchandise that is sent to your home, even by mistake, is yours to keep. It can be considered as a free gift. This rule was implemented in order to stop business's from shipping out merchandise and then sending collections agencies after the money later on. The guideline allows for companies to make honest mistakes and request you help them resolve them, however the FTC specifically says that you are under no legal obligation to report the mistakenly shipped merchandise. If the company requests that you return it though, you should, provided they pay for shipping or compensate you. Bottom line, when it comes to unordered goods the law is on your side.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you may not. Even if the items were, as they apparenty were, sent to you in error, you have no legal right to keep them IF the company wants them back and pays for their return. If at any point the company asks for them back and funds their return (e.g. provides UPS or Fed Ex labels on their account for their shipping) you would have to return them. The law is clear that a mistake does not entitle you to keep something you did not pay for.


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