Mistaken delivery

[DrQ]

This morning I checked our porch and found a delivery which I did not order.

There was no name or address on the box. I found two stickers and it looks as if is a Sam's Club delivery, but it may be another delivery service from Sam's Club. I get deliveries from Walmart from W+ and they usually have my name on the order. I would suspect that Sam's Club would use a similar system for their in-house delivery. The only way I could determine that it was from Sam's Club was that there was a sticker on a couple of items that had barcodes that had a Sam's Club logo.

I went across the street and asked the neighbor if they were expecting an order. This is the usual mistake that Amazon makes, but they were not expecting a delivery.

I brought in the perishables, but I left the box of non perishables on the porch. I figure if they determine the house from the picture on the delivery, they can take the package. They can ring the bell and I will get the perishables from the refrigerator.

What would you do if:

• You received the unexpected package
• You were expecting the delivery
• Would you want food that had been in somebody else's house

 

[Tia]

On Nextdoor for my area always seeing people trying to locate a misdelivered package .

 

[PigsDad]

I think most people would at least attempt to find the rightful owner of the package. And I'm not so jaded/paranoid to think that a neighbor who attempted to to find the rightful owner would tamper with the food. I would simply thank them for keeping the food safe.

Kurt

 

[DrQ]

On Nextdoor for my area always seeing people trying to locate a misdelivered package .

Yeah, we don't use those apps. If it gets loaded on your phone, it just harvests your personal data and you become the product.

 

[joestein]

I regularly get a package delivered to my home that belongs to a house in another development. About a 10 min drive from my house. The packages had the name and address listed on them, so I was able to bring the package to the correct house. After the 2nd time, I got the email address of the person whose house it was and will now send them an email that they can come and pick up their package.

 

[easyrider]

This morning I checked our porch and found a delivery which I did not order.

There was no name or address on the box. I found two stickers and it looks as if is a Sam's Club delivery, but it may be another delivery service from Sam's Club. I get deliveries from Walmart from W+ and they usually have my name on the order. I would suspect that Sam's Club would use a similar system for their in-house delivery. The only way I could determine that it was from Sam's Club was that there was a sticker on a couple of items that had barcodes that had a Sam's Club logo.

I went across the street and asked the neighbor if they were expecting an order. This is the usual mistake that Amazon makes, but they were not expecting a delivery.

I brought in the perishables, but I left the box of non perishables on the porch. I figure if they determine the house from the picture on the delivery, they can take the package. They can ring the bell and I will get the perishables from the refrigerator.

What would you do if:

• You received the unexpected package
• You were expecting the delivery
• Would you want food that had been in somebody else's house

That was very kind of you DrQ. I wouldn't worry about it too much. You can keep a package that is delivered to your house that isn't yours when there is no identifier on it. Federal law considers it a free gift and you are not obligated to return it.

This could be a scam called "brushing", where packages are sent to publicly available names and addresses. Brushing scams occur when a person receives a package from a business containing items that they never ordered. The packages will be addressed to your residence, but usually do not have a return address or have the return address of a retailer.

Bill

BBB Tip:"Brushing” scam indicates a serious problem for victims

Free boxloads of merchandise from Amazon right on your doorstep! What could possibly be bad about getting the Santa treatment all year long? Plenty! BBB is warning consumers that there is a scary downside to this recent scam.

www.bbb.org

 

[davidvel]

That was very kind of you DrQ. I wouldn't worry about it too much. You can keep a package that is delivered to your house that isn't yours when there is no identifier on it. Federal law considers it a free gift and you are not obligated to return it.

This could be a scam called "brushing", where packages are sent to publicly available names and addresses. Brushing scams occur when a person receives a package from a business containing items that they never ordered. The packages will be addressed to your residence, but usually do not have a return address or have the return address of a retailer.

