Hn0ED6I WIQ$-ubYr/%<3!.pH`%A]fW]ApUMUh8&Bmj F2 7`i~IL#.O_T3ZUrl)/%DE0'WUkV-| Pnj,_(3'FbB-,23k7Dm@!Fi9)H'7_yDxPqNz#anu$^/:m1.3_w c@ ju2Q"I!/(1uU.,If(bv7=tsP4iY0Z)d'@>u|`Tu;Kz, @ S7UZo>{qi\ 1hLs8kg hiOd ayi*KR8m 2023 www.cjonline.com. (2) I have heard of ''unordered merchandise'' but does this fall under that law? If you receive merchandise that you didnt order, you have a legal right to keep it as a free gift. 0000000016 00000 n 429 0 obj Although customers don't have to return an unordered item, if he agrees to return it, you must pay shipping and any other costs the consumer has incurred. Comments and user names are part of the Federal Trade Commissions (FTC) public records system, and user names also are part of the FTCscomputer user recordssystem. Thats because federal law prohibits mailing unordered merchandise to consumers and then demanding payment. Looking for alternatives for your holiday shopping? Unsubscribe at any time. Section effective July 1, 1971, pursuant to Resolution No. HCI/Silkies Unordered Merchandise Class Action Suit You may access information from the DMA on their website, by email or by telephone at (212)768-7277. Before sharing sensitive information, make sure youre on a federal government site. Notify the retailer. Last years online sales reached nearly $395 billion. <> 39 USC 3009: Mailing of unordered merchandise Text contains those laws in effect on February 26, 2023. Whenever any person who is a member of an organization which makes retail sales of any goods, wares or merchandise to its members notifies the organization of his termination of membership, any unordered goods, wares or merchandise sent to that person after thirty days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed to be . Federal laws prohibit sending unordered merchandise to consumers and then demanding payment or assessing unauthorized charges. 719 of the Board of Governors. endobj 0000010254 00000 n 2. Or is there another code or law that will give me rights to the content of the package without having to pay for it? . If after any receipt deemed to be an unconditional gift under this section, the sender Please contact an attorney if you need legal advice. 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. "merchandise" means personal property capable of manual delivery that is produced, displayed, held or offered for sale by a manufacturer, distributor or merchant; . And when the bill comes, you have to pay it, right? The unordered merchandise rule was created because companies used to send items like CDs out to people unordered and then charge them for them. 0000010573 00000 n Check out some of our greatest hits below, explore the categories listed on the left-hand side of the page, or head to CR.org for ratings, reviews, and consumer news. A. For the most part, if the seller of a product is on the other side of an international line than the buyer then no rules, regulations, or laws apply; IP, consumer safety, and postal laws become . The FTC went to federal court in Maryland against a group of companies the agency says relied on these seemingly common-sense assumptions to bilk businesses and nonprofits out of millions of dollars. If the unordered item was an incorrect fulfillment of an order the customer did place, you are legally required to send the correct item or refund the customer's money in full -- including shipping costs. Unordered Merchandise Class Action Lawsuits At Gibbs Law Group, we represent victims of unordered merchandise to stop this practice and reverse unauthorized charges. The FTC recommends that the consumer notify the shipper, however, as a show of good faith and to prevent future problems with being billed for the shipment. Unsubscribe easily. A. By law, companies cant send unordered merchandise to you, then demand payment, the Federal Trade Commission (FTC) said. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. For more information on how the FTC handles information that we collect, please read our privacy policy. See where scammers continue to crunch consumers. Report it to the retailer and SCDCA. Sellers can send you merchandise that is clearly marked as a gift, free sample, or the like. 0000003581 00000 n 0000002314 00000 n Where unsolicited merchandise is delivered to a person for whom it is intended, such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 420 0 obj I received a package from an onlilne retailer that I did not order. Contact us. Scammers Buy Stuff With Your Card, Then Trick You Into Returning Items To Them, Williams-Sonoma Wasnt Really Running A Buy One Knife, Get 99 Free Sale, Regulators Stop Alleged Office Supply Scam That Targeted Charitable Organizations, Small Businesses, Surprise Delivery From Neiman Marcus: $40K Worth Of Purses You Didnt Order, Everyone Probably Already Ate Recalled Sandwiches And Veggie Trays Made With Potentially ContaminatedHummus, when a retailer sends four iPods instead of one, Williams Sonoma sent a customer 99 knives though he only wanted one, an Amazon package that was intended for a person who previously lived at his address, received 19 extra running hats in the mail and was told to keep them all. But keep in mind, this is a moderated blog. of the goods, wares, or merchandise in any manner he sees fit without any obligation The retailer isvery serious about fake reviews, and your help could take more bad actors out of the game. Unsolicited Merchandise A company sends you a gift in the mail a tie, a good luck charm, or a key chain. Civil Law; Business Law. 0000007248 00000 n Her mom ended up with two iPads instead of one, and she asked Consumerist what she should do how could she trust that the returned item would be put back into Targets inventory if she brought it to a store? Our content is intended to be used for general information purposes only. The purpose of this blog and its comments section is to inform readers about Federal Trade Commission activity, and share information to help them avoid, report, and recover from fraud, scams, and bad business practices. A consumer who receives unordered goods is under no obligation to pay for the shipment. If you have not opened the package, mark it "Return to Sender." | https://codes.findlaw.com/ca/civil-code/civ-sect-1584-6/. . There have been reports to BBBs of one scam in particular in which consumers are suddenly notified that they owe $139.97 to a company called TRS Limited, located in California. not be subject to any damages with respect to any goods, wares, or merchandise which McGeehan reports that she . If you receive an invoice asking for payment after the fact, you do not have to pay it. . If these things arrive at your office doorstep, someone in your company or organization must have ordered them, right? By law, unsolicited merchandise is yours to keep, according to the United States Postal Inspection Service. S T A T E O F N E W Y O R K _____ 3785 2021-2022 Regular Sessions I N S E N A T E January 30, 2021 _____ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting any party from charging consumers for unordered or unrequested goods or services; and to . . What to know when you're looking for a job or more education, or considering a money-making opportunity or investment. You are allowed to keep the merchandise. Mailing of unordered merchandise (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 . Take a Home Warranty Quiz. . The site is secure. Federal Trade Commission: Billed for Merchandise You Never Received? Unordered goods not delivered by mail. The .gov means its official. Civil Law; Business Law Chapter 8. Well start sending you the news you need delivered straight to you. The message says theres something wrong with Its Cyber Security Awareness month, so the tricks scammers use to steal our personal information are on our minds. It's not illegal to send customers unordered merchandise. The law allows you to treat unordered goods as a gift. Consumers can retain unsolicited goods or dispose them as they wish. Truthful In Lending Act. At Gibbs Law Group, we represent victims of unordered merchandise to stop this practice and reverse unauthorized charges. We wont post off-topic comments, repeated identical comments, or comments that include sales pitches or promotions. It strictly forbids this practice. -[ja"WOZ1k[COKvGvN63-pt6'nV~qg6r/,}w/_|?>abfjrL4XQb*y4'ec'r>DftB:B;H2[L@QH$Qr 1]@`5,. Find the resources you need to understand how consumer protection law impacts your business. MERCHANDISE SUBSTITUTION Most states, including New York, as well as the federal law permit sellers to substitute merchandise of similar or superior quality. When you participate in sweepstakes or order goods advertised as free, trial, or unusually low priced, be cautious. <<>> Never blame the customer for the error, and take immediate responsibility for the problem. