|
|
|
A company sends
you a gift in the mail--a ball point pen, a key chain, a tie. But
you didn't order it. What do you do? If you are the type of person
this company is looking for, you may feel guilty about accepting the
item without paying for it. Don't feel guilty! It's yours, and you
are under no obligation to pay anything.
You, the consumer,
may only legally be sent two types of merchandise through the mail
without your consent or agreement:
- Free samples
which are clearly and conspicuously marked as such.
- Merchandise
mailed by a charitable organization that is soliciting contributions.
And in these two
cases, you can consider the merchandise a gift if you wish. In all other
situations, it is illegal to send merchandise to someone, unless that
person has previously ordered or requested it.
These rules are
codified in Title 39, United States Code, Section 3009. That section
of the Postal Reorganization Act of 1970 incorporates these protections
for American consumers and makes the mailing of unordered merchandise
unfair methods of competition and unfair trade practices under the
law.
If you do not
wish to pay for unsolicited merchandise or make a donation to a charity
sending such an item, you may do one of three things (in each case,
by law, you have no obligation to the sender):
- If you have
not opened the package, you may mark it "Return to Sender," and
the Postal Service will return it with no additional postage charged
to you.
- If you open
the package and don't like what you find, you may throw it away.
- If you open
the package and like what you find, you may keep it for free. In
this instance, "finders-keepers" applies unconditionally.
Furthermore, it is
illegal for a company that sends you unordered merchandise to follow
the mailing with a bill or dunning communication.
If you are aware
of violations of the federal law prohibiting the mailing of unordered
merchandise, or if you have personally had difficulty with such items--especially
if you are sent statements demanding payment for the merchandise--you
should contact you local postmaster or the nearest Postal Inspector.
|
Inspection Service Home Page |
|
|