If a package arrives at your house by mistake, you can keep it.. OR NOT.

[Jtbrig7390]

I would contact the supplier of said package (amazon,ebay ect..) and do what they tell me to do.

Actually had this happen last year because they was suppose to deliver me a package but gave me someone else and mine. Amazon support outright told me to just keep the other package.

Turned out to be a amazon fire stick and gaming headset.

If you get the ok from the supply'er to keep said items then its legally not on you anymore (depending your regions laws).

[Polarthief]

Unless the company contacted me and were paying for the shipping, as well as having someone pick it up, I'd give it back to them.

The company fucked up and sent him the wrong TV. THEY'RE the ones who should be inconvenienced, not the customer.

If Amazon explicitly stated that I had nothing to worry about, even if it was a third party selling me the item, I'd give that email to the police and have them deal with it if they came knocking. If they arrested me over it, I'd argue that's an illegal arrest.

[Cronovey]

I've had things delivered to my previous apartment before that belonged to the people in the same apartment number but the next complex over (a single digit difference in address) and have brought them their packages repeatedly.

Something addressed to me I'd have to assume I would keep, but if it's an item delivered to the wrong address I'll bring it over to them if it's close enough and let them know it got dropped off at the wrong place. My name on it? Well I'm going to assume it's mine. If it's a drastic difference from the item that I ordered, I may call and see what's going on at the very least though.

[Polarthief]

What I am unsure of based on the article, was the 87" TV addressed to him or someone else?

Based on what I read, it seems to be that he ordered a smaller TV and they accidentally sent him a bigger one. It's not like he was stealing from his neighbor or the shipping company delivered it to his house by mistake, it was a mistake on the seller for sending him a bigger TV.

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I've had things delivered to my previous apartment before that belonged to the people in the same apartment number but the next complex over (a single digit difference in address) and have brought them their packages repeatedly.

Something addressed to me I'd have to assume I would keep, but if it's an item delivered to the wrong address I'll bring it over to them if it's close enough and let them know it got dropped off at the wrong place. My name on it? Well I'm going to assume it's mine. If it's a drastic difference from the item that I ordered, I may call and see what's going on at the very least though.

Yeah that's a mistake on the delivery people, that's not on the seller and that's more akin to stealing if you kept it. That's NOT what this story is though. It's saying he was sent a bigger TV on accident, in which that's on the seller, NOT the delivery people.

[rhorle]

It keeps mentioning “unordered” items. He did order a TV, but a different size was sent by mistake, so it wasnt really something he got for free. This FTC rule may not apply to his situation.

No. He was given two TVs. The one he ordered from Amazon. And a TV ordered by someone else (doesn't say where it was ordered from). The delivery company is the one that mistakenly gave him two instead of one.

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But as you stated it was the delivery company that made the mistake, but they don't own the TV. Thus legally they should not be able to recover the TV....

Again what warped country do you live in that it is okay to steal something? They can recover stolen packages. It is legal. A business can initiate legal proceedings to recover items. Do you not understand what reposition is? Companies hire other companies to recover items for them. Seriously. Why are you acting this dumb to defend something this silly?

[Hilhen7]

No. He was given two TVs. The one he ordered from Amazon. And a TV ordered by someone else (doesn't say where it was ordered from). The delivery company is the one that mistakenly gave him two instead of one.

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Again what warped country do you live in that it is okay to steal something? They can recover stolen packages. It is legal. A business can initiate legal proceedings to recover items. Do you not understand what reposition is? Companies hire other companies to recover items for them. Seriously. Why are you acting this dumb to defend something this silly?

It was claimed that Amazon said over the phone he can keep the product thus the delivery company doesn't have a say in the matter.

[Endus]

Again what warped country do you live in that it is okay to steal something? They can recover stolen packages. It is legal. A business can initiate legal proceedings to recover items. Do you not understand what reposition is? Companies hire other companies to recover items for them. Seriously. Why are you acting this dumb to defend something this silly?

