joemu@nsc-pdc.UUCP (Joe Mueller) (03/05/86)
I just got burned for the insured return postage for a set of books from the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered me is they sent me a box with an envelope attached that states "official sweepstakes entry" on it. The box is stamped "free sample enclosed". I open the box and it contains a set of four romance novels and a free steak knife. I open the envelope and it contains a #@!@&# bill for the books!! I am under the impression that if I get a product that I did not send for it's perfectly legal to keep the product. I have absolutely no desire to read or posess romance novels so I decided to send them back anyway. The mailperson wouldn't pick up the package so I went down to the post office to send it back. They claim that the "return postage guaranteed" that is stamped on the box only applies to UNOPENED parcels. Since I opened the box, I have to pay the return postage. I wanted proof that I sent the books back so I sent the books with a return receipt requested. Is this legal? Can anything be done to punish them if it isn't? I personally don't like to see them get away with this type of thing. I'm tempted to send them a bill for the $3.00 postage that they screwed me out of. I plan to file a postal fraud claim, I recommend that anyone else that receives this "free sample" file a claim also; the more that complain the better. What do you think netlanders?
earlw@pesnta.UUCP (Earl Wallace) (03/07/86)
Keep the package and when they send you another bill, ask them to prove that you received it.
rfradenb@bbnccv.UUCP (Roger Fradenburgh) (03/07/86)
In article <545@nsc-pdc.UUCP> joemu@nsc-pdc.UUCP (Joe Mueller) writes: >I just got burned for the insured return postage for a set of books from >the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered >me is they sent me a box with an envelope attached that states >"official sweepstakes entry" on it. The box is stamped "free sample enclosed". >I open the box and it contains a set of four romance novels and a free >steak knife. I open the envelope and it contains a #@!@&# bill for the books!! > >I am under the impression that if I get a product that I did not send for >it's perfectly legal to keep the product. It IS. You should've kept them or, if you didn't want them, you should've felt free to give or throw them away. Mind you, you probably would've received "second notice" bills and an assortment of threatening letters from these jokers (an outfit that sent "free" pantyhose samples to women in the Boston area a year or two ago then sent bills, 2nd notices, threats to destroy credit ratings and heart-rending appeals to the honesty of their intended victims). However, they'd have had no legal right WHATSOEVER to collect as much as one cent from you. >I have absolutely no desire to >read or posess romance novels so I decided to send them back anyway. The >mailperson wouldn't pick up the package so I went down to the post office to >send it back. They claim that the "return postage guaranteed" that is stamped >on the box only applies to UNOPENED parcels. Since I opened the box, I have to >pay the return postage. I wanted proof that I sent the books back so I sent >the books with a return receipt requested. > >Is this legal? NO!!!!!!!!!!! >Can anything be done to punish them if it isn't? I personally >don't like to see them get away with this type of thing. I'm tempted to send >them a bill for the $3.00 postage that they screwed me out of. It's too bad you've already sent back the books at your expense- You'll probably never see your $3.00 again. I don't know offhand what the punishment is for this sort of scam, but, judging from the number of outfits engaged in the practice, it's probably your basic wrist slap. Either that, or convictions are hard to get. Or both (sigh). >I plan to file a postal fraud claim. Do it! Also complain to every consumer agency/organization you can think of. Ripoff artists like these profit from people's ignorance of or uncertainty about what's legal and what's not and from the fact that, unlike themselves, most people are decent and honest (and thus feel compelled to pay for things that are mailed to them). Good luck with this. Let us all know how you make out. Roger Fradenburgh
rcj@burl.UUCP (Curtis Jackson) (03/09/86)
In article <2277@bbnccv.UUCP> rfradenb@bbnccv.UUCP (Roger Fradenburgh) writes: >It IS. You should've kept them or, if you didn't want them, you should've >felt free to give or throw them away. Mind you, you probably would've >received "second notice" bills and an assortment of threatening letters >from these jokers (an outfit that sent "free" pantyhose samples to women >in the Boston area a year or two ago then sent bills, 2nd notices, threats >to destroy credit ratings and heart-rending appeals to the honesty of >their intended victims). However, they'd have had no legal right >WHATSOEVER to collect as much as one cent from you. Yes, but they would have every "right" to put a nasty mark on your credit record until you proved them wrong, and that can be VERY costly in terms of time and effort. -- The MAD Programmer -- 919-228-3313 (Cornet 291) alias: Curtis Jackson ...![ ihnp4 ulysses cbosgd mgnetp ]!burl!rcj ...![ ihnp4 cbosgd akgua masscomp ]!clyde!rcj
cosmos@druhi.UUCP (GuestRA) (03/10/86)
In article <545@nsc-pdc.UUCP>, joemu@nsc-pdc.UUCP (Joe Mueller) writes: > I just got burned for the insured return postage for a set of books from > the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered > me is they sent me a box with an envelope attached that states > "official sweepstakes entry" on it. The box is stamped "free sample enclosed". > I open the box and it contains a set of four romance novels and a free > steak knife. I open the envelope and it contains a #@!@&# bill for the books!! > > I am under the impression that if I get a product that I did not send for > it's perfectly legal to keep the product. I have absolutely no desire to > read or posess romance novels so I decided to send them back anyway. The > mailperson wouldn't pick up the package so I went down to the post office to > send it back. They claim that the "return postage guaranteed" that is stamped > on the box only applies to UNOPENED parcels. Since I opened the box, I have to > pay the return postage. I wanted proof that I sent the books back so I sent > the books with a return receipt requested. > > Is this legal? Can anything be done to punish them if it isn't? I personally > don't like to see them get away with this type of thing. I'm tempted to send > them a bill for the $3.00 postage that they screwed me out of. > > I plan to file a postal fraud claim, I recommend that anyone else that receives > this "free sample" file a claim also; the more that complain the better. > > What do you think netlanders? You are under no obligation to pay for anything you receive in the mail unsolicited. It can be considered a free gift.
