Legal Question in Consumer Law in Pennsylvania

Sale generated from an inquiry

On april 14 called company to inquire about a laptop, told them would get back to them if interested in purchase..DID NOT reply..15 days later someone in company generated a sale on my inquiry ( my guess would be to meet quota) 3 days later a fed ex was at my door with a delivery. explained did not order anything but it was 5 days before mothers day and thought kids may have got me something. accepeted package only to find it was the laptop i inquired about. Called company and said did not order it, never given any option except an $90 credit toward future purchase. they automatically put it on a previous acct. that i have with them without my permission. made several phone calls with promisies made but no satisfaction. on top of insult to injury they sent the wrong router at the cost of $60 and wouldnt give me an autorization to return it and get credit. they told me it was over the 21 return day period and it would cost me s&h plus a loss of 15%. So here i sit with a laptop i did not order, the wrong router and a bill i had planned to pay off (only owed $44) My question is am i responsible to pay for an item sent to me that i did not order and what recourse do i have. Thank you for any help you can give me..


Asked on 6/11/05, 9:51 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Sale generated from an inquiry

Since you didn't order the item you have any number of defenses to their claims for payment if you return the laptop. A letter from an attorney setting forth your position and making it clear that you are ready, willing and able to proceed through a court action probably will be sufficient to have them resolve the matter in your favor. If they are unwilling to resolve it you will need to file an action in the District Justice office that covers the address the item was shipped to . I offer free consultations.

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Answered on 6/11/05, 10:36 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Sale generated from an inquiry

You should seek out legal representation as soon as possible. An attorney could and would contact these individuals to try and resolve this action. If this could not be amicably resolved you would need to file a civil suit against them before your local District Justice (Magistrate) office.

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Answered on 6/15/05, 3:44 am


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