Empire Industries

Fraudulent telemarketers often claim that an order was placed and verified by someone else within a company. Before you accept, or pay for, any merchandise that arrives under less-than-clear circumstances, protect yourself by insisting on proof that an order was placed. If no proof is provided, offer to return the merchandise at no cost to you. Give them a specific and reasonable amount of time (30 days, etc.) to pick up the merchandise. Tell the sellers that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

Under federal law, you are entitled to regard unordered merchandise sent through the U.S. mail as a free gift. The same law makes it illegal to mail bills for such unordered merchandise. If you do not wish to pay for unsolicited merchandise, you have three options. In each case, by law, you have no obligation to the sender. If you have not opened the package, you may mark it "Return to Sender," and the Postal Service will return it with no additional postage charged to you. If you open the package and don't like what you find, you may throw it away; or, if you like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.

If unordered merchandise arrives by private delivery, do not accept the shipment. If you have already accepted the shipment, send the shipper a certified letter with return receipt requested, demanding proof of your order. If there is no valid proof, inform the sender that unless the merchandise is picked up within 30 days, you will dispose of it. By giving the sender an opportunity to recover the merchandise, you invalidate any claim that you accepted an offer of sale merely by keeping the shipment. If an invoice for the unordered merchandise arrives, withhold payment and do not use the merchandise. If the firm fails to respond to your letter, or if the sender threatens you with legal action, contact an attorney and your state attorney general's office.

Telephonic sellers are required by law to maintain a $100,000 bond and register with the Attorney General. Unregistered sellers may not solicit in California if their business or prospective purchasers are located in this state.