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

[Themius]

This line here makes me think it was.



Basically, it sounds like they never actually asked if he was "John Smith" and he never actually told them that he was...he just signed for the delivery.

I can see why that's disputed. I don't look at my packages when they get delivered I just open them I typically trust the company to deliver things that are in my name.

They fucked up, they have insurance, they should file a claim.

[Evil Midnight Bomber]

I can see why that's disputed. I don't look at my packages when they get delivered I just open them I typically trust the company to deliver things that are in my name.

They fucked up, they have insurance, they should file a claim.

They've got the TV back now...no need for their insurance to take a hit because some asshole decided to keep a TV that he knew wasn't his.

[Vash The Stampede]

You didn't read the article.

He didn't get the 86" instead of his 74"...he got both TV's. And it wasn't a "SWAT team"...they had some cops with flashlights.

He got both? The person who delivered the TV screwed up real badly. Yea no, that's different.

[Evil Midnight Bomber]

He got both? The person who delivered the TV screwed up real badly. Yea no, that's different.

I should be fair here. The reason you probably missed that part of the story originally is because the OP decided to leave out a few important bits from the article.

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

Fortunately, I've seen too many occasions where an OP will deliberately edit the parts of the article they quote in an effort to push their own agenda forward...so now I always go to the source.

[zEmini]

I had a package delivered by mistake with the wrong name and address. Called the carrier to come pick it up and they never did. The second time I called they wanted me to deliver to the hub and I told them I was not wasting my time on their mistake and to come pick it up. After a week of not getting back to me I just kept the package. It was Ice cube trays.

[Witchblade77]

here is the deal. if the package is adressed to me? I keep it. if the package is addressed to another person? I either take it back to shipping company or take it to the person it was adressed to, depending on which address is closer.

and if its something as large as a TV - I call the shipping company and have them come back and pick it up.

the article doesn't specify if the address on the package was of the guy in the article, or someone else. so I honestly cannot tell if he did nothing wrong, or tried to scam anyone.

I will say one thing, if that shipping company did call them? there should be phone records of them doing so. whether he didn't pick up or did, its possible to see if they are lying about contacting him or saying the truth.

P.S. the most expensive thing I ever had wrongly delivered to me was nintendo switch. I didn't even look at the address before opening the package, becasue at the time i WAS expecting amazon package of that size. wasn't until I saw breath of the wild inside, i went.. wait a second.. never ordered that... and look at the address.. and it was addressed to someone else. so I walked over and gave it to them in person. I would be lying if I said that I wasn't tempted for a moment to keep it. but... better part of me won over the greedy little shit :P

[Ahlae]

Personally, I would've immediately contacted Amazon to find out what the hell happened once I realized I got something I didn't pay for. If it's just some deal where they substituted a bigger TV because the one I bought is no longer available, great. If it's something where I got someone else's TV, I'd have it sent back (although that better be at no cost to me, since the fuckup wasn't my fault).

It sounds to me like this guy knew all along it was someone else's TV. The fact that the cops were contacting him about it should've been a hint there. If he knew all along and chose to keep it anyway, he should be in some kind of trouble.



I'd like to know which side is telling the truth here. I'm no lawyer or cop, but wouldn't that be...a fraud charge or something if he signed for an incorrect delivery?

Except he did contact Amazon and they said he could keep it.

[jcf190]

Except he did contact Amazon and they said he could keep it.

That's what he said happened. That's not how any of that works. Amazon isn't going to let you keep an item of that value "just because."

[Evil Midnight Bomber]

Except he did contact Amazon and they said he could keep it.

According to him, Amazon said he could keep it.

On the other hand, the delivery company and the cops said he could not keep it.

[Ahlae]

That's what he said happened. That's not how any of that works. Amazon isn't going to let you keep an item of that value "just because."

It happened with an expensive GPU for me, so it might; actually.

- - - Updated - - -

According to him, Amazon said he could keep it.

On the other hand, the delivery company and the cops said he could not keep it.

the delivery company doesn't get to decide that, and the cops shouldn't either if Amazon said he could. They take it up with Amazon, not him.

[Evil Midnight Bomber]

the delivery company doesn't get to decide that, and the cops shouldn't either if Amazon said he could. They take it up with Amazon, not him.

The judge that signed the warrant disagrees with your interpretation. He knew the TV wasn't his...he should have done the right thing and returned it the first time the Delivery company contacted him. Failing that, he should have done the right thing and returned it when the cops came knocking the first time. Now, he's been arrested and charged with grand larceny and misleading a police officer all because he decided to be a scumbag and keep something that didn't belong to him.

