Dell screws up big time. I poop myself. - Page 2

As I said earlier, I didn't doubt that you read this, just that it was true. I'm not an attorney, and defer to ike's judgement. Looks like you're correct in a legal sense, though I still think it morally/ethically wrong to keep the computer.

This is in fact true. FTC law. Directly from the ftc.gov http://www.ftc.gov/bcp/conline/pubs/general/wrong.htm Unordered Merchandise If you receive merchandise you didn’t order, federal law says you can consider it a gift. You can’t be forced to pay for the item or return it. If you decide to keep the merchandise, you may want to send the seller a letter stating your intention, even though you’re not legally obligated to do so. Your letter may discourage the seller from sending you repeated bills, or it may clear up an error. It’s a good idea to send the letter by certified mail and keep the return receipt and a copy of the letter. These records will help you establish later, if necessary, that you didn’t order the merchandise. Two types of merchandise may be sent legally without your consent: free samples that are clearly marked as such; and merchandise mailed by charities asking for contributions. In either case, you may keep the shipments.

The above post is exactly what I was referring to earlier about the law...Also there is no dishonesty in this matter at all, he called Dell which almost any honest person would do and explained the issue,That is his only obligation as a honest person to do, Dell stated they have no record of stated item and went on further to say the laptop was his to keep, end of story....He is obligated under no law to return it....If I ship you something by mistake at work and you call me to inform me of my error and I then tell you not to worry about it you can keep it...The issue is over and done with, you have no moral obligation to return the item...and before you say there is a big difference in shipping a laptop by mistake than that of any other item you must keep in mind the laptop he received did not cost Dell a huge sum of money to build, it costs Dell pennies on the dollar to make a laptop and they give away far more laptops than they mistakenly ship out...its the cost of owning and doing buisiness... mistakes happen...They will just write it off and move on, no harm done....Enjoy your Free Laptop..and remember they told you it was yours to keep..

I'm pretty sure the law that says you can keep items sent to you that you didn't order was to protect consumers from being shipped items they didn't want and then being charged unless the item was returned. I've kept several items that came to me "unsolicited" (books and the like), these usually come with a letter saying to look it over and if you like it pay for it, if not send it back. I always simply write on the included bill that I did not order it and am not willing to pay for it, nor am I willing to put in the labor to send it back, and mail it back that way.

I dont think it was intended to cover a situation where you were sent something in error - even IF you are legally not required to send it back, moral forces probably dictate calling them (as you did). At that point the ball is in their court, and I'd just sit on it for a month or so, and if you have heard nothing do with it as you please. If they ever DO come calling asking for it, I'd just say, "oh. yeah, I called and reported it, but was told to keep it. I'ts long gone I gave it to a friend of a friend (or: sold it, or: whatever - preferably the truth) I'd feel fairly certain that they cant force you to pay for something their employee told you to keep with their compliments when you reported it. Frankly it wouldn't be worth their efforts to come after you once the computer is "gone".

of course this is all nothing more than my opinion.

i belive the law was set in place to prevent fraud. hence joe smoe shipped you item #1 which you did not order or pay for then he has proof you have recieved it, sues you in court for unpaid fee's.

i don't remember entirely, i slept through most of my FTC law lectures.

Congratulations is all I have to say. I wish I got two M1210's....

Are you sure Dell screwed up? Are you sure the UPS man didn't screw up? Seriously, something is majorly wrong. I would call Dell and give them the service tag and see if they can match your name with the registered owner's name. If you know anything about the Dell Direct business model, you know that they order the parts for the systems AS THEY ARE ORDERED. So its not like they accidentally just shipped you two systems. They would have had to have 2 systems built specially for you.

Keep in mind, they DO have your credit card info, so they can charge for that system at any time, and you would be required to pay for the system. I would call them back and ask them again, but this time RECORD THE CONVO.

If past experiences are any indication, I bet if you call and complain enough to them, they'll prob toss you a few extra $$ for your trouble. That would be HILARIOUS. An extra system AND a refund.

I would wait a few weeks as well, as i have been on this board for about 2 1/2 years, and every person that says they got a duplicate ends up getting a call about it, or the UPS guy comes back in a day or two to pick it back up. If not, good for you, adn props for giving it to a friend who could use it. Good Karma man.

They can't charge him for the second system unless he directly stated that he wanted it to begin with. They can't prove this if it didn't happen. If they bill your card, dispute the charges. Second, if you are recording a phone conversation both parties must be informed for the record to be admissible. What type of person are you? Some people would immediately send the laptop back to Dell, you do not own it and you didn't pay for it. Some would keep it and not say a thing. You're on one side or the other; don't call them again, or remain persistant.

unordered merchandise a gift

Check out these sites for info on keeping the second unordered lappy.

http://www.pueblo.gsa.gov/cic_text/m...ome/rights.htm

http://www.google.com/search?hl=en&l...t+&btnG=Search

You may be very lucky on this order!

UPS delivered a legitimate package addressed correctly,they will not come to pick up the package unless you request it...Dell cannot issue a pickup without your consent...As far as Dell calling, politely inform them that you called and informed them of the mix up and was told to keep the Item as a gift, Tell them that you have already given it to a needy friend , then tell them you really appreciate their gift and you will recommend Dell to all your friends and coworkers because of their generosity..Then hang up.....

dell cannot charge u for something you did not order. That is plain out fraud.

Hey thats my lappy rght there!!! youu.. you..

OMG you stole my E1505!

i can't believe that no one has advised you of this:

return one of them (whichever one is recorded by dell) and ask for a refund, one laptop for free is better than 2 for the price of 1.

this has happened to me twice already, one was for a replacement hard drive and the other is for a digital camera. i sold both on ebay.

man you guys are rediculous! be happy for the guy if he gets to keep it. Whats up with this what kind of a person are you crap, dell makes billions of dollars, whats a grand to them!

only problem with this is when he calls in a service call for the laptop dell doesnt have in the system he will not be able to get support for it.

who cares! it's free! are yo saying "No thanks!" to a free brand new laptop only because you can't get tech support on it. c'mon...

he was refering to if he sold the laptop on ebay the buyer would have no tech support.