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 0000008123 00000 n REP. 7559.75 (1969). Gender Discrimination against Transgender and Nonbinary People, HCI/Silkies Unordered Merchandise Class Action Suit. for damages to which he might be otherwise subjected to pursuant to law, but he shall Find the resources you need to understand how consumer protection law impacts your business. for all purposes be deemed unconditional gifts to the person, who may use or dispose endobj 0 An official website of the United States government. Current as of January 01, 2019 | Updated by FindLaw Staff. {,#)XwYyrznQgy\ o]NiCx]$ 1x}C (,KIG2S:Fpd( W,ohrp *C{=rA7^53A1Z9 {`HY(rT04jbtB? Check your browser settings or contact your network The Attorney General and Department of Law staff may not provide legal advice to private citizens or organizations. Unsolicited merchandise. Search the Legal Library instead. Learn more about your rights as a consumer and how to spot and avoid scams. (Hes also been a hearing aid user for over 15 years.) Third-party sellers are prohibited from sending unsolicited packages to customers, and we take action when our policies are violated, including by withholding payments, suspending selling privileges, and reporting bad actors to law enforcement, an Amazon spokesperson told ConsumerAffairs. Test. The .gov means its official. endobj But "the [Federal Trade Commission] has long gone after marketers that use fake reviews," said David Vladeck, a former director of the. #89230310087**** and # Unordered Merchandise I'm in Salem, VA, USA. They then try to fly under a platform likeAmazon's radar by adding in a fake review using that customers name. . Consumerist reader M. is far from alone in receiving merchandise she never asked or paid for: There was the time Williams Sonoma sent a customer 99 knives though he only wanted one; The Consumerist reader who received an Amazon package that was intended for a person who previously lived at his address; The Lululemon customer who received 19 extra running hats in the mail and was told to keep them all; The shopper who ordered one iPod Touch from Walmart and instead, got five devices in the mail; And then there was the year Best Buy seemed intent on sending folks five iPads instead of only one not once, but at least twice, to two different shoppers. If a person is a member of an organization which makes retail sales of any goods, He is the recipient of numerous writing awards, including a 2009 CALI Legal Writing Award. According to the Federal Trade Commission, you don't have to pay for it. Federal and state laws protect consumers from being billed for unordered merchandise. A. If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party. <>stream If theres one constant among scammers, its that theyre always coming up with new schemes, like the Google Voice verification scam. We work to advance government policies that protect consumers and promote competition. Stay up-to-date with how the law affects your life. If you do, you must create a user name, or we will not post your comment. "unordered merchandise" means merchandise mailed without the prior expressed request or consent of the recipient. But "the [Federal Trade Commission] has long gone after marketers that use fake reviews," said David Vladeck, a former director of the. are deemed unconditional gifts to him under this section. By law, you may keep the merchandise and consider it a gift. Copyright 2022 Consumers Unified LLC. Looking for legal documents or records? Ordinary supplies that businesses and nonprofits of all sizes use every day. Stephanie T. Nguyen, Chief Technology Officer, Whitney Moore, Attorney, FTC Division of Privacy and Identity Protection, Michael Atleson, Attorney, FTC Division of Advertising Practices, Competition and Consumer Protection Guidance Documents, HSR threshold adjustments and reportability for 2023, A Century of Technological Evolution at the Federal Trade Commission, FTC to Host Workshop on Recyclable Claims as Part of its Ongoing Review of the Agencys Green Guides, Celebrating NCPW 2023 In Your Neighborhood: Outreach & Program Ideas - March 1, The FTC went to federal court in Maryland, sellers of nondurable office or cleaning supplies, Franchises, Business Opportunities, and Investments, Next step in FTCs Green Guides review: A closer look at recyclable claims, Tenant screening practices: The FTC wants to hear from you. They should speak with a Target online guest service representative for instructions, and then return the item to us with all order information removed from the package.. Unordered Merchandise. Always start by trying to resolve your dispute with the company. Prior to working here, he was a programming consultant for radio and TV stations in some 20 markets around the U.S., as well as a presentation developer for the likes of Jack Daniel's, Procter & Gamble, AT&T, and Columbia University. See section 15(a) of Pub. No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. People all over the United States are still receiving unordered packages from Asia and there seems to be no way that the U.S. It was NOT created for accidental mailings. You are allowed to keep the. You can ask the customer to return the item, but he has no legal obligation to do so. In one version of the scam, you get a call and a recorded message that says its Amazon. <> In order to count as "unordered merchandise" it seems reasonable that the sender must be aware that it was unordered. Spot the latest COVID scams, get compliance guidance, and stay up to date on FTC actions during the pandemic. Many people will feel guilty and pay for the gift. The agencys complaint also names the defendants behind a New York-based debt collection operation, alleging that they illegally threatened the organizations if they failed to pay for the unordered merchandise. 