Legal Question in Consumer Law in Virginia

Unordered Merchandise

I received a package from an onlilne retailer that I did not order. I contacted the retailer and they confirmed this. The package was delivered via UPS. Does Title 39 Section 3009 of the US Code cover me in not having to return or pay for the item? Or is there another code or law that will give me rights to the content of the package without having to pay for it?


Asked on 1/18/05, 11:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unordered Merchandise

I have reviewed Title 39 Section 3009 and it would appear to me that you're obligated to return

these items(or pay for them) if in fact they were sent to your in error (even if you were the intended reipient). Your question mentions that "they confirmed this". Naturally, one must ask that they confirmed what, i.e., that you were the intended recipient but that the items were sent to you by mistake or only the former?

However, if in fact you were the intended recipient and the merchandise was sent to you clearly in violation of the aforementioned federal statute and not subject to any of the exceptions referenced therein, then it would appear that you could indeed keep them without paying for them.

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Answered on 1/18/05, 11:43 am


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