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Package I didn't order from Amazon

Discussion in 'Small Claims & Municipal Court' started by Sumin, Feb 18, 2019.

  1. Sumin

    Sumin Law Topic Starter New Member

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    I got 2 packages from amazon at my front door, but i didn't order it. The customer's name, address, tracking number and stuff was on the package. Then I called amazon customer service to let them know that I recieved 2 packages that were not mine, and they told me that i could keep the package or dispose it. I even got an email saying that i could keep or dispose of the package. So me and my family decided to open the package, to see what was inside. But a few minutes later, we heard a knock at the door, and they said that that those packages were their's and wanted it back. So we gave them back the package, but they got very mad at us that we opened the package, started cussing at us, then told us this was a federal crime, we could go to jail, and then left very madly. Could we actually go to jail because of this?
     
  2. hrforme

    hrforme Active Member

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    who is the second "they" who came and knocked on your door?
    whose name (and address) was on the package?
    how did "they" know that the packages came to your home? Was your address listed?

    what was in the package(s)?
     
  3. Sumin

    Sumin Law Topic Starter New Member

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    the second they was the person who ordered the package

    the name and address on the package was of the person who ordered the package

    i have no idea how they knew our house

    just some medicine containers, a stand, charging cabel, and fish oil pills
     
  4. flyingron

    flyingron Active Member

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    First off, it's not a FEDERAL CRIME unless they came by US Mail. Most of Amazon's stuff comes by some private or common carrier. Just tell them sorry and get on with your life. They got your stuff (and if they hadn't or it was somehow damaged by you, their beef is with AMAZON not with you).
     
  5. Sumin

    Sumin Law Topic Starter New Member

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    Thanks for the reply and you are right it was delivered by amazon logistics or something
     
  6. army judge

    army judge Super Moderator

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    Be careful going forward.

    These online merchants are engaged in "honesty test" campaigns.

    Suddenly, mysteriously, surreptitiously a package (packages) arrive on your porch, mailbox, etc...

    These "packages" aren't addressed to you.

    Honest people, that would be @Sumin for example, receive these unordered, unwanted packages.

    The test has commenced, you (as in our pal @Sumin) becomes the human guinea pig.

    Bear in mind, some of these packages are "special test" packages for the scum dealing in illicit substances.

    Our friend, @Sumin wasn't biting.

    @Sumin contacted the alleged "merchant" and reported the errant packages.

    The "merchant" told @Sumin to keep the package, don't worry about it.

    Smart @Sumin had no sooner hung up his phone when, LO and BEHOLD, the package delivery dude (possibly a federal agent, a police officer, or the so called recipient) appears and demands the "goods".

    Some of these "packages" have RFID or "tracking devices" which report their whereabouts to the "mother ship".

    @Sumin, I commend you for your honesty.

    During the recent Christmas holiday, I received three of these errant "packages" one day.

    I simply took photos of each (UNOPENED) and hand delivered them to the proper recipient.

    These three TEST packages were ALLEGEDLY delivered by USPS, FedEx, and UPS about the same time.

    Let's say my address is: 123 Green St, Sometown, TX
    These packages were NOT addressed to addresses or names similar to mine.
    One might have read 408 West Witless Way, Sometown, TX, another was 128 Green St, Sometown, TX, the last 103 Green St, Sometown, TX.

    I didn't bother calling the alleged "shipper", I just hand delivered them.

    I haven't received any "errant" packages since that day.

    I guess I passed the HONESTY challenge.

    I suspect this has to do with the bevy of porch or mailbox thefts that occur daily.

    Beware of all errant packages, Big Sister, Big Brother, or Doper Dude might be watching.
     
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  7. flyingron

    flyingron Active Member

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    Which has another name: unsolicited merchandise FRAUD. There's a federal law about that which protects the recipient.
     
    army judge likes this.
  8. Tax Counsel

    Tax Counsel Active Member

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    That federal law certainly protects the recipient in the situation in which unordered merchandise is sent addressed to the recipient and then the sender tries to bill the recipient for it. It was that situation that prompted the law. See 39 U.S.C. § 3009.

    But I have my doubts that it would apply to the situation like the OP's in which a package is clearly labeled with the name and address of someone other than the person to whom it was actually delivered. You don't get to keep stuff that is clearly meant for someone else just because it got misdelivered to your door. I think that principle would apply even when the delivery was the result of the sort of honesty test that Army Judge mentioned.
     
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  9. Sumin

    Sumin Law Topic Starter New Member

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    I asked amazon about keeping or disposing the packages several times before i opened the package. They said every time we could keep/dispose the packages. Would I still get punished?
     
  10. Tax Counsel

    Tax Counsel Active Member

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    You likely wouldn't get criminally prosecuted in that circumstance. But there is the possibility you get sued either by the seller (Amazon) or by the real buyer of the goods later if the goods are lost or destroyed and you can't return them when asked. At this point I'd not worry much about this if I were you. They got their goods, no one has suffered any loss, and though they might have been upset you opened the package, they'll get over that.
     
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  11. mightymoose

    mightymoose Moderator

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    If anything did come of it I suspect you would not have difficulty proving that someone told you to keep or dispose of the items... The email you mentioned has you covered. You did not commit fraud or otherwise attempt to steal someone else's property.

    Amazon probably finds it faster and cheaper to simply send a replacement to the correct address rather than to have you send the junk back or send someone to pick it up.

    It is curious that the intended recipient showed up at your door though. I can't imagine Amazon would have divulged that information. Maybe the tracking number led them there and timing was coincidental.

    I'm not sure the federal law applies to such delivery services. Perhaps there is something else other than the one regarding the USPS. It is not an issue at this out anyway.

    I do agree that absolutely nothing will come of this.
     
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  12. Tax Counsel

    Tax Counsel Active Member

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    For the small value items they sell, that may well be the case. If it was a computer or something, though, I imagine they'd be more interested in getting it back.
    :)
     
  13. hrforme

    hrforme Active Member

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    I do think it is odd that somehow the intended recipient knew where they were delivered incorrectly (especially if the address was incorrect on the box to yours)..... For example, we once had our package delivered to to house across the street...that's normal. But a totally different address? Yes, I would have looked it up and just dropped it off there the next time I was out. And taken a picture of it on the doorstep!
     
  14. Sumin

    Sumin Law Topic Starter New Member

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    thanks for the reply
     
  15. zddoodah

    zddoodah Well-Known Member

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    No.
     
  16. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Here is one more concern for you to consider - social media. Let's assume that Amazon told you that you could keep the package but the recipient - who now must wait for a reshipment - discovered the package was delivered to you after a discussion with the carrier. (Remember that most packages have tracking numbers.) If that person was legitimately the recipient, he or she may choose to air out their thoughts on social media regarding the person who decided to keep their package clearly addressed for the recipient - the result of what appears to be a clear honest mistake. And if that happens, you'd be hard pressed to find any legal (or potentially any other) remedy.
     
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