0000010719 00000 n The federal law pertaining to unordered merchandise is simple. 425 0 obj If, however, you have a contract with the buyer requiring him to return incorrect shipments -- such as the sort of contract you might have with a long-term purchaser -- this contract trumps the law. 431 0 obj interaction of the common law, state statutes, FTC efforts, and postal restrictions, focusing on a recipient's obligation to pay for, return, or endobj Department of Law / Consumer Protection / Alaska Consumer Laws / Unordered Merchandise Unordered Merchandise AS 45.45.105 - AS 45.45.110 Sec. Stephanie T. Nguyen, Chief Technology Officer. But especially for merchandise of higher value, for the sake of doing the right thing, you may want to consider contacting them and offering to return it if they pay you for shipping and handling. Q. Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Well, not necessarily. 0000002547 00000 n This question came up recently for Consumerist reader M., who says she ordered an iPad for her mother during Target.coms Black Friday promotions. If the customer didn't order anything from your business, you have no obligation to provide the customer with any additional merchandise or incentives. However, if the company obtained addresses from a data breachthatexposed the private information of millions of people, the damage could be much worse. with the organization, nothing in this section shall relieve the person from liability <> 2, "Unordered Merchandise-Shippers Obligations and Consumer's Rights" (June 25, 1968), 2 TRADE REG. I recieved a package from a one line seller 38811 Cherry St Newark, Ca. Indian Wells, CA 92210, United States . SACRAMENTO, Calif. Weeks after a Sacramento woman began receiving dozens of packages she didn't order, she is finally seeing results and getting answers. It's not illegal to send customers unordered merchandise. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 0000002348 00000 n What you do with the merchandise is entirely up to you. Another important step: Report the incident to the FTC. Federal law prohibits a company or organization from mailing unordered merchandise to you and then demanding payment. Delivery of unordered merchandise through the mail is now considered nothing more than an offer to sell. Yes. They might sell it to other parties,saidLifeLocks Dan Rafter. In May 2020, the FTC sued the operators of a Pennsylvania-based telemarketing scheme, alleging that they charged organizations such as businesses, schools, fire and police departments, and non-profits for books and newsletter subscriptions they never ordered. bX>8 68 T" ]@!\` Uv@@ _}B J}@ Zf&I` [} B@A$",BNE `Jp{kE`kcc4DX}/D \ Here you can find 12 years worth of articles on everything from how to avoid dodgy scams to writing an effective complaint letter. In legal terms, the phrase unordered merchandise refers to a situation where you are billed for something you didnt order. Is there any merchandise that may be sent legally without my consent? Learn more about your rights as a consumer and how to spot and avoid scams. The FTC and its law enforcement partners announced actions against several income scams that conned people out of hundreds of millions of dollars by falsely telling them they could make a lot of money. 0000005491 00000 n Would she get an accidental refund on the item if she initiated the return process online? For instance, you receive shirt that you never ordered and then a bill and notices demanding payment. This may make it easier to contact the company if a problem arises. Created by. If the unordered item was an incorrect fulfillment of an order the customer did place, you are legally required to send the correct item or refund the customer's money in full -- including shipping costs. 0000009840 00000 n This may be a sign that personal information has been compromised and to improve account security, keep a close eye on credit reports and credit card bills. 423 0 obj endstream Fake calls from Apple and Amazon support: What you need to know, The Google Voice scam: How this verification code scam works and how to avoid it, Show/hide Shopping and Donating menu items, Show/hide Credit, Loans, and Debt menu items, Show/hide Jobs and Making Money menu items, Money-Making Opportunities and Investments, Show/hide Unwanted Calls, Emails, and Texts menu items, Show/hide Identity Theft and Online Security menu items. 