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Discussion in 'The Garage' started by Grim-Reaper, Dec 17, 2003.

  1. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    Yep you have no obligation to pay for that Video that Four Wheel is mailing. It is yours to keep as well. It is illegal for them to expect payment.
    [ QUOTE ]

    What is the "law" regarding receiving non-ordered items?

    Question
    What is the "law" regarding receiving non-ordered items? I have received a large book in the mail from a company. I did not order it and I don't want to pay the postage to send this large, heavy book back. They'd like me to look at it for a month and then send it back if I don't want it. Am I obligated to do this? I had always thought that if you receive something in the mail that you did not order, it's yours to keep? What are my rights and responsibilities in this situation?

    Answer
    A federal law, Title 39 of the United States Code, Section 3009, stipulates that except for free samples clearly and conspicuously marked as such, and merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise constitutes an unfair method of competition and an unfair trade practice.

    Any merchandise mailed in violation of this section may be treated as a gift by the recipient, who shall have the right to retain, use, discard or dispose of it in any manner he/she sees fit without any obligation whatsoever to the sender. Further, the mailer of any merchandise mailed in violation of this section shall not mail to any recipient of such merchandise a bill or any type of communication requesting collection.

    Please advise the sender of the unwanted merchandise of the above, and your desire to be removed from any mailing list.



    [/ QUOTE ]

    And in 2 months when they send the next it's yours to keep as well. /forums/images/graemlins/grin.gif
     
  2. mudhog

    mudhog THEGAME Staff Member Super Moderator

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    so how do we get a copy of it?
     
  3. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    It looks like it is being sent to anybody that has subscribed and then some. I have not subscribed in at least a year and they sent me one. I haven't watched it yet to see if it's worth a damn.
     
  4. MTBLAZER89

    MTBLAZER89 3/4 ton status GMOTM Winner

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    Cool hope I get one /forums/images/graemlins/thumb.gif I love gifts
     
  5. rick88blaze

    rick88blaze 1/2 ton status

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    which company is sending this out?
     
  6. clubba68

    clubba68 1/2 ton status

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    [ QUOTE ]
    which company is sending this out?

    [/ QUOTE ]

    Four Wheeler.
    -Andrew /forums/images/graemlins/usaflag.gif
     
  7. 84_Chevy_K10

    84_Chevy_K10 Banned

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    I have enjoyed it for months now with no intention of sending it back.
     
  8. bigjbear

    bigjbear 1 ton status Staff Member Moderator

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    Bummer, I didn't get one. Can I borrow yours?
     
  9. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    [ QUOTE ]
    Bummer, I didn't get one. Can I borrow yours?

    [/ QUOTE ]
    Sure. They actually sent bot a Video tape and a DVD of the same thing. Remind me before the next meeting and I'll bring it.
     
  10. bigjbear

    bigjbear 1 ton status Staff Member Moderator

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    /forums/images/graemlins/thumb.gif
     
  11. thebigdaddyof2

    thebigdaddyof2 1/2 ton status

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    I received a package from 4Wheel&Offroad yesterday. It contained a VHS and DVD copy of the TTC2000. They are requesting that I pay them $7.00 for this selection and that I would receive future selections....sounds kinda like the old record club gimmick to me.

    I, of course, promptly through the entire package in the trash....
     
  12. Hardcore

    Hardcore 1/2 ton status

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    BTT

    Bringing this BTT since I just got mine today from petersons 4W&OR. What a bunch of crap. Grim Reaper is right, there is no obligation for you to return it. THe reason music companies like Columbia House get away with it is because you sign up for the 10 CDs for $0.01 thus you requested it.
     
  13. mudjunkie 82

    mudjunkie 82 1 ton status GMOTM Winner

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    Not a bad Video for $7.00 too many heeps though!
     
  14. K5 NUTT

    K5 NUTT 1/2 ton status

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    Did you notice Watson as co driver in the Bummer?

    DW
     
  15. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    [ QUOTE ]
    BTT

    Bringing this BTT since I just got mine today from petersons 4W&OR. What a bunch of crap. Grim Reaper is right, there is no obligation for you to return it.

    [/ QUOTE ]

    true, but I'll return it anyway. I mean come on, its NOT that big a deal... postage paid, just stuff it in the mailbox and you're done. besides, the vid easily fits on one dvd+r disc. /forums/images/graemlins/rotfl.gif i mean... thats what some guy I dont really know said... /forums/images/graemlins/shocked.gif /forums/images/graemlins/wink.gif /forums/images/graemlins/grin.gif

    j
     
  16. HarryH3

    HarryH3 1 ton status Author

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    Hmm, the packaging for mine was already pretty trashed from the mail carrier forcing it to fit into my (slightly too small) mailbox. The envelope on the outside was destroyed and the "collectible coin" was nowhere to be seen. When I tried to open the box via the handy zip-strip down the side, the string that is supposed to cleanly open the box was missing. So I ended up really messing up what was left of the box just getting it open. Only after this carnage did I read the letter and realize that they expected for me to reuse the worthless pile of shredded cardboard to return the video to them if I chose not to keep it. /forums/images/graemlins/eek.gif Ah well, my 4-year-old thinks that the video is pretty cool. /forums/images/graemlins/thumb.gif
     
  17. Seventy4Blazer

    Seventy4Blazer 3/4 ton status

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    Re: READ THIS NOW!

    there is a problem in your theory.
    they supply a return shipping label. you have to send it back at thier cost or you have to pay them.
    sorry man.
    Grant
     
  18. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    Re: READ THIS NOW!

    [ QUOTE ]
    there is a problem in your theory.
    they supply a return shipping label. you have to send it back at thier cost or you have to pay them.
    sorry man.
    Grant

    [/ QUOTE ]

    No you don't.

    [ QUOTE ]
    A federal law, Title 39 of the United States Code, Section 3009, stipulates that except for free samples clearly and conspicuously marked as such, and merchandise mailed by a charitable organization soliciting contributions,,<font color="red"> the mailing of unordered merchandise constitutes an unfair method of competition and an unfair trade practice.

    Any merchandise mailed in violation of this section may be treated as a gift by the recipient, who shall have the right to retain, use, discard or dispose of it in any manner he/she sees fit </font> Further, the mailer of any merchandise mailed in violation of this section shall not mail to any recipient of such merchandise a bill or any type of communication requesting collection.


    [/ QUOTE ]

    Doesn't say squat about them providing return lables. It says if they send it I can do anything I want with the item and <font color="red">"Any merchandise mailed in violation of this section may be treated as a gift"</font>

    It's clearly inviolation that they ask for money for it and it says I can treat it as a gift because they have no legal recourse because sending mercendise without me ordering it is <font color="red">"Unfair trade practice" </font>
     
  19. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    Re: READ THIS NOW!

    Ohh yeah there is more. It says report this type of mailing to the post master so they can take action against the company. What I quoted is not the full text of the FEDERAL law.

    If all they had to do is send a return lable then you would have a pallet full of crap on your door step every day from companies trying to get anything they can out of you.
     
  20. thebigdaddyof2

    thebigdaddyof2 1/2 ton status

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    Re: READ THIS NOW!

    Yep, they gamble that the amount of people that pay for said product (and will buy future products) will far outweigh the initial costs of sending out a 3 year old video.
     

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