Free MacBook Pro By Mistake?

[mawsoccer]

It all begins with my new MBP that I custom ordered on the 15th of October (1 day after the new release). It came to me with scratches and a loose battery cover right out of the box. I then set up a Cross-Ship RMA (So I would have something to work on. Also, I never though I would holding onto the charge for so long.) through Apple in which they simply had me order another one through the phone. That one was even worse when it came right out of the box. I then RMA'd it for a 3rd machine (sent it in and waited for another one without any new charges). That one came with a nice little dent right out of the box. RMA'd it for my 4th and final machine that came to me last week. (FINALLY ONE THAT ACTUALLY LOOKED NEW OUT OF THE BOX).

At this point is has been well over a month since my initial purchase. I now proceeded to follow up on a return that I had set up weeks ago for the 1st machine (the one that I kept throughout the return process). I shipped it off at the end of the week and it got to Apple yesterday. I woke up this morning and found an email in my inbox stating that Apple had sent out another machine from China for me. My immediate thought was that they misinterpreted my return for another RMA. I called Apple and got a really nice sales person that actually went through my 10+ invoices and RMAs and returns for this case with his supervisor and determined that the refund had been cleared from Apple's side... so I am still waiting for Discover to finish holding it or whatever, but then I finally have my money back and have the one machine that I intended to order and receive new out of the box like it should be.


So... after looking through all that stuff, they determined that the stray Macbook that I received an email with tracking info for this morning was still on its way. Obviously someone misinterpreted my extremely convoluted case file and sent another one ... or maybe they felt that I needed some compensation for the countless hours I spent talking to them about this wretched case?

Anyway... the sales rep and his supervisor told me that they were not going to say anything about that stray MacBook to anyone because they felt that I deserved something for my crappy service from Apple and because they said there is no bill attached to the shipment whatsoever. They also said that they couldn't legally ask me to return it.

Now, my mom, whose credit card the charges had been placed on for the second order (and who is thoroughly pissed at me and Apple for the crock that took place) is EXTREMELY WARY that if I keep this stray macbook, Apple will track me down in the future and put me in Jail or charge me, or something to that effect.

Anyone have an experience similar to this?

Any lawyers out there that can enlighten me as to any repercussions that might take place if I keep this stray MacBook?

Can Apple legally go after me for an error on there part after all the crap that I have just gone through with them for the past month and a half?

Post away please!

 

[codyst]

Congrats

Keeping your calm through something like that just paid off apparently lol..

 

[jmann]

I would be super excited and keep it. If they say they want it back, send it back, if not then it is their fault.

 

[mawsoccer]

I would be super excited and keep it. If they say they want it back, send it back, if not then it is their fault.

The sales rep said that they couldn't force me to return it... so I'm interpreting that as a send it back if you want to kind of thing.

But you guys don't think they could legally go after me for keeping it?

 

[rychencop]

they (Apple) can come after you (charging the credit card again or criminally) at a later date if they discover the error. it does not matter if it was their screw up or not. you know that you did not pay for 2 laptops and you would be held liable. personally if i were you i would contact apple if you do indeed receive a second and ask what they would like you to do. being honest always pays off. hell who knows, they may tell you to keep it. you never know.

do the right thing dude.

 

[Warranty Voider]

The sales rep said that they couldn't force me to return it... so I'm interpreting that as a send it back if you want to kind of thing.

But you guys don't think they could legally go after me for keeping it?

They could if they really wanted to, but the sales rep said that it was fine, so I highly, highly doubt that they will find out. Even if someone does find out, they wouldn't take any action because it's just one small laptop. It's way too much trouble for them to go through for just one laptop.

What are you going to do with the second MBP?

 

[chainprayer]

wait a few months to be sure all is ok, then sell it!

 

[KyPosey]

id contact apple.

 

[mawsoccer]

they (Apple) can come after you (charging the credit card again or criminally) at a later date if they discover the error. it does not matter if it was their screw up or not. you know that you did not pay for 2 laptops and you would be held liable. personally if i were you i would contact apple if you do indeed receive a second and ask what they would like you to do. being honest always pays off. hell who knows, they may tell you to keep it. you never know.

do the right thing dude.

That is pretty much what I did do. It is for sure still coming, and I was talking to the sales rep and his supervisor directly on the phone. I said "There is no way Apple could go after me for this?" or something to that effect and he said that they wouldn't be reporting it, so it is likely Apple would never find out.

I did get the guys first name and extension. I tried to contact him to question him further on the matter, but his phone just kept ringing. I'll try back later. I think it may set my parents mind at ease if they can question him and get the same responses I was getting. I'm not stupid, but my parents think he is secretly trying to get me to keep it or something so that Apple can put me in Jail or charge for it or something like that which sounds completely ridiculous.

They could if they really wanted to, but the sales rep said that it was fine, so I highly, highly doubt that they will find out. Even if someone does find out, they wouldn't take any action because it's just one small laptop. It's way too much trouble for them to go through for just one laptop.