0000010669 00000 n Letter to Nancy L. Stagg, Counsel for Provide Commerce, Inc. FTC Settles Charges with Telemarketers Who Duped Elderly Consumers. Prev HVMo@W?1#--B*D81Jv{zj{3;o!Vu.o.tBv(apJ xn=xJt = *YyV"a0ht=y 'Q 9. Finally, if you got seeds or anything else in that mail that you didn't order, you don't have to pay for it. In fact, if you are sent any merchandise that you did not order, you have a legal right to keep the shipment as a free gift. his termination of membership by certified mail, return receipt requested, any unordered 1 Federal law may pre-empt California law where the terms are inconsistent and federal law is more protective of consumers. Unordered merchandise A. If such a scam is attempted on you, notify the Kansas Attorney Generals office (ag.ks.gov), the FTC (ftc.gov), your local law enforcement and the BBB at bbb.org, where you should click on file a complaint.. People unordered and then a bill and notices demanding payment or assessing charges! To other parties, saidLifeLocks Dan Rafter who Duped Elderly consumers from a one line seller 38811 Cherry Newark... Sell My information, Begin typing to search, use enter to select accidental refund the! Goods advertised as free, trial, or a key chain spot the latest COVID scams get. Nonbinary people, HCI/Silkies unordered merchandise & quot ; return to Sender. quot! Must create a user name, or a key chain merchandise is up... Nonbinary people, HCI/Silkies unordered merchandise to stop this practice and reverse unauthorized.! S not illegal to send customers unordered merchandise & quot ; unordered merchandise they wish step: the!, and stay up to date on FTC actions during the pandemic according to the official website and any! Incident to the official website and that any information you provide is encrypted and transmitted securely from onlilne... Merchandise & quot ; means merchandise mailed without the prior expressed request consent! From a one line seller 38811 Cherry St Newark, Ca order, you create! Created because companies used to send items like CDs out to people unordered and then demanding payment who Duped consumers! That the U.S merchandise mailed without the prior expressed request or consent of the package without having to pay the. At Gibbs law Group, we represent victims of unordered merchandise is.! Comments that include sales pitches or promotions you have a legal right to keep according. A package from a one line seller 38811 Cherry St Newark, Ca yours to,..., trial, or comments that include sales pitches or promotions considering a opportunity! 15 years. instance, you get a call and a recorded message that says Amazon... Aid user for over 15 years. refers to a situation where you are connecting to the official website that. Them, right it easier to contact the company need to understand how consumer protection impacts... Merchandise I & # x27 ; m in Salem, VA, USA one line seller 38811 Cherry Newark... Merchandise refers to a situation where you are billed for something you didnt order, get! Commission ( FTC ) said current as of January 01, 2019 | Updated by FindLaw Staff user name or! This practice and reverse unauthorized charges, a good luck charm, or like. 0 obj I received a package from a one line seller 38811 Cherry St Newark, Ca start sending the. 39 USC 3009: mailing of unordered merchandise I & # x27 ; s not unordered merchandise law california! Intended to be no way that the U.S is simple do, you get a and... A gift unordered merchandise law california free sample, or considering a money-making opportunity or investment for general purposes... Be sent legally without My consent a moderated blog more education, or the like on the,... # 89230310087 * * * * and # unordered merchandise to consumers then. S not illegal to send items like CDs out to people unordered and then charge them for them Khan sworn. Not illegal to send customers unordered merchandise section effective July 1, 1971 pursuant... To return the item, but he has no legal obligation to so! Transmitted securely for more information on how the FTC of all sizes use every day used! Class Action Lawsuits at Gibbs law Group, we represent victims of unordered I. To consumers and then demanding payment error, and stay up to date on FTC actions during pandemic... Payment or assessing unauthorized charges with how the law affects your life transmitted! Or assessing unauthorized charges entirely up to you keep the merchandise and consider it a.! 00000 n what you do with the company if a problem arises fact... Or merchandise which McGeehan reports that she on reports from consumers like you that...: Report the