Ethical/legal question. Opinions welcome.

[WillVT]

Ok. Here's the story. A few weeks ago, we ordered a new phone for my wife. I got it through Best Buy, since their prices were much better than going through the At&t website. So, I placed the order, and it said the phone would arrive in about 4 days. I check the tracking now and then, and it says a label was created with Fedex. It stayed this way for about a week and a half past the original estimated arrival date.

I wasn't too concerned, but I called Best Buy just to see what was up. They said the order was "stuck" and that they would reship it. Sounds good, I say.

About 2 days later, it arrived. All good. I activated the phone, and now my wife is a happy camper.

Then, the next day, today, another package arrives, this time with UPS, from Best Buy. Inside, another phone. I assume this was the first shipment, which became "unstuck." Although how or why it switched to UPS, I'm not sure. Maybe this was actually the reshipped one?

Anyway, we now have another identical phone, and not a cheap one. (Galaxy S9)

What should I do here? My first thought was to just sit on it for a little while and see if Best Buy or At&t contact us about it.

One more detail, in the original order, which said it was shipping Fedex, said it need to be signed for. The first phone that arrived with Fedex, was just left at the door. The second one, with UPS had to be signed for.

Thoughts?

 

[UncleBingo]

Contact them and ask for a call tag to return it. If they don't send one, I think it may be yours...

 

[hjames]

Wait 2 weeks - see what happens next.
Then wait 2 more weeks.

 

[bowtie427ss]

Were it not quite so high dollar of an item, i'd be willing to bet that if you contacted them in an attempt to return one, their business model has no provision for that. Other businesses include a return shipping label in every shipment.

 

[Yamaki]

Send one back before you get charged for two.

 

[meggy]

Call BB and ask them what they want to do about it.

 

[Scout2015]

Check with the FTC. Supposedly if an incorrect package is shipped to you, it's yours and considered a gift.

Source: https://consumerist.com/2012/12/05/when-we-ordered-one-ipad-and-best-buy-sent-five/

 

[WillVT]

Check with the FTC. Supposedly if an incorrect package is shipped to you, it's yours and considered a gift.

Source: https://consumerist.com/2012/12/05/when-we-ordered-one-ipad-and-best-buy-sent-five/

Huh. That's interesting. Especially this sentence:

Legally, anything that is shipped to your home is yours to keep. This is in order to prevent companies from shipping you merchandise that you never asked for, then hounding you for the money.

I will probably contact Best Buy. Worst case, they send me a shipping label and I send it back, end of story. Best case, they say keep it. Or, somewhere in the middle, they say thanks for being honest, and give me a gift card or something.

I think if I kept it without saying anything, I would always be worried that I would suddenly get a bill for $700. Also, I would probably feel a tad guilty.

 

[WillVT]

According to the FCC, I can't be charged with the unordered phone.

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

 

[Scout2015]

According to the FCC, I can't be charged with the unordered phone.

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

Nice!

 

[sKiZo]

Unless maybe it was a good faith gesture on the part of the seller to rectify a mistake that never happened?

WWJD?

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.
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(Who Wants Jack Daniels?) <G>

 

[Scout2015]

(Who Wants Jack Daniels?) <G>

If you're buying

 

[4-2-7]

Ethical/legal question. Opinions welcome.

^^^This is a oxymoron

I think you already know what's right to do, but will you should be the question.

 

[Archguy]

According to the FCC, I can't be charged with the unordered phone.

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

You did order the phone. When it didn't arrive in time, you complained and they quickly sent you another one in an attempt to keep you happy. Is this really a dilemma?

 

[ETLS]

I'm thinking, ship it.



The Jack Daniels

 

[WillVT]

You did order the phone. When it didn't arrive in time, you complained and they quickly sent you another one in an attempt to keep you happy. Is this really a dilemma?

I didn't complain at all. I just asked in a very cordial way, why the shipping status hadn't changed in a week and a half. I didn't make any demands or anything. They just asked for the order number, and before I could say much more, said they had reordered it.

 

[Scout2015]

Huh. That's interesting. Especially this sentence:

Legally, anything that is shipped to your home is yours to keep. This is in order to prevent companies from shipping you merchandise that you never asked for, then hounding you for the money.

I will probably contact Best Buy. Worst case, they send me a shipping label and I send it back, end of story. Best case, they say keep it. Or, somewhere in the middle, they say thanks for being honest, and give me a gift card or something.

I think if I kept it without saying anything, I would always be worried that I would suddenly get a bill for $700. Also, I would probably feel a tad guilty.

There you go - it's a good plan.

 

[grillebilly]

I have had more than one of something shipped to me before. Both were honest mistakes made by the seller it was ordered from. I contacted both of them. One came and got the product, the other made me a deal I couldn't refuse to buy it.
In my mind not contacting them is stealing. It's like watching somebody drop their wallet and not saying anything, then picking it up.
Like was mentioned earlier, legal and ethical don't always align with each other. Karma always wins out in the end.

 

[Oerets]

You only paid for one phone, right?

You know what is the right thing to do.

If not then, I can't help you.

 

[Archguy]

I didn't complain at all. I just asked in a very cordial way

The word 'complaint' has a legal definition in that it begins a course of action and demands a response. I was not referring to the tone of voice you used in your telephone call, about which I know nothing.