daver@felix.UUCP (Dave Richards) (03/10/86)
In article <545@nsc-pdc.UUCP> joemu@nsc-pdc.UUCP (Joe Mueller) writes: >I just got burned for the insured return postage for a set of books from >the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered >me is they sent me a box with an envelope attached that states >"official sweepstakes entry" on it. The box is stamped "free sample enclosed". >I open the box and it contains a set of four romance novels and a free >steak knife. I open the envelope and it contains a #@!@&# bill for the books!! > I feel that sometimes the best action is NO action. In the above case, I would have thrown the stuff in a closet somewhere and waited. If I hadn't heard anything from the company in about 2 months, I would have kept the stuff. If I kept getting billed for it, I would have sent their bill back with a letter stating, "I have the merchandise. If you desire, you may come by and pick it up between the hours of (xx) and (xx) on any day you wish. If you prefer, I will send the material back to you if you first remit to me the postage in the amount $x.xx." Dave "never put off procrastinating" Richards
kdj@teddy.UUCP (03/11/86)
I remember reading that: If you receive a package via mail AND did not ask for it, you can consider it a gift. You are under no obligation to return it, or pay for it. (NOTE: I am not a lawyer, but it does seem to me that the above makes sense.)
hollombe@ttidcc.UUCP (The Polymath) (03/11/86)
In article <545@nsc-pdc.UUCP> joemu@nsc-pdc.UUCP (Joe Mueller) writes: >I just got burned for the insured return postage for a set of books from >the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered >me is they sent me a box with an envelope attached that states >"official sweepstakes entry" on it. The box is stamped "free sample enclosed". >I open the box and it contains a set of four romance novels and a free >steak knife. I open the envelope and it contains a #@!@&# bill for the books!! You burned yourself. As you noted, postal regulations state you're under no obligation to pay for unsolicited merchandise. If you didn't want the books you could have trashed them or given them away. Spending the time and money to return them was _your_ idea. -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ The Polymath (aka: Jerry Hollombe) Citicorp(+)TTI 3100 Ocean Park Blvd. Geniuses are people so lazy they Santa Monica, CA 90405 do everything right the first time. (213) 450-9111, ext. 2483 {philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe
wmartin@brl-smoke.ARPA (Will Martin ) (03/12/86)
The original poster stated that he/she had resealed the package and *took it to the post office* to send back. Now, while I agree with the other respondents who stated that he/she had no real duty or requirement to send the junk books back, I can empathize with him/her in wanting to be rid of the entire matter and not think about it any more. So, what he/she should have done is to keep the free steak knife, re-seal the package in such a manner that his/her name & address are no longer visible, but can be seen when it is opened, mark it "Return to sender" with a big arrow pointing to the return address, and *drop it in a mailbox*. In this case, the USPS would deliver it back to the sender, since they could not have hassled or snowed the individual about the postage. Will
jeanette@randvax.UUCP (Jeanette Haritan) (03/13/86)
>You are under no obligation to pay for anything you receive in the >mail unsolicited. It can be considered a free gift. Does this include EVERYTHING? For example, in October 85 I had my second child. It seems that some professional photo studio takes it upon themselves to take pictures (unordered) of the babies. I didn't know about this until a couple of weeks later when UPS came to the door with a nice little package. Not knowing what it contained (a gift?? for me!!?), I signed the ledger. When I opened the package, lo and behold, there was this little face squinting up at me (baby pictures). Also in the package was a bill for $37 some-odd dollars. I never used the pictures...I mean, these were really bad pictures...I took my own, but I never sent them back. They are just collecting dust at home. However, I never heard from the photo studio either, which indicates there is nothing to worry about, given the amount of time between then and now. But I DID sign for them. Does that mean anything? -- jeannette haritan yeah sure
bzs@bu-cs.UUCP (Barry Shein) (03/16/86)
>>You are under no obligation to pay for anything you receive in the >>mail unsolicited. It can be considered a free gift. >Does this include EVERYTHING? For example, in October 85 I had my second >child... You'll have to keep the child :-)