Legal Question in Consumer Law in Massachusetts

Returning an item I did not order.

A company with whom I have an account sent me an item in error. I did not order this item. They are instructing me to mail it back to them. I asked them to send me an address label with return postage, but they are refusing to do so. I have my dander up now and I have instructed them to send someone to pick it up. I fear that they may threatened to charge my credit card for this item if I don't send it back to them in the mail. What is my legal obligation here? What is the company's obligation? Can they legally charge me for this item if I did not order it?


Asked on 9/13/03, 10:15 am

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Returning an item I did not order.

Generally, the recipient of unsolicited orders need not return a product unless it is of substantial value - then the company may have a claim for unjust enrichment. You should contact your credit card company and tell them to reject the charge or if has already been charged, protest it in writing certified mail. You may also contact the office of Consumer Affairs in the office of the Attorney General if the charge is made and the company refuses to credit your account.

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Answered on 9/15/03, 9:58 am


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