What are you going to do with the second MBP?

I don't know, I was in the process of phasing out my parents PC for an iMac (Make it easier to chat and help them when I'm away at college next year (Remote Desktop )) which came today, so I think I might either replace my grandparents PC with it or sell it and then buy an another iMac to replace it, then use the money for other things (probably technology related).

The iMac that I just bought for my rents was going to be coming out of my pocket, so it would be nice if I could pay that off and get another iMac for my grandparents.

I always recommend Apple computers to my customers (I do some computer consulting on the weekends) when they have a crappy old PC and are thinking about buying a new computer.

 

[LemmycautioN]

A very similar thing happened to me. Right now I have 2 macbook pros, only one of which is paid for. Apple called me the day after I received the second one and I told them that I had it. I figured that if I was to keep the second MBP (which would of course be totally unethical) apple would eventually find out about it.

 

[alphaod]

wait a few months to be sure all is ok, then sell it!

That's just bad. I mean if he keeps it, as least it's not his fault, but to sell it is taking it a bit far.

Personally I'd return it, but only on the condition that they pay shipping.

 

[mawsoccer]

A very similar thing happened to me. Right now I have 2 macbook pros, only one of which is paid for. Apple called me the day after I received the second one and I told them that I had it. I figured that if I was to keep the second MBP (which would of course be totally unethical) apple would eventually find out about it.

So... why do you still have 2 if you told them you had a 2nd one that you didn't pay for?

Did they let you keep it?

Your story doesn't make a whole lot of sense as it stands right now... please elaborate on it.

Thanks!

 

[six.four]

okay. If there wasn't any paperwork attached to the MBP, you'd be good to go. If it just showed up at your door free of any strings and it has your name and address on it, it is yours.

However, this is not the case for your current situation. You initiated terms for an exchange and the exchange terms require you to return the defective unit you will not be keeping. Because of these terms you agree to in order to receive a cross ship replacement, you are technically legally responsible to return the laptop. The supervisor saying they cannot legally tell you to return it doesn't know what he is talking about. If you do not return the laptop - Apple is legally able to charge your card for the cost of the replacement you did not return.

Furthermore, there is paperwork attached to the laptop. As sloppy as a company might be, Apple is not in the game of giving away free laptops. If there was no paper trail, it'd be easier to play dumb, but there is a string of paperwork involved that connects the laptop to your case and back to you.

Even if the CSR idiotically tells you can keep the computer does NOT mean you are free of your contractual obligations. You are still bound to the terms initially agreed upon. In order to get this laptop free of any issues, you would need something in writing from a person who is in power to change the terms of your initial agreement. Contrary to what it may seem, the supervisor "turning the other way" does not help your cause. It just means the supervisor can play dumb if anything happens and you'll be left without any legal protection.

They CAN choose to ignore it altogether, but if apple ever wanted their laptop back, you are legally responsible to return it. If you don't, they can legally charge you for the laptop. If you cancel your credit card to prevent that from happening, they can send creditors your way.

 

[synth3tik]

I really think the safest thing to do would be to ship it to me. I will hold onto it.

 

[lamadude]

Just keep it and delete this thread to destroy the evidence

 

[mawsoccer]

okay. If there wasn't any paperwork attached to the MBP, you'd be good to go. If it just showed up at your door free of any strings and it has your name and address on it, it is yours.

However, this is not the case for your current situation. You initiated terms for an exchange and the exchange terms require you to return the defective unit you will not be keeping. Because of these terms you agree to in order to receive a cross ship replacement, you are technically legally responsible to return the laptop. The supervisor saying they cannot legally tell you to return it doesn't know what he is talking about. If you do not return the laptop - Apple is legally able to charge your card for the cost of the replacement you did not return.

Furthermore, there is paperwork attached to the laptop. As sloppy as a company might be, Apple is not in the game of giving away free laptops. If there was no paper trail, it'd be easier to play dumb, but there is a string of paperwork involved that connects the laptop to your case and back to you.

They CAN choose to ignore it altogether, but if apple ever wanted their laptop back, you are legally responsible to return it. If you don't, they can legally charge you for the laptop. If you cancel your credit card to prevent that from happening, they can send creditors your way.

No, no no... the cross ship RMA is on the 2nd machine. I sent back the 1st machine last week... there are no RMAs on that order and l have a feeling that Apple thought I was sending it in for a replacement instead of a return, even though the return was already set up.

There are no more machines to return, that one is a replacement for one that was already sent in.

Please read carefully, although its obviously confusing as hell as it is from my story and from Apple's record.

 

[mawsoccer]

Just keep it and delete this thread to destroy the evidence

There is no evidence on this thread. Apple cannot simply look at this thread and know who I am unless MacRumors gives them my private info, which would be illegal?

 

[benlee]

I doubt Apple would "come after to criminally". It would cost them more than a laptop in the long run.

