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It's very silly to assume this would ever get before a judge. A company isn't going to spend $25,000 on their lawyers to sue you over one phone they screwed up and sent out. This is far simpler than many are making it out to be. You can't be charged for the extra item, period. If they were stupid enough to try, you would instantly win disputing the charge. The retailer has to provide proof of purchase to make charges to your credit card, "our bad, we sent extras on mistake LOL" doesn't fly. I'm not here to preach morality, do whatever you want, but they don't have much recourse either way.

Exactly. Well said.

Everyone should do whatever you want in these situations, but there is no reason for the high horse argument as the law is pretty clear on the topic.
 
Apple sent me 2 ipp's inadvertently. Got a call at 7pm from Apple Investigations the same day as delivery.
 
Either it is legal or illegal to keep it, I'm not sure. I think a signature confirmation has a lot to do with the outcome. Years ago, my neighbor signed for a computer package that was accidently delivered to him. He kept it for a couple weeks and treat it as a free gift. But later the authority knocked on his door demanded the merchandise to be given back. At that time the computer was already given to his niece for school so he went through a lot of allegations and ended up having to pay for it back. Now what he had told me was that if he had not signed for the package and it was just left at his mailbox or his door, then they wouldn't be able to do anything. Because it was signed, the proof of possession of property that wasn't his was where he lost.
 
I am no lawyer. However, that seems pretty clear to me. I understand your assessment that it seems wrong to keep something you didn't purchase and I tend to agree. The law seems to have pretty succinctly put the burden on the shipper/seller.

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.


Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. Although you have no legal obligation to notify the seller, you may write the seller and offer to return the merchadise, provided the seller pays for shipping and handling.​

I'm not going to go researching US law :) but here in the UK the law does make a distinction between "unsolicited" goods (i.e. those which you never asked for at all) and those delivered to you "by mistake" i.e. double dispatch or similar. There are, however, plenty of websites which will tell you this isn't the case.

Actual point: The law is complex, don't make any assumptions. In this situation, do what you feel is right.
 
Either it is legal or illegal to keep it, I'm not sure. I think a signature confirmation has a lot to do with the outcome. Years ago, my neighbor signed for a computer package that was accidently delivered to him. He kept it for a couple weeks and treat it as a free gift. But later the authority knocked on his door demanded the merchandise to be given back. At that time the computer was already given to his niece for school so he went through a lot of allegations and ended up having to pay for it back. Now what he had told me was that if he had not signed for the package and it was just left at his mailbox or his door, then they wouldn't be able to do anything. Because it was signed, the proof of possession of property that wasn't his was where he lost.

I'm not sure what country this happened in but it wasn't the US. The FTC law is very clear that merchandise received but not ordered should be treated as a gift and there's no debating this.
I purchased an Xbox 360 one black Friday and I received 2, and signed for both. There is absolutely nothing the shipper can do when they accidentally made a mistake like this.
 
I'm not going to go researching US law :) but here in the UK the law does make a distinction between "unsolicited" goods (i.e. those which you never asked for at all) and those delivered to you "by mistake" i.e. double dispatch or similar. There are, however, plenty of websites which will tell you this isn't the case.

Actual point: The law is complex, don't make any assumptions. In this situation, do what you feel is right.

Absolutely.

This is a better argument than "do the right thing", because "do the right thing" is subjective and MOST people err on the side of the written law. Good points!
 
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I'm starting to think this post isn't real. If you received a 2nd $1000 phone for free, would the first thing you do be open it, take pictures of it and post pictures on a forum?

Oh wait I forgot where I am. :D
 
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Send back the one you bought for a refund, keep the other one, and you have a free phone in the end.

Just kidding - that is horrible, horrible advice!!

It's up to you what your conscience can tolerate :).
 
I ordered 1 iPhone 7 Plus 256GB black, got both of these instead? What should I do?
This happened to me in College years back. Ordered 1 MacBook Pro was delivered 2. UPS had my signature for just one but 2 were in Box from Amazon.

What did I do ?

#1. Considered calling and letting them know decided against it.
#2. Waited 6 months with Apple MacBook Pro sealed in case they caught up to me They never did.
#3. Placed multiple other orders in case their system would catch up. It never did.

Finally sold it to my big brother for super cheap. Like $400 he needed a new Computer.

Stuff like this is rare.
 
I cannot believe that anyone is even debating what you should do! Where have our morals gone seriously. Call them and tell them what happened!
 
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This happened to me in College years back. Ordered 1 MacBook Pro was delivered 2. UPS had my signature for just one but 2 were in Box from Amazon.

What did I do ?

#1. Considered calling and letting them know decided against it.
#2. Waited 6 months with Apple MacBook Pro sealed in case they caught up to me They never did.
#3. Placed multiple other orders in case their system would catch up. It never did.

Finally sold it to my big brother for super cheap. Like $400 he needed a new Computer.

Stuff like this is rare.

Let me get this straight: you SOLD the MacBook Pro that YOU GOT FOR FREE to your BROTHER?????

You're right...Stuff like this is rare.
 
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I would never be able to bring myself to keep it. I once received two packages from an eBay seller with the exact same shipping label and the other packages was not what I ordered. It was worth about $80. Contacted the seller and they sent me a shipping label for the correct person. He could not believe I contacted him about it.
 
Someone somehow accidentally mailed me a bottle of protein powder after I had just ordered the same one from eBay. I called gnc and got told to keep it and still have no clue why someone sent it to me.
 
IN ORDER TO GET CHARGED FOR 2 DEVICES -- THERE MUST BE PROOF.

THIS POST IS LIKE OTHERS THAT CAN'T DECIDE WHETHER TO PICK A 7 OR 7+ OR WHICH COLOR TO GET. UNLESS YOU ARE A 5 YEARS OLD, YOU SHOULD ALREADY KNOW WHAT TO DO.
 
If I get an extra order of french fries at McDonalds that I didn't order, I'm not giving them back. End of story.
 
No, it's not legally his. If the seller made a mistake, it's not necessarily lawful for you to take advantage of the mistake.

If the seller made a mistake, then they should pay to have it sent back, and perhaps even insured, but it would not be a good idea for you to try to keep it. You've already given the world visual evidence that you are in possession of something that is not yours.
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It's not just karma he has to be afraid of. :)

Lol don't be a white knight. It is LEGAL to keep it. Is it immoral and unethical? Yes. Nonetheless it is still legal to keep it. Yes it is the right thing to do, but if you made a mistake that foolish and you expect the person to give it back then you're about to be disappointed. The sender may kindly ask for it back but if OP doesn't want to give it back he doesn't have to. Personally if it was me I'd keep it if this was apple's mistake or a carrier's mistake. If it was an actual human being he bought it off from and the sender sent 2 by mistake then I may be inclined to give it back.
 
Lol don't be a white knight. It is LEGAL to keep it.

Federal law makes it unlawful for a company deliberately to send you something that you did not order. In former times, this was a hugely successful scam in which questionable companies engaged. This is the famous "Unsolicited Goods" exemption to theft.

But if the item is clearly an item of value and sent to you in error, the Act does not apply. You're not allowed by Title 39, United States Code, Section 3009 to keep the item sent to you in error, which means the default coverage is not federal, but state law that would allow a civil contingency.

Am I looking at that wrong?
 
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