[Merie]

I remember hearing of a case where gamers preordered a game for the Vita on Amazon and what they got shipped was a whole playstation vita system bundle with said game part of the bundle. The company went crazy trying to get everyone to return it, though I'm not sure if any did or what the consequences were if any.

[gondrin]

You didn't read the article.

He didn't get the 86" instead of his 74"...he got both TV's. And it wasn't a "SWAT team"...they had some cops with flashlights.

- - - Updated - - -



There's one line in the article that gives me the impression that the TV had someone else's name on it.



To men it looks like, because he never actually told them his name was "John Smith" or whatever, he thinks he's fine to keep the TV.

Well, if they get the grand larceny charge to stick(in Mass, anything over $1200 is grand larceny), it is a felony that comes with a penalty for prison sentence of up to 5 years and a $25,000 fine. However, this is if the shipping company was telling the truth(there should be records of it) and there isn't anything else that comes out between now and the trial.

Remember kids, the old adage is true here. If it is too good to be true, it probably is. Right now there are way too many unknowns and assumptions to make an factual statement either way.

[Spl4sh3r]

Depends on the information on the package. I mean if it says my name, then it is legally mine, isn't it? If the adress is correct, but it is another name, then I might be unsure, unless it is the previous tenant that is. If it is the wrong adress on it and still got delivered to me then it is the postal service that is at fault and they get to pick it up again.

[Bryntrollian]

It happened with an expensive GPU for me, so it might; actually.

- - - Updated - - -



the delivery company doesn't get to decide that, and the cops shouldn't either if Amazon said he could. They take it up with Amazon, not him.

If he can prove that with record of the correspondence he had with Amazon then that is what will happen.

[draynay]

According to the article, the delivery company claimed, to the police, that they delivered two TVs, the right and the wrong, instead of the truth that they only delivered the wrong TV.

But still, come on dude... if people want to be sneaky and try to keep the wrong thing, that's their decision I guess, but when the company and the police are coming round trying to recover it, better to just give up the dream than to get locked up.


edit - if he got two TVs and signed for two TVs then he deserves whatever they come after him with, I'm highly skeptical that Amazon was OK with giving away an entire extra TV.

[Chakah]

12 pages and so much wrong information and people pretending to be lawyers. IANAL, but I worked with/for them for many years.

So much bad information here - Federal and his state laws agree that if you receive an 'incorrect' delivery, it is winning the lottery and considered a gift.
https://www.mass.gov/guides/a-massac...hts#other-tips

If you receive merchandise you didn’t order or request, it’s yours to keep, so long as it clearly isn’t a delivery error (ie: it’s your neighbor’s package). Although you are not legally obligated, you may wish to notify the sender that you intend to keep the merchandise as a gift to avoid possible problems, such as the sender trying to bill you for the merchandise.

https://www.consumer.ftc.gov/article...ed-merchandise

Q. Am I obligated to return or pay for merchandise I never ordered?

A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.

However, an important part of the story and what the cops may have acted upon was this:

Memmo signed for the incorrect delivery

WHAT did he sign? Was it a statement that we has responsible for paying for the delivered merchandise?
Thats what I did last time I had furniture delivered.

If so, thats a contract with the delivery company and he's in trouble. If it just was an acknowledgment of receipt, the TV is free.

[jcf190]

12 pages and so much wrong information and people pretending to be lawyers. IANAL, but I worked with/for them for many years.

So much bad information here - Federal and his state laws agree that if you receive an 'incorrect' delivery, it is winning the lottery and considered a gift.
https://www.mass.gov/guides/a-massac...hts#other-tips


https://www.consumer.ftc.gov/article...ed-merchandise




However, an important part of the story and what the cops may have acted upon was this:


WHAT did he sign? Was it a statement that we has responsible for paying for the delivered merchandise?
Thats what I did last time I had furniture delivered.

If so, thats a contract with the delivery company and he's in trouble. If it just was an acknowledgment of receipt, the TV is free.

All this information assumes that the item was addressed to you, not someone else.

[Chakah]

All this information assumes that the item was addressed to you, not someone else.

From the video you can see his name and address:


and that it was 1 delivery of 2 items:

[zhero]

According to the article, the delivery company claimed, to the police, that they delivered two TVs, the right and the wrong, instead of the truth that they only delivered the wrong TV.

But still, come on dude... if people want to be sneaky and try to keep the wrong thing, that's their decision I guess, but when the company and the police are coming round trying to recover it, better to just give up the dream than to get locked up.

he should win in court. the delivery company messed up, gave him the wrong item, its their fault, not his.