Legal Question in Business Law in Georgia

I received a language course through the mail. It was addressed to me, but I did not order it. I contacted the company by telephone and asked them what should I do. I was told to return it back to them but I need to get it insured in case it gets lost I wouldn't have to pay for it. They told me where to mail it. However, I don't believe that I am responsible for paying there return fee's because I did not order it. I sent two email messages and they have never sent the required shipping postage fee's nor have they said that they would.

How long do I have to keep it, before I can trash it. Furthermore it is valued at $250.00. I don't want to do something wrong and be charged in court with a felon for destroying mail valued at $250.00

thanks

lenza


Asked on 4/14/13, 2:24 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Just tell them to send a pre-paid FedEx/UPS label, otherwise you will consider it a gifter under the law (assuming you have absolutely nothing to do with the order or company).

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Answered on 4/14/13, 2:29 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you did not order it, you have no obligation to return it.

Make an online complaint about the company at http://ehome.uspis.gov/fcsexternal/default.aspx .

Send a letter to the company and keep a copy, saying only: "You have shipped me an item I never ordered via the US mail. I have already filed a complaint about this with the U.S. Postal Inspector. Under federal law, the item is mine to keep for free. However, I'd be glad to return it if you send me a self-addressed insured mailing label and box within 30 days. Add your check for 46 cents to cover the postage for this letter. Your response when I called that I'd have to pay for shipping was a violation of the law, and the reason you now have a postal service investigation, and please be aware that after 30 days I am free to dispose of your package and it will be unavailable for return. The shipping of unsolicted merchandise is illegal and I am doing you a favor by offering to return the item, but I will not be doing it at my expense. Govern yourself accordingly."

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Answered on 4/14/13, 2:36 pm


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