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Thread started 16 Apr 2012 (Monday) 16:55
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A cautionary tale about Borrow Lenses.com

 
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TooManyShots
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Apr 17, 2012 12:27 |  #46
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chakalakasp wrote in post #14281311 (external link)
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.


Frankly, I would leave that to the police and the lawyer to figure out if this would be a theft.......they really didn't have proofs that he stole it. Did they record the phone conversation? Can they able to trace the lens from the point of delivery to the OP? The OP can even claim that he lied about having the lens because he just wanted free rentals.... :)


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Apr 17, 2012 12:30 |  #47

chakalakasp wrote in post #14281304 (external link)
Really? I wouldn't in a heartbeat be turned off of Borrowlenses.com because of this thread (and I don't even use them -- Lensrentals.com is my preferred site). They offered him $50 as a reward. That makes them awesome, in my eyes. The fact that someone came online to suck sour grapes because they wouldn't give him the $600 he wanted is what blows my mind.

No one is angry about money here. It's a customer service issue.


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Numenorean
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Apr 17, 2012 12:33 |  #48

chakalakasp wrote in post #14281304 (external link)
Really? I wouldn't in a heartbeat be turned off of Borrowlenses.com because of this thread (and I don't even use them -- Lensrentals.com is my preferred site). They offered him $50 as a reward. That makes them awesome, in my eyes. The fact that someone came online to suck sour grapes because they wouldn't give him the $600 he wanted is what blows my mind.

Problem is that they already agreed to provide that reward, and then later changed it. If he had asked for what he asked for, and the rep said I'm sorry I can only offer $50 credit, or "I need to ask my supervisor" then I doubt the situation would have devolved into this.


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Numenorean
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Apr 17, 2012 12:35 |  #49

markweaver wrote in post #14281306 (external link)
I was a bit harsh, granted. But expecting a reward is not doing the right thing. Yes, he should return the lenses and a good company would reward this. But to expect a reward and be angry when the offered reward is too little, is wrong. Being told he is a liar is, at least, bad customer service. Although I suspect there is two sides to this tale. But, make no mistake, if he had kept the lenses, and the company was able to track down where they were, he would be facing much unpleasantness. Probably in the form of local law enforcement, possibly the Feds.

READ!

The person asked HIM if there was something they could offer. He did not ask. He did tell them, and they agreed. They later broke what is in effect a verbal contract. I doubt that the OP said "Give me a reward or I'm keeping these nice lenses."


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Apr 17, 2012 12:35 |  #50

chakalakasp wrote in post #14281311 (external link)
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:

http://www.ftc.gov …sumer/products/​pro15.shtm (external link)

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'.;)


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Apr 17, 2012 12:43 |  #51

Numenorean wrote in post #14281386 (external link)
READ!

The person asked HIM if there was something they could offer. He did not ask. He did tell them, and they agreed. They later broke what is in effect a verbal contract. I doubt that the OP said "Give me a reward or I'm keeping these nice lenses."

I did read. He was offered something and then it was changed. No verbal contract ... a reward. The CSR did not offer for two free rentals and then the OP (based on that offer) booked another trip and incurred expenses based on that promise. The OP was disappointed at not getting more for doing what he should do. I am not saying the company is completely without fault, but the bottom line is he did the right thing but did not get what he thought he was "due" or "deserves" and now he is angry.


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Bend ­ The ­ Light
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Apr 17, 2012 12:53 |  #52

Is it me? I don't normally chip in t threads like this, but...

The OP says he didn't ASK for a reward in the first instance.
The OP was OFFERED a reward, and was asked what he wanted. He asked for a couple of rentals for free, which, from a rental company would be appropriate. it doesn't cost the company much, if at all, but is worth something to the OP. In my view, so far so good.

The company renaged on the deal once they got the lenses back, and then tried to make amends by offering a paltry sum in return. The OP was rightly miffed - I would be if I was offered $600 (in value, if not hard cash) and then this was for no reason reduced to $50. $50 would be nice, yes, but it is a bit of a come down, eh?

But, the OP did nothing wrong here. Unless he did lose his rag on the phone...but there's no indication here that he did!




  
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Apr 17, 2012 13:47 |  #53
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CMfromIL wrote in post #14281388 (external link)
It wasn't theft, it wasn't getting the lenses through a fraudulent method, or any deceitful act on the OP.

That doesn't matter an iota.

If the company reports the lenses stolen, and he's got them, then he's in possession of stolen property. How he got them doesn't really matter...


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Apr 17, 2012 13:48 |  #54
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I just think there's more to the story than we're getting here...


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CMfromIL
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Apr 17, 2012 13:52 |  #55

BreitlingFan wrote in post #14281718 (external link)
That doesn't matter an iota.

If the company reports the lenses stolen, and he's got them, then he's in possession of stolen property. How he got them doesn't really matter...

Are you kidding me? The FTC regulates this very type of situation. Companies are FORBIDDEN from sending merchandice to consumers unordered and then 'demanding payment'.

How he got them is exactly 'what matters'. They were shipped to him UNORDERED, as part of another order. He's legally responsible for the lenses he ordered.

Under THE LAW the 'extra' lenses neither needed to be reported OR paid for. He's not even legally obligated to tell them he got them.

Morally, he should return them. Under the law, he was under NO obligation to either report them, OR pay for them.

Learn the law, then come back. You have no idea what you are talking about. Here's the link again, apparently you didn't bother to read it the first time.

http://www.ftc.gov …sumer/products/​pro15.shtm (external link)

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.


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TooManyShots
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Apr 17, 2012 13:55 |  #56
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BreitlingFan wrote in post #14281718 (external link)
That doesn't matter an iota.

If the company reports the lenses stolen, and he's got them, then he's in possession of stolen property. How he got them doