Shipped to Wrong address, Iphone stolen!

[wadejc85]

I really hope you get this settled!

This reminds me of the case in NYC when a lady called UPS (I think) saying that 2 iMacs weren't delivered to her house when online tracking said they were. She had the person's signature through UPS and said it wasn't hers or anyone who lived at the address. UPS basically said tough luck, but Apple said they'd help her through it. I don't know what ever happened...

 

[ubersalad]

I had a package from Nike delivered to the wrong apartment. A female named jessica signed for it according to the online ups tracking. I don't know why she did it had my name and apartment number on it. Ups knew it was their fault so the driver kept on going to the apartment till someone answered. I got my package back unopened 3 days later. Why she signed for something that was not hers Beats me. I felt she wanted to keep it. My advice is to get the police involved, don't let them of easy. Good luck.

People mistakenly deliver stuffs to my address every so often, but I always feel that it isn't my responsibility to make the effort and return the stuffs. Usually the package will sit by the front door for days or even weeks, then I make the attempt to get rid of it...

 

[bluenoise]

Man this really sucks. I hope the folks at the wrong house will do the ethically-correct thing. However, I thought there was a law that said that anything you receive via shipment is yours to keep, if you didn't order it. There was an ad on TV many years ago showing an Eskimo getting a fan he didn't order, but he is legally entitled to keep it.

I think the people that received the iPhone addressed to their house get to keep it, according to law. Of course, the harsh lesson here is to make sure you address your shipments correctly.

 

[nickspohn]

Whenever Fedex delivers something to my house worth any value (like $100+) they always have asked for my first and last name, and then i sign it. I don't really understand how this happened in the first place, but hey, you have to love the world we live in. Since it's Harlem too it's pretty much makes sense that someone would sign for something they didn't know about and then keep it hostage.

Call and harass the police, or just take it to small claims. Get the signature from Fedex of the guy who signed it, and chances are it will match someone's at the house.

 

[bluenoise]

Man this really sucks. I hope the folks at the wrong house will do the ethically-correct thing. However, I thought there was a law that said that anything you receive via shipment is yours to keep, if you didn't order it. There was an ad on TV many years ago showing an Eskimo getting a fan he didn't order, but he is legally entitled to keep it.

I think the people that received the iPhone addressed to their house get to keep it, according to law. Of course, the harsh lesson here is to make sure you address your shipments correctly.

Here's what some Googling turned up: They get to keep it since you shipped it to their house without them ordering it.

 

[CrosshairDF2]

... However, I thought there was a law that said that anything you receive via shipment is yours to keep, if you didn't order it. There was an ad on TV many years ago showing an Eskimo getting a fan he didn't order, but he is legally entitled to keep it.

I think the people that received the iPhone addressed to their house get to keep it, according to law. ...

I think the fine print to that is:

If you receive something addressed to "you" that you didn't order, then it is a keeper. If you receive something with someones else's name on it that you you didn't order, then you can't keep it.


If I get someone else's AT&T wireless bill with my address on it, I'm sending it back!!!


.

 

[bluenoise]

I think the fine print to that is:

If you receive something addressed to "you" that you didn't order, then it is a keeper. If you receive something with someones else's name on it that you you didn't order, then you can't keep it.


If I get someone else's AT&T wireless bill with my address on it, I'm sending it back!!!


.

Yeah, I don't know what the story with that would be. If the name doesn't match the address, who's responsible? The delivery company? The recipient? I doubt either holds the responsibility, but it's an interesting wrinkle.

 

[huskerwr38]

Um, you do know Command-C, Command-V, and Command-P?

How about double checking? Heck, I double checked when shipping something worth $10.

Harlem is the ghetto. It's likely the phone has already been sold, similar to the case of the BLVD.

Police might resolve it but they have better things to do, otherwise file small claims. But I doubt the person signed it with their real name.

Um, not my fault, it was addressed Columbia Way, not BLVD. Fedex's fault.
Also, if something is delivered to your house that doesn't have YOUR name on it, it's a federal offense to open it, let alone keep it. I don't live in that great of a neighborhood anyways, so I wouldn't trust ANY of my neighbors. But, I'm a good natured person and it didn't even cross my mind that I wouldn't get the phone back. I just thought they would be good people and give it back, but I was naive and wrong.

 

[Druppy]

So I had a police officer go over there, and I guess the dad got so mad and was getting in the officers face he had to tase him in front of his wife and kid.

Having that douchebag steal your phone was worth it for this outcome. I would happily buy a new phone knowing a thieving douche got tased. I wish that kid that started the thread earlier about how stealing software is okay because everyone does it would get tased to. As a developer it would make my day.

 

[ubersalad]

Here's what some Googling turned up: They get to keep it since you shipped it to their house without them ordering it.

You didn't read very far down...

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

 

[samiwas]

If you receive something addressed to "you" that you didn't order, then it is a keeper. If you receive something with someones else's name on it that you you didn't order, then you can't keep it.

I think this is a loophole. The FTC site says you can offer to send it back, even if it's an honest shipping mistake, but it doesn't seem like you are required to.

That is a crappy-written law. The law itself is great, to not allow companies to bombard people with products then try to charge them. But to not allow for honest shipping mistakes, and saying the individual can keep whatever was shipped to them (especially by another individual) mistakenly, is ridiculous.

 

[bluenoise]

You didn't read very far down...

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

Oh I got that far just fine. In fact, I passed this paragraph on the way there:

IF I KEEP UNORDERED MERCHANDISE FOR FREE, MUST I NOTIFY THE SELLER?

While you have no legal obligation to do so, sending a letter stating
your intention to keep the shipment as a free gift is an advisable
precaution. Your letter may discourage the seller from sending you
repeated bills or dunning notices, or it may help to clear up an
honest error. You may want to send your letter by certified mail and
keep the return receipt and a copy of the letter. This will help you
to establish later, if necessary, that you did not order the
merchandise.

 

[Consultant]

Here's what some Googling turned up: They get to keep it since you shipped it to their house without them ordering it.

WRONG. You cannot ask for payment from the wrong address, but they have to contact the sender because the sender did NOT send it in their name.


From FTC website.
Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

Um, not my fault, it was addressed Columbia Way, not BLVD. Fedex's fault.
Also, if something is delivered to your house that doesn't have YOUR name on it, it's a federal offense to open it, let alone keep it. I don't live in that great of a neighborhood anyways, so I wouldn't trust ANY of my neighbors. But, I'm a good natured person and it didn't even cross my mind that I wouldn't get the phone back. I just thought they would be good people and give it back, but I was naive and wrong.

Federal offense only for USPS (United States Postal Service).

The OP did not use USPS. Fedex is a private company.

Within the U.S. I always use USPS. It's a federal crime to temper with USPS packages.

 

[bluenoise]

WRONG. You cannot ask for payment from the wrong address, but they have to contact the sender because the sender did NOT send it in their name.


From FTC website.
Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

The portion you quoted does not say anyone HAS to do it. Please include the text that says it is illegal to not contact the shipper who made the honest mistake.

I think the FTC is simply appealing to the honesty of most folks and providing a way for ethical/honest people to "do the right thing." That's why I said, "I hope the folks at the wrong house will do the ethically-correct thing," in my first post above.

 

[ubersalad]

The portion you quoted does not say anyone HAS to do it. Please include the text that says it is illegal to not contact the shipper who made the honest mistake.

I think the FTC is simply appealing to the honesty of most folks and providing a way for ethical/honest people to "do the right thing." That's why I said, "I hope the folks at the wrong house will do the ethically-correct thing," in my first post above.

FTC website is talking about two different things. First is to protect the consumers from scams, and the second appears to be implying that if it's a honest mistake, shipper may have legal right to claim it.

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

 

[nickspohn]

Here's what some Googling turned up: They get to keep it since you shipped it to their house without them ordering it.

COOOL. REALLY? Wow i'm going to start sending all my bills to my neighbors.

 

[bluenoise]

FTC website is talking about two different things. First is to protect the consumers from scams, and the second appears to be implying that if it's a honest mistake, shipper may have legal right to claim it.

That specified time is completely arbitrary. The FTC suggests picking something reasonable and specific, but makes no requirement that the recipient must do this.

Where does it say the shipper may have legal right to claim it?

 

[bluenoise]

COOOL. REALLY? Wow i'm going to start sending all my bills to my neighbors.

That's completely different. You agreed to pay for the services you are being billed for. In this case, the recipient had nothing to do with that phone coming to his house.

I'm still curious what the law or FedEx would say about the recipient's name not matching anyone at that address, though.

 

[ubersalad]

That specified time is completely arbitrary. The FTC suggests picking something reasonable and specific, but makes no requirement that the recipient must do this.

Where does it say the shipper may have legal right to claim it?

I am saying that FTC is "implying" that shipper may have legal right. There's no reason to suggest a time frame, which after that time you may dispose of it. That whole line could be removed and simply said "Write the seller and offer to return the merchandise, provided the seller pays for postage and handling, or you will keep it or dispose of it."

 

[thabronx31]

Not taking anything from the OP, but whats with the comments about Harlem?
Just to let some of these ignorant people know that Harlem has been bombarded with "races" other than what your expecting in Harlem. That package could've been sent anywhere in any town and the same results would have occured. Damn, people these days.. OP, I hope you get out of this ok!!!

 

[bluenoise]

I am saying that FTC is "implying" that shipper may have legal right. There's no reason to suggest a time frame, which after that time you may dispose of it. That whole line could be removed and simply said "Write the seller and offer to return the merchandise, provided the seller pays for postage and handling, or you will keep it or dispose of it."

I agree it seems implied. I wonder how such a thing would hold up in court. I suppose one could read the actual law(s) as written, but the FAQ is about as far as I'm willing to research.

Nonetheless, I hope the seller and buyer are able to reach a satisfactory conclusion to this mess.

 

[JimmyCorrigan]

Not taking anything from the OP, but whats with the comments about Harlem?

The comments are coming from rednecks who also think that Times Square has always been disneyland. Anyone who's been to Harlem recently knows that it's far different from what it was 20 years ago.

 

[ChrisA]

There is a general principle that if something is delivered to your house unsolicited you can keep it. It's yours. If this were not true then I (or anyone) could mail some goods to your house then later follow that with a bill. Would make a salesman's job easy wouldn't it?

Next question is when exactly do goods change hands on eBay? Most auctions are considered "as is, where is". Meaning that the buyer takes possession of the goods at the place and condition they are. eBay is not a retail store it's an auction site and different rules apply. So if an item is lost in the mail it was the buyer's property that was lost.

And added to this, you made an error, or rather a gross blunder. You took payment from one person and then gave the iPhone away to a third party. I think when this get sorted out there are only two possabilities (1) You will be out the $450 you got or (2) The third party will decide to do the right thing and walk the iPhone down the street and hand it over.

 

[eplchamps0304]

People mistakenly deliver stuffs to my address every so often, but I always feel that it isn't my responsibility to make the effort and return the stuffs. Usually the package will sit by the front door for days or even weeks, then I make the attempt to get rid of it...

why would you sign for something that isn't yours?

 

[ChrisA]

COOOL. REALLY? Wow i'm going to start sending all my bills to my neighbors.

Then your neighbor would be able to keep the used paper and envelopes and would not be required to send them back to you but you'd still owe the electric utility for the power you used and you'd still have pay the bank your car payment.

What Apple should do, not just for phones but for all their computers too is have a way to remotely "brick" the device. Then these thinks would not a valuable to anyone but the registered owner and they would not be theft targets. They'd need so sure-fire, fool proff method to curb abuse of this such as only taking requests to "brick" a device in-person at an Apple store where they photograph you. Such a service would add a lot of value to Apple products