Bill

BBB Tip:"Brushing” scam indicates a serious problem for victims

Free boxloads of merchandise from Amazon right on your doorstep! What could possibly be bad about getting the Santa treatment all year long? Plenty! BBB is warning consumers that there is a scary downside to this recent scam.

www.bbb.org

Do you have a cite/link for this law?

Nothing in that article said anything about any risks to the recipient in the scenarios posed. If they had your account info they wouldn't be sending ping pong balls or seeds to you to alert you.

 

[WaikikiFirst]

regularly get a package delivered to my home that belongs to a house in another development. ... now send them an email that they can come and pick up their package

SAme here. Check the address # DrQ. The ones we get have the same # but a different street. the streets here are hilly & winding so the drivers can't be bothered to figure out if they took the correct turn at some not-so-well-marked intersection. Even in a simple grid neighborhood, it could be that.

 

[WaikikiFirst]

I figure if they determine the house from the picture on the delivery

Maybe. We had a driver a while back who would leave pkgs in strange places on our property and take close-up pics of it.
So, even we sometimes had a hard time figuring out where the photo was taken.

 

[DrQ]

This could be a scam called "brushing", where packages are sent to publicly available names and addresses. Brushing scams occur when a person receives a package from a business containing items that they never ordered. The packages will be addressed to your residence, but usually do not have a return address or have the return address of a retailer.

This isn't a brushing scam. Brushing usually involves a token item, such as a packet of seeds, or a small package of hardware. This is substantial stuff, 4 lbs of fresh strawberries, 90 oz bottle of dishwashing soap, 200 trash bags ...

 

[DrQ]

SAme here. Check the address # DrQ. The ones we get have the same # but a different street. the streets here are hilly & winding so the drivers can't be bothered to figure out if they took the correct turn at some not-so-well-marked intersection. Even in a simple grid neighborhood, it could be that.

There was no address on the box or items

It is a box similar to this:

Except that it had candy advertising on it, no Sam's Club branding and it had a high rear side, like maybe a candy shipping box that becomes a display.

The only thing giving it away as Sam's Club was the "<>" logo on two barcode stickers.

 

[Shiba]

Do you have a Sams Club near you? They are now doing deliveries from the store itself with “drivers” not shipping companies. I bet it went to the wrong address. If you have a local store call them up I’m sure somebody is missing there order.

 

[easyrider]

Do you have a cite/link for this law?

Nothing in that article said anything about any risks to the recipient in the scenarios posed. If they had your account info they wouldn't be sending ping pong balls or seeds to you to alert.

I thought everyone knew this but when you get unsolicited services or goods you are not obligated to pay for them or send them back.

Bill

39 U.S. Code § 3009 - Mailing of unordered merchandise

www.law.cornell.edu

(a)
Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)
Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.

 

[DrQ]

I thought everyone knew this but when you get unsolicited services or goods you are not obligated to pay for them or send them back.

Bill

39 U.S. Code § 3009 - Mailing of unordered merchandise

www.law.cornell.edu

(a)
Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)
Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.

This was not mailed.

 

[easyrider]

This was not mailed.

I wonder if that makes any difference. In Washington the Law says this.

Bill

RCW 19.56.020​

Unsolicited goods or services as gifts.​

If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered. Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing.

 

[davidvel]

I thought everyone knew this but when you get unsolicited services or goods you are not obligated to pay for them or send them back.

Bill

39 U.S. Code § 3009 - Mailing of unordered merchandise

www.law.cornell.edu

(a)
Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)
Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.

Sorry, bar exam not passed. 39 U.S. Code Part IV is about the U.S. Mail. Regardless, Sam's Club did not send this to the recipient unsolicited, it was mis-delivered.

Your misinformation campaign continues. But you found something on the internet, that you thought meant what you thought it did, so there is that.

 

[davidvel]

I wonder if that makes any difference. In Washington the Law says this.

Bill

RCW 19.56.020​

Unsolicited goods or services as gifts.​

If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered. Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing.

You said federal law. Of course there is a difference between federal and WA state statutes .

