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Unsolicited Coin Dilemma Settled

Here are the official postal regulations from their web site.


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.

Comments

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    darktonedarktone Posts: 8,437 ✭✭✭
    ??
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    Great homework...but I'm confused....can you keep the coin or not? I read it many times and I'm just not gettin it.
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    LucyBopLucyBop Posts: 14,001 ✭✭✭
    I need a Margarita!
    imageBe Bop A Lula!!
    "Senorita HepKitty"
    "I want a real cool Kitty from Hepcat City, to stay in step with me" - Bill Carter
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    haha....me too....or at least a cold beer. :-)
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    nwcsnwcs Posts: 13,386 ✭✭✭
    Yes, if a company (such as Littleton) sends you a coin you did not order and you did not sign/have an agreement where they mail them for approval, then you keep the coin and it's SOL for them.
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    The problem is he DID order one and the company errored and sent two. I don't think that can be construed to be sending unsolicited merchandise. If both coins had been in the same envelope instead of two would you consider it unsolicited? If you ordered an 1893 morgan dollar and the dealer errored and sent a 93-S by mistake do you think you should be allowed to keep it because it wasn't something you ordered? Of course not and they should be returned, as soon as the dealer pays to have them shipped back. You shouldn't be out the shipping fees because the dealer made an error.
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    nwcsnwcs Posts: 13,386 ✭✭✭
    Ahh, more info is good. If the seller ships the wrong item accidentally, it should be returned for sure. Or if they mix up the order, it should be returned. That is a different scenario from an unsolicited delivery.
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    << <i>Ahh, more info is good. If the seller ships the wrong item accidentally, it should be returned for sure. Or if they mix up the order, it should be returned. That is a different scenario from an unsolicited delivery. >>



    I question that . ive shipped items by mistake and nevewr to see them returned. not even an email back. when i got wrong items i question it before i send it back. but must of the time they are nice and let me keep it. but most i think dont even do that. major companies really know what they are doing . they check it many times. but i dont know . its really a judgement call. deending on how much the items are worth. if you orded$5.00 and got a 5.25 item does it really matter if it is the same year but a differenyt grade? yes if its a 250$ difference then of corse ( like if anyoneelse belives iN IT)
    Founder of the NDCCA. *WAM Count : 025. *NDCCA Database Count : 2,610. *You suck 6/24/10. <3 In memory of Tiggar 5/21/1994 - 5/28/2010 <3
    image

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