chakalakasp wrote in post #14281311
Actually, since he admitted he had the lenses, if he didn't return it the next step would have probably been a call to the police department. Theft of that size is a felony
There was no 'theft'. The lenses were shipped inadvertantly to the OP. Morally he would be obligated to return them.
Legally...kinda sketchy on that. From the FTC website:
What do you do when you receive merchandise that you didn’t order? According to the Federal Trade Commission, you don’t have to pay for it. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment.
Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?
A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
Q. Must I notify the seller if I keep unordered merchandise without paying for it?
A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free. This may discourage the seller from sending you bills or dunning notices, or it may help clear up an honest error. Send your letter by certified mail. Keep the return receipt and a copy of the letter for your records. You may need it later.
Legally, the OP had NO LEGAL OBLIGATION to either notify or return the merchandise.
Drop the 'theft' part. It wasn't theft, it wasn't getting the lenses through a fraudulent method, or any deceitful act on the OP.
The more I think about it...I may have kept the lenses and told them to pound sand, and thank them for their 'gift'.