However, you are right in a way that neither statute supports your claim that the recipient can keep it for free. The WA law is even more specific as it says "If the unsolicited goods or services are either addressed to or intended for the recipient the recipient may use them or dispose of them in any manner without any obligation to the provider."

Strange you didn't even read the law you cited. Again, Sam's Club did not intend to send these goods unsolicited. These laws are intended to thwart an old practice of sending goods to people and then billing them for the goods. Just because you think something might be, doesn't make it so.

 

[easyrider]

You said federal law. Of course there is a difference between federal and WA state statutes .

However, you are right in a way that neither statute supports your claim that the recipient can keep it for free. The WA law is even more specific as it says "If the unsolicited goods or services are either addressed to or intended for the recipient the recipient may use them or dispose of them in any manner without any obligation to the provider."

Strange you didn't even read the law you cited. Again, Sam's Club did not intend to send these goods unsolicited. These laws are intended to thwart an old practice of sending goods to people and then billing them for the goods. Just because you think something might be, doesn't make it so.

You might be right and I don't really care about this type of thing. It comes down to liability. If a shipper sends you a package that you didn't order it is the shippers liability, not yours.

Bill

 

[DeniseM]

During the early years of COVID, and then during my husband's two illnesses, we used grocery delivery services most of the time, and we found that when we got someone else's order, the store just told us to keep it, and sent the other customer a replacement order. A couple of times we discovered bags that weren't ours, mixed in with our order, while the delivery person was still there, and they said they could not take them back, and a new order would go out to the other customer.

 

[davidvel]

During the early years of COVID, and then during my husband's two illnesses, we used grocery delivery services most of the time, and we found that when we got someone else's order, the store just told us to keep it, and sent the other customer a replacement order. A couple of times we discovered bags that weren't ours, mixed in with our order, while the delivery person was still there, and they said they could not take them back, and a new order would go out to the other customer.

Correct. Sam Club isn't going to hunt any groceries down for a myriad of reasons. Customer gets refund or new order. Cost of doing business.

 

[joestein]

I wonder if that makes any difference. In Washington the Law says this.

Bill

RCW 19.56.020​

Unsolicited goods or services as gifts.​

If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered. Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing.

Wasn't there a public service TV commercial about this many years ago (Maybe 80s?). I remember a commercial with an Eskimo getting a package he didn't order. It turned out to be an air conditioner. Then the announcer said you can keep packages you didn't order and the Eskimo smiled. End of commerical.

 

[1Kflyerguy]

Wasn't there a public service TV commercial about this many years ago (Maybe 80s?). I remember a commercial with an Eskimo getting a package he didn't order. It turned out to be an air conditioner. Then the announcer said you can keep packages you didn't order and the Eskimo smiled. End of commerical.

I remember this commercial as well.

 

[jp10558]

Sorry, bar exam not passed. 39 U.S. Code Part IV is about the U.S. Mail. Regardless, Sam's Club did not send this to the recipient unsolicited, it was mis-delivered.

Your misinformation campaign continues. But you found something on the internet, that you thought meant what you thought it did, so there is that.

I don't claim to be a lawyer, but it seems to me like there is a scam / extortion that you could do near exactly the same as what the law against mailing is - i.e. drop off some random thing on someone's porch with near 0 identifying information, and then come back in a few days or weeks claiming they wrongly "stole" the stuff you just dropped off. Most of the online things about abandoned property I can find in 5 minutes says you should notify the owner, but FFS - a box with no label ... how much effort should you go through because someone effectively "littered" on your property. I'm adverse to say paying to list a classified ad or trying to put up posters...

I think in reality - if you're literally left guessing from a sticker with what *might* be a <> part of Sam's Club logo - I mean you could waste money and ask an attorney, but there's good faith and wanting someone to have quite a burden because someone abandoned something on their property. I think everyone else is right, and assuming it's a misdelivery from Sam's - they're not going to care because they can't take the food items back and try and re-sell, so the products are already a "loss". They've already had to make amends to the actual orderer. So it's just a cost of doing business.

