Legal Question in Credit and Debt Law in New Jersey

Re: BMG Music notice

Your course depends on how angry you are.

The easiest way to deal with the problem is to return the merchandise with a letter (do everything in writing) stating that you did not order the item and that you don't want it.

If you truly did not order it, you don't actually have to return it. Unsolicited merchandise received through the mail can be treated as a gift. You can keep it and you don't have to pay for it.

The issue arises from time to time in the business office context. There used to be people known as "toner pirates" who would find out what kind of copier an office used (usually by deceiving an employee) and then send unordered toner at outrageous prices. This practice spread to other things like fluourescent lamps, etc. That is similar to your situation. My approach when that happens is to send a letter to the effect that unordered merchandise has been received and, if the merchant sends me shipping instructions together with a pre-paid bill of lading within 10 days, I will return the item. Otherwise, I will keep it. In no case will I pay for it. That usually works.

As to your credit, you need to make a written protest to the merchant. Tell them that you did not order the merchandise and are not obligated to pay for it. Tell them that continued threats would be a violation of the Fair Debt Collection Practices Act and falsified credit reports will be acted upon as a violation of the Fair Credit Reporting Act, and their sending unsolicited merchandise and attempting to collect on it is fraud and is a violation of New Jersey statutory and common law including the New Jersey Consumer Fraud Act. You might also throw in that the NJ Consumer Fraud Act carries penalties to the offending merchant of triple damages plus the mandatory award of attorney fees to the consumer. That usually does the trick.

If that doesn't work, give me a call.