BreitlingFan wrote in post #14282436
At what point was payment demanded?
Perhaps, before allowing your panties to get knotted, you should read the actual thread and understand what happened. They never demanded payment...
I did read it. Clearly you got lost in the details. Payment wasn't demanded. I never implied that it was. But the FTC does forbid a company 'demanding payment' for unordered goods. Accidental or not.
BreitlingFan wrote in post #14282436
So Borrow Lenses decides that the guy in the shipping department is engaged in theft. Accordingly, they throw him under a bus. They fire him and file chages against him.
Now the lenses become evidence.It wouldn't be a first time and, depending on the value of the lenses, could certainly be plausible.. .
You watch too much TV. First, BL would need to know where the lenses went. Seeing as they didn't even know that they left the warehouse it would be a little difficult to pin that on the OP.
Secondly, they would have to prove some sort of collusion between the OP and the shipping person. That would be if they even got anywhere.
You seem to belive that if BL had managed to figure out the lenses had been shipped somewhere they could call the police, and SWAT, FBI, NTSB, Delta Force, Green Berets, a contingent of SEALs, and the third brigade would storm onto the OP's property (probably THAT NIGHT), execute a search warrent -most likely a no-knock because God Knows what else he'd be hiding, try him in the front lawn, and most likely execute him before the break of dawn.
That's how it would go down. 
Mistabernie wrote in post #14282359
Also, in reading up on the site, this might not be protected under FTC (or at least as straight-forward as we thought). The lenses aren't 'sold', they're leased and remain the property of BL. Because of this, and because you're NOT being charged for it,
if the OP were to admit to having their property and failing to return it upon demand (since he doesn't technically own it, and hasn't been charged for it), then I could see some more confusing things happening..
The issue isn't about failing to return it after notifying the company. Although if he were to write them (Per the FTC) and give a time frame such as 30 days and they don't act on it...they would be his. The lease agreement doesnt change the facts.
In this case, he did notify them, and they did want to pick it up. Thus he loses any 'claim' to them. If he didn't bother to call them, he would be $8,000 richer in lenses. That of course is not the 'moral' thing to do, but it is 100% LEGAL.
http://www.ftc.gov …sumer/products/pro15.shtm
From a .pdf from the FTC:
1. Know your rights. If you receive supplies
or bills for services you didn't order, don't
pay, and don't return the unordered merchandise.
You may treat unordered merchandise
as a gift. By law, it's illegal for a
seller to send you bills or dunning notices
for unordered merchandise, or ask you to
return it even if the seller offers to pay
for shipping. Further, if the seller sends
you items that differ from your order in
brand name, type, quantity, size, or quality
without your prior express agreement
you may treat the substitutions as unordered
merchandise. Unordered services are treated
the same way.