Legal Question in Consumer Law in Illinois

unordered merchandise mail order

Last Jwinter I ordered an etagere for $150 free shipping from Bellacor website. It arrived in appropriate time frame in January sometime. Few days later received a second box from them. Assumed both were part of same shipment. I didn't open immediately. Early May start getting phone messages from Bellacor stating that manufacturer mistakenly shipped two and they want to pick up the second at their expense, or I can just be billed for it. Wouldn't they assume I had already opened them after 4 months so I would be forced to pay for it? Actually I only opened one. But I believe the second was a 'gift'' according the unordered merchandise rule by the FTC. Am I right? I have not returned their calls yet.


Asked on 5/08/07, 12:26 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: unordered merchandise mail order

I am not familiar with the FTC's unordered merchandise rule specifically, but I suspect it is aimed at preventing the predatory practice whereby merchants would send items to people out of the blue and later bill for the items.

If your extra item arrived by way of an innocent clerical mistake, it's much different. Based on the limited facts provided (or based on the way I'm perceiving them), I believe you are obligated to return the item (at their expense) or to make the item available for them to pick up. This is like a cashier accidentally giving you too much change - you are not entitled to keep it.

If in fact it was sent as part of a predatory scam, the FTC rule you mention would probably apply. Choose your battles wisely!

:)

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Answered on 5/08/07, 1:37 pm


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