This isn't a "stolen package".

This was them giving him an extra package, and getting him to sign for it. And the shipper of said extra package (Amazon) saying he could keep the extra. And the company trying to get the police involved so they don't have to pay Amazon for their own fuck-up.

Said delivery company never held ownership of the package, so it's pretty hard to say he "stole" it when the seller agrees that he can keep it.

[Ahlae]

If Amazon said it was no problem and to keep it, not really a problem. If he signed someone elses name for the package, maybe a problem; but if he signed his own and the company fucked up and accepted that and gave the package to him then really they should be eating the cost not trying to ruin a dudes life for a mistake THEY made.

[rhorle]

It was claimed that Amazon said over the phone he can keep the product thus the delivery company doesn't have a say in the matter.

Amazon has no say in the matter if they were not the ones to ship the second TV to him. I don't get why you are being so obtuse with this stuff. It doesn't even say what company shipped the second TV. Amazon can say to keep the TV if they made the mistake. A delivery company will not go after someone for a mistake Amazon made. This was already covered but you seem intent on going around in stupid circles.

[Evil Midnight Bomber]

You can tell a lot about a person's agenda with these threads just by checking to see where they cut off when they quote the article:

Here's the part that got left out...it continues from the exact point OP ended.

According to Freetown Police Department, they were informed by the delivery service that two televisions had been delivered and one was delivered by mistake. “The delivery service contacted police after several unsuccessful attempts to recover the television. Police then visited the residence where they spoke with the male in an effort to recover the television. Unfortunately, he refused to cooperate,” the FPD said.

Memmo is now facing jail time. He says if he knew he would be arrested, he would have paid for the larger TV or returned it.

Memmo was charged with larceny Over $1,200 by false pretense and misleading a police officer.

Always check the links.

[Hilhen7]

Amazon has no say in the matter if they were not the ones to ship the second TV to him. I don't get why you are being so obtuse with this stuff. It doesn't even say what company shipped the second TV. Amazon can say to keep the TV if they made the mistake. A delivery company will not go after someone for a mistake Amazon made. This was already covered but you seem intent on going around in stupid circles.

How do you know amazon made the mistake? It could be the delivery company that fucked up, and now they don't want to accept a loss.

[rhorle]

This isn't a "stolen package".

That is considered a stolen package. If the post office delivers mail to my house that is the wrong address I am not legally allowed to open it or keep it. If I do it is considered stealing. It doesn't say that Amazon is the shipper of the second TV. It doesn't say that Amazon said since the delivery company (cape cod express) made the mistake that the TV can be kept.

Delivery companies are responsible for the package while it is in there care. Otherwise people would be stealing left and right with delivery companies not responsible at all.

[Dellis0991]

Call and send it back, I got no time the law getting involved over some petty shit.

[rhorle]

How do you know amazon made the mistake? It could be the delivery company that fucked up, and now they don't want to accept a loss.

Make up your mind. Either it was Amazon or it wasn't. If the delivery company screwed up delivering a package why would Amazon get to say if it can be kept or not? Are you seriously claiming that the Delivery company got a TV out of thin air and put a label on it to some random person? Where the hell did that second TV come from?

[Evil Midnight Bomber]

Based on what I read, it seems to be that he ordered a smaller TV and they accidentally sent him a bigger one. It's not like he was stealing from his neighbor or the shipping company delivered it to his house by mistake, it was a mistake on the seller for sending him a bigger TV.

Yeah, the OP cut this out from what he quoted from the article...but he actually received 2 TVs...the one he ordered and the extra one by mistake.

According to Freetown Police Department, they were informed by the delivery service that two televisions had been delivered and one was delivered by mistake. “The delivery service contacted police after several unsuccessful attempts to recover the television. Police then visited the residence where they spoke with the male in an effort to recover the television. Unfortunately, he refused to cooperate,” the FPD said

[Hilhen7]

That is considered a stolen package. If the post office delivers mail to my house that is the wrong address I am not legally allowed to open it or keep it. If I do it is considered stealing. It doesn't say that Amazon is the shipper of the second TV. It doesn't say that Amazon said since the delivery company (cape cod express) made the mistake that the TV can be kept.