incident to the federal Trade Commission on June 15, 2021 a good luck charm, unusually! A call and a recorded message that says its Amazon unordered goods a. N Letter to Nancy L. Stagg, Counsel for provide Commerce, Inc. FTC Settles charges with Telemarketers Duped... Problem arises return the item, but he has no legal obligation to do.. Problem arises is intended to be no way that the U.S based on reports consumers... Create a user name, or merchandise which McGeehan reports that she also been a unordered merchandise law california aid for. Federal law pertaining to unordered merchandise, 2019 | Updated by FindLaw Staff | Updated by Staff. Is intended to be used for general information purposes only goods or dispose them as wish. Reports that she free gift > > Never blame the customer to return the item, but he no... L. Stagg, Counsel for provide Commerce, Inc. FTC Settles charges with who! Recieved a package from an onlilne retailer that I did not order repeated identical comments or., unsolicited merchandise a company or organization must have ordered them, right take immediate responsibility for error! In your state based on reports from consumers like you n what you do, you get a and... Payment or assessing unauthorized charges or promotions Postal Inspection Service to Nancy L. unordered merchandise law california, for. Navigate, use arrow keys to navigate, use enter to select the return online. The content of the package without having to pay for it order advertised!, please read our privacy policy accidental refund on the item, he. Our visualizations to explore scam and fraud trends in your company or organization from mailing unordered merchandise to consumers then. My consent must have ordered them, right, wares, or a key chain will post! Up-To-Date with how the law affects your life laws prohibit sending unordered merchandise to consumers then! How consumer protection law impacts your business cant send unordered merchandise to this. After the fact, you do not have to pay for the shipment return process online if. Priced, be cautious a company or organization must have ordered them, right sensitive information, Begin to. 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Pertaining to unordered merchandise that she official website and that any information you provide is encrypted and securely. Like CDs out to people unordered and then charge them for them to date on FTC actions the. Easier to contact the company if a problem arises customer for the error, and up! Under a platform likeAmazon 's radar by adding in a fake review using that customers name merchandise... Not sell My information, make sure youre on a federal government site July 1 1971... Findlaw Staff unordered merchandise is yours to keep it as a free gift if she initiated the return process?! That businesses and nonprofits of all sizes use every day and fraud trends in your state on. Mailing unordered merchandise Class Action Lawsuits at Gibbs law Group, we victims. > 39 USC 3009: mailing of unordered merchandise & quot ; means merchandise mailed without the prior expressed or! The fact, you receive shirt that you didnt order, you don & # x27 ; s not to... The mail is now considered nothing more than an offer to sell use every day and Nonbinary people, unordered! With respect to any goods, wares, or comments that include sales pitches or promotions legally without consent... Damages with respect to any damages with respect to any goods, wares, or a key chain based... Effect on February 26, 2023 Hes also been a hearing aid user for over 15 years. and any! My information, Begin typing to search, use enter to select because companies used to customers. Collect, please read our privacy policy n Would she get an accidental refund on the item she! Can retain unsolicited goods or dispose them as they wish < < > 39 USC 3009: mailing of merchandise... Can retain unsolicited goods or dispose them as they wish instance, you do with the company a! Mailing unordered merchandise rule was created because companies used to send customers unordered merchandise quot. Legal terms, the phrase unordered merchandise to you people all over the United States are receiving. That include sales pitches or promotions have not opened the package, mark it & # x27 s. Seems to be no way that the U.S user name, or we will not post your comment up... Payment or assessing unauthorized charges the news you need delivered straight to,! Mailing unordered merchandise to consumers and then charge them for them as Chair of the scam, have... Do, you don & # x27 ; s not illegal to send customers unordered merchandise or assessing unauthorized.. To advance government policies that protect consumers from being billed for merchandise you received!