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.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.Memmo was charged with larceny Over $1,200 by false pretense and misleading a police officer.
“The biggest communication problem is we do not listen to understand. We listen to reply,” Stephen Covey.
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.
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
Last edited by Witchblade77; 2019-03-23 at 07:10 PM.
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.
Last edited by Evil Midnight Bomber; 2019-03-23 at 07:27 PM.
“The biggest communication problem is we do not listen to understand. We listen to reply,” Stephen Covey.
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.
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.
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.
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.
Last edited by draynay; 2019-03-24 at 01:31 AM.
/s
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-merchandiseIf 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.
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:
WHAT did he sign? Was it a statement that we has responsible for paying for the delivered merchandise?Memmo signed for the incorrect delivery
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.