However, for your ease of mind call up Apple. I would ask for "customer relations" and tell them the situation and that you were told that you should just keep it for your troubles but that you wanted to make sure the rep had authority to tell you that because although you believe you are entitled to something for compensation you are not willing to get into any trouble over acquiring it.

Hopefully they will tell you to keep it. If they do say to return it tell say something like "well don't you think I should get SOME compensation for my troubles even if it isn't a laptop?"

Believe me, you will likely get SOMETHING..if not a laptop.

GOOD LUCK...let us know how it pans out.


Or just keep it and in the unlikely event they say something just tell them you were told by the Rep to keep it. Keep him contact info for your records. thats your story and stick to it.

 

[six.four]

There is no evidence on this thread. Apple cannot simply look at this thread and know who I am unless MacRumors gives them my private info, which would be illegal?

I'm certain he was just kidding.

---------------------

Your story is confusing - and quite frankly, I'm too lazy to try read through all of it. Regardless, the purpose of the extra laptop being sent to you was either as an exchange or a replacement. We can all agree that the purpose was not to give you a free laptop.

That alone is enough as a legal basis to hold you accountable for the extra laptop that needs to go back. If it was a clerical error, then you may be free of legal obligations, but speculation doesn't help your case. Seeing as how the CSR's you spoke with are being sheepish and "looking the other way", you'll have a hard time finding someone who will step up and authorize you a free laptop on record.

Also, getting names and numbers with out any real records doesn't mean squat. I remember a class action lawsuit many years ago when there was voice recorded evidence of a CSR giving misinformation - didn't hold up in court.

There isn't anything criminal going on here btw. The absolute worse they can do is send creditors - but they will most likely just ask you to send the laptop back.

 

[abijnk]

If you receive the second machine in error you really should call Apple (again!) and ask them what to do. This is at minimum a $2000 'for your troubles' gift which I think we all know is over the top. Free apple care or Mobile Me? Sure, very reasonable. Free laptop? I think it is obvious that it is unethical.

I also think that you posting this thread asking for advice shows that you know it isn't as simple as "Oh well, might as well keep it," and I'd be willing to bet that you'd feel at least a little bad if you didn't at least try to return it.

In the past, I have had companies send me the wrong item or something like that and when I call them they are like "whatever, keep it, we just won't honor the warranty since we didn't get paid for it." So, you never know what might happen.

Do the right thing.

 

[mawsoccer]

I'm certain he was just kidding.

---------------------

Your story is confusing - and quite frankly, I'm too lazy to try read through all of it. Regardless, the purpose of the extra laptop being sent to you was either as an exchange or a replacement. We can all agree that the purpose was not to give you a free laptop.

That alone is enough as a legal basis to hold you accountable for the extra laptop that needs to go back. If it was a clerical error, then you may be free of legal obligations, but speculation doesn't help your case. Seeing as how the CSR's you spoke with are being sheepish and "looking the other way", you'll have a hard time finding someone who will step up and authorize you a free laptop on record.

Also, getting names and numbers with out any real records doesn't mean squat. I remember a class action lawsuit many years ago when there was voice recorded evidence of a CSR giving misinformation - didn't hold up in court.

There isn't anything criminal going on here btw. The absolute worse they can do is send creditors - but they will most likely just ask you to send the laptop back.

Wouldnt my conversation have been recorded on their end? The rep said multiple times that I could choose what to do with it.

 

[six.four]

Wouldnt my conversation have been recorded on their end? The rep said multiple times that I could choose what to do with it.

evidence is useless if you don't have it.

If you do get them to go on record - be as blunt as you can be. Make them say straight up that they acknowledge that you are getting a laptop for free and they authorize it on record - not "you can choose what you want to do". Also make sure you get their name, title and any other relevant information.

 

[MowingDevil]

There is no evidence on this thread. Apple cannot simply look at this thread and know who I am unless MacRumors gives them my private info, which would be illegal?

Nothings illegal anymore after the Patriot Act.
Big Brother has taken note.

I'd do what alphaod said, return it if they'll pay for the shipping. You didn't pay for it so you'll be free & clear and not have to worry about it, sounds like your parents will be concerned over this if you keep it.

 

[rsowers81]

if you want to make sure you can keep it email sjobs@apple.com
that would be steve.

 

[scottsdomain]

My thoughts

1) Your could just not accept the package when it arrives (not sure if you already received it).

2) If you already accepted the package if they will pay for it return it, if not keep it. (sounds like you already called)

3) If you were really worried about it try to get something in writting an email or something similar from a manager.

If keeping it is the option (which sounds like it is) I would keep it close (parents, grandparents, etc) so if a big stink was made later it could easily be returned. Also letting whomever is using it that this could be happen.

Since it didn't happen to me I can not say what I would do...

Just a thought, but did you figure out a loophole on how we can get a "free" laptop accidently on purpose?