The letter inside says if I open the box I accept the contract. It also says that they sent the phone even though they couldn't collect the fee on my credit card. I DON'T HAVE A CREDIT CARD. I don't want any legal woes but I also don't want to pay $40 a month for the next 2 years for something I didn't order. Can they sue me? Can I just tape that sucker back up and return it and forget about it? HELP!!!!
2006-06-16 11:41:29 · 23 answers · asked by olelady55 3 in Business & Finance ➔ Other - Business & Finance
Tape the package back up, use the same packaging material it was sent in to send it back. Send the item back and be sure to get a tracking number.
Also, call the customer service center and explain the situation. Ask to speak with a manager or supervisor. Be very careful not to give them personal information. Ask them what THEY have on file...do not hand out credit card information or social security numbers. Also ask them who ordered the phone. Be sure to follow all the instructions for canceling the service.
Some companies will send you something claiming that it was ordered and then try to bind you to the service or item. I had this happen when I was working for a company before. They had sent us a book of business listings (basically a glorified telephone book) and claimed we ordered it and owed them 40 dollars. The representative keep arguing with me until I told them I had already sent the package back and gave them the tracking number, then they had nothing to say and let the matter drop.
It is important to find out who placed the order and what info they have on file...you want to avoid having to deal with this again :-)
Good luck
2006-06-16 12:01:09 · answer #1 · answered by N-2-Motivation 2 · 2⤊ 0⤋
Check with the postal service. But if you did not order it, even if you opened the box, that is not a contract. Anything you get in the U.S. Mail unsolicited is free. The service is not, so do not activate the phone. Just toss it or better yet, if you close the box, and tape it up the sender will have to pay for the shipping. Enclose a letter of your own asking to be removed from all list and those of their affiliates.
2006-06-16 11:47:03 · answer #2 · answered by jinx4swag 3 · 0⤊ 0⤋
Make a copy of everything in the box that relates to the "purchase", bill, letter, etc. Write them a letter explaining that you never ordered the phone and do not intend to pay for anything you did not order. Keep a copy of your letter. Carefully package the phone and ship it back to them. Even though you shouldn't have to worry about it, insure it at the post office and have it sent registered, return receipt requested. I know it will cost you a bit more money to do this, but you'll have some peace of mind. And you'll know when the company has received the phone because they'll have to sign for it.
2006-06-16 15:11:10 · answer #3 · answered by celticwoman777 6 · 0⤊ 0⤋
send it back and call the company and state you never ordered the phone. as long as no minutes were used and the phone is untouched then they will just give you a return authroization number and take it back. most companies, if calls were made on the phone, have a 2 week trial period. wherein if the phone was used, you'll be charged for whatever minutes and that it. you may want to find out who ordered it and where it came from. also, find out what credit card was used. bottom line, just call the service provider and explain the situation.
2006-06-16 11:46:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would call the company and tell them you are taping the call for protection purposes (actually tape the call) and tell them you did not order the phone, and you will send it back to them, tell them to send you a box with return postage for it or you will keep it as you do not have funds to pay for their stupidity, and no they cannot sue you. I would call credit report companies and make sure someone didn't try to take a card in your name (identity theft)
I'm willing to bet they would try to ask you for your credit info since the other one didn't take supposedly. It's probably a scam and even if not, you are not responsible.
2006-06-16 11:59:12 · answer #5 · answered by Tina of Lymphland.com 6 · 0⤊ 0⤋
This happened to me when my son ordered books from a book club online. I e-mailed the company about it and got an e-mail back stating that they wanted the books back. I then went online and contacted the Iowa Attorney General's office. They contacted the company and I later received a letter stating that the account was cancelled and we did not have to return the books. I would definitely go to this kind of trouble if I were you. If you didn't order it, you shouldn't be liable. Good luck!!!
2006-06-16 11:49:20 · answer #6 · answered by daddysnurse 5 · 0⤊ 0⤋
There is a FEDERAL law that says that you get to keep it and not pay for it. They sent it to you unsolicated and then put the absurd disclaimer on it that if you open the package you are on the hook. What legitimate company does business that way? It's some fly by night scam operation and they are just trying to bully you into a sale. Ignore them, notify some local agencies like ones that deal with senior citizens because that company is probably trying this "marketing" on other people and some people will fall for it. Don't you fall for it. You don't owe them a dime.
2006-06-16 11:47:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You better tape it up good! I mean, make it the best. But you should be able to do that> Pack it back up, and write a letter to them saying you didn't order it, and for them not to send it to you again. Tell them you will not pay for it because it was not ordered by you. This once happened to my cousins, and that's what they did. They had no problems with it afterwards. Good luck, and hope this helped!♥
♥orangetowngurl
2006-06-16 11:46:42 · answer #8 · answered by la. 3 · 0⤊ 0⤋
Relax....you do not have to pay anything, you do not even have to return the phone. Any unsolicited items that are sent directly to your home....you do not have to pay for. You are allowed to consider them a gift. The company that sent you the phone knows this...they are just hoping you dont, and that they can use scare tactics to get you to pay for the contract. It is illegal, and no court would hold for them in a lawsuit. You can contact the better business bureau and report them.
You don't get the service for free...but the phone itself is yours.
p.s.---this is true in the US....not sure about elsewhere
2006-06-16 13:05:11 · answer #9 · answered by loubean 5 · 0⤊ 0⤋
kinda hope ur kidding about this. by law anything u recieve through the mail u did not order. it is yours to keep. also no contract is legally binding by opening a package. i personally would call them and say thnx for the phone and as far as them billing you let them know they can kiss ur azz.
when u activate your free fone go thru tmobile and that way we can text each other and make inside jokes about yur free phone. or if it's a sidekick 2 i would buy from you. i have one and always dropping mine. have a nice day and bless yu.
2006-06-16 12:01:16 · answer #10 · answered by naztman2000 2 · 0⤊ 0⤋