Legal Question in Consumer Law in Missouri

Unsolicited regular USPO Mail

Is there a law or statute regarding unsolicited mail?

Is there not a ''presumptive gift'' clause somewhere?

If so, how does the following pertain?

An item is originally ordered, but due to the vendor having problems with delivery, the order is cancelled, and agreed cancelled by both parties in writing, (via email).

Then a few days later, without further order from the recipient, the order is subsequently delivered?

Am I, (the recipient), now obligated to pay for this item?

Thank you for your time.


Asked on 9/15/03, 2:51 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Unsolicited regular USPO Mail

You don't have to pay for the item, but you probably can't legally keep it, either, since this is probably a case of mistake. They sent it to you thinking you had ordered it.

I would write to the company, tell them you received the product, you did not order the product, and that you have possession of their product. Tell them if they want it back to send a Federal Express van to pick it up. Give them 10 days to do that. If they fail to do that, you can argue that they abandoned their goods with you.

You should probably consult an attorney if the value of the goods is greater than $100, as there is a small possibility they may claim you defrauded them, or request criminal charges against you.

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Answered on 9/16/03, 2:01 pm


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