Legal Question in Administrative Law in California

Ordering online

An advertisement online was in such a way that the product was free. I gave my name, email address, and the home address to get the product. I did not give any credit card or any other personal information as it was not required.

I have received an email from the company informing me that the product is shipped and I should pay them $89. I sent them back an email demanding the shipment to be cancelled, they are refusing.

My question is if I do not pay for the product, how can they collect money from me?

Thank you for clarifying.

Michael


Asked on 1/16/10, 8:24 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You may have misunderstood the "free" part.

Many shipments cannot be canceled once made - for example, mailings by parcel post, because the carrier does not track individual packages, The solution is to send it back.

Businesses, especially corporations that would have to hire a lawyer to go to small claims court, are unlikely to sue over $89, They may file a negative report with the credit-rating agencies. You might also get dunning notices from a bill collector.

Obviously, I cannot say who's right and who's wrong here.

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Answered on 1/21/10, 8:53 am
George Shers Law Offices of Georges H. Shers

Anything of significant value is not going to be given away free, especially on the internet where the number seeing the gift could go into the millions. The initial parts of the ad do make it seem that the gift is free but if you go to their conditions section you will see what the requirements are.

If the time frame between when you ordered, they told you it wouldl be shipped and you cancelled, is very narrow, it would suggest that they may have had adequate time to cancel the order before mailing it. Calling them and find out what the average time between ordering and their actually putting it out for shipment is, carefully go through their terms and conditions to see if they have violated any, and then e-mail them and call [so there is a written record of what you want to say]. Mr Whipple is correct that they will not sue you for $89 [does that include shipping and handling] but they likely will report it to the credit agencies so it will effect your credit score some what. Consider whether it is worthwhile to have the item and avoid the irriations if you do not pay.

[not proof read]

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Answered on 1/21/10, 9:15 am


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