Now to my personal feeling about how the law ought to be changed. I really think anything that lets someone take an effort X to impose a legal effort bigger than X, is ripe for some sort of abuse or harassment. If you don't have a record of me asking you to drop something off, of an order, a storage agreement etc - then I should be entitled to take random stuff that shows up on my property and dispose of it how I will. Imparting a duty to try and figure out whose property it is, notify them, provide storage and keep safe for 15-30 days or longer is quite the thing to get for free, and quite the burden on the landowner.

This means in effect if I have a storage container I can basically store it for free as long as it is moved every month to a different lawn. I'm sure eventually the justice system would decide that isn't what the laws were intended to mean, but that seems to be what they say as long as I'm personally "dropping it off" without talking to the landowner. I.e. as long as the mail didn't deliver it. This seems like an asinine loophole.

 

[Passepartout]

So, @DrQ has there been any resolution to the dilemma? Anybody show up for their groceries?

To my knowledge we've never had mis-delivered groceries left here, but I can see how it could happen from seeing a person stopping at a neighbor's house and schlepping some grocery bags to their porch. And we have had pizza guys ring our bell with a neighbor's pies before I sent them next door where they were supposed to go.

Just wondering. . . .

 

[davidvel]

I don't claim to be a lawyer, but it seems to me like there is a scam / extortion that you could do near exactly the same as what the law against mailing is - i.e. drop off some random thing on someone's porch with near 0 identifying information, and then come back in a few days or weeks claiming they wrongly "stole" the stuff you just dropped off. Most of the online things about abandoned property I can find in 5 minutes says you should notify the owner, but FFS - a box with no label ... how much effort should you go through because someone effectively "littered" on your property. I'm adverse to say paying to list a classified ad or trying to put up posters...

I think in reality - if you're literally left guessing from a sticker with what *might* be a <> part of Sam's Club logo - I mean you could waste money and ask an attorney, but there's good faith and wanting someone to have quite a burden because someone abandoned something on their property. I think everyone else is right, and assuming it's a misdelivery from Sam's - they're not going to care because they can't take the food items back and try and re-sell, so the products are already a "loss". They've already had to make amends to the actual orderer. So it's just a cost of doing business.

Now to my personal feeling about how the law ought to be changed. I really think anything that lets someone take an effort X to impose a legal effort bigger than X, is ripe for some sort of abuse or harassment. If you don't have a record of me asking you to drop something off, of an order, a storage agreement etc - then I should be entitled to take random stuff that shows up on my property and dispose of it how I will. Imparting a duty to try and figure out whose property it is, notify them, provide storage and keep safe for 15-30 days or longer is quite the thing to get for free, and quite the burden on the landowner.

This means in effect if I have a storage container I can basically store it for free as long as it is moved every month to a different lawn. I'm sure eventually the justice system would decide that isn't what the laws were intended to mean, but that seems to be what they say as long as I'm personally "dropping it off" without talking to the landowner. I.e. as long as the mail didn't deliver it. This seems like an asinine loophole.

I was only responding to the misinformation from Bill, that claimed Federal (or WA) law entitles one to keep something misdelivered to their house. Bill likes to recall old commercials, or just have a thought in his head, and then present some baseless idea as fact.

As to your comment, no one is saying that you have to go to any effort or expense to "return" the items, if that is even possible. However, that does not means the same thing as you are entitled to keep such stuff, as in it now belongs to you.

If Costco misdelivers a $1,000 generator to you it is not yours. Just like if a bank teller or server makes a mistake and gives you too much money it is not yours. If you know it is a mistake and take steps to conceal it or not let them retrieve it, that could be a crime. If it said Costco (or Sam's Club) and had and order #, or the customer's address and you just took it in and hid it with the belief that it was yours to keep, they certainly could pursue you civilly and possible criminally.