Delivery companies are responsible for the package while it is in there care. Otherwise people would be stealing left and right with delivery companies not responsible at all.

If it has a different persons name on it, you would be correct.

If someone literally hands you a package (without a name on it, or with your name on it) and tells you that this is yours, please sign for it.... (How is that stealing)

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Make up your mind. Either it was Amazon or it wasn't. If the delivery company screwed up delivering a package why would Amazon get to say if it can be kept or not? Are you seriously claiming that the Delivery company got a TV out of thin air and put a label on it to some random person? Where the hell did that second TV come from?

I'm saying Amazon shipped several TVs. The shipping company F'ed up and gave the man an extra TV that was supposed to go to someone else. Amazon would have a say because they legally own the property.

[cuafpr]

if they shipped the wrong one, with his name on it.. that's on them imo... i'd keep it and once had UPS drop something off i didn't order, but a new neighbor actually came by and asked about it, and it was theirs so i let them have it.

but yeah my name, my address their mistake, i'll keep it. Police went over board here.

[suprep]

Memmo said that he originally bought and paid for a 74-inch flat-screen TV on Amazon, but when the 86-inch arrived, delivered by a third-party shipping company, he chose not to return the larger model. The police found it mounted on to his wall.

“I looked into all the laws and said, ‘You know, it’s a scratch ticket. Sometimes you win, sometimes you lose,'” he said. He added, “Amazon said I had nothing to worry about. I made no wrong decisions at that point.”

So by the looks of it he bought this off Amazon and asked Amazon about what happened, they replied with he had had nothing to worry about. So I'd definitely say this is not his fault, had Amazon said it should be returned then yes, I'd agree that it was wrong. I'm fairly certain that the purchase/sale is between the buyer and Amazon, he shouldn't have to care about third-party here, that's Amazon's job...

And it looks like he did buy a TV, he just got a different (larger) model... it's not like he got a free TV out of nowhere that belonged to someone else.

EDIT:
Seems like he received an EXTRA tv, the news article is literally missing the most important fact here... I was under the assumption he just got an increased size on the TV but it appears he got two tvs (76 and 87 inch), in which case yes, he should've spoken to Amazon clearly about this (if he didn't).

[Endus]

That is considered a stolen package. If the post office delivers mail to my house that is the wrong address I am not legally allowed to open it or keep it. If I do it is considered stealing.

Bit in bold is where you insert something new into your analogy that completely changes the situation.

It doesn't say that Amazon is the shipper of the second TV. It doesn't say that Amazon said since the delivery company (cape cod express) made the mistake that the TV can be kept.

It doesn't say anyone else shipped the TV, either. The only shipper we have identified here was Amazon.

And he did say he contacted them and they said not to worry about it.

Delivery companies are responsible for the package while it is in there care. Otherwise people would be stealing left and right with delivery companies not responsible at all.

Yes. This is the point. If the delivery company lost the package, they're liable for replacing it. They don't want to pay for the TV they misplaced, so they had this guy charged.


Also, note that "charged" is not "found guilty of". They've made an accusation. Now it goes to court, unless the accused pleads out, or evidence is presented to prosecutors that make them realize they're definitely gonna lose.

[Evil Midnight Bomber]

I'm saying Amazon shipped several TVs. The shipping company F'ed up and gave the man an extra TV that was supposed to go to someone else. Amazon would have a say because they legally own the property.

Amazon wouldn't own the TV at that point. The legal owner would be the guy who ordered the TV and the delivery service would be in custody of it until it is delivered to the proper owner. Amazon's legal responsibility for the product ended the moment the Delivery company signed for the goods.