Legal Question in Consumer Law in Missouri

I had an issue with AT&T, my DSL modem stopped working. Their technician recommended that I order a new modem. I agreed and ordered a new modem. Thirty minutes later, my modem started working again. I called back and cancelled the order. Later that week I receive a package from AT&T, they ship me a new modem. Their records show the order was cancelled, but they claim they are unable to stop shipment once an order is placed. Am I finanically responsible for this device? Do I need to return it? Is it considered a gift?

I am returning the device to AT&T, I just want to know if I was right. It is not the consumer's responsibility for their shipping error.


Asked on 1/30/10, 9:44 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

If you return it they should not bill you. Just make sure to return it in a way that can be tracked so you can show that they received it.

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Answered on 2/09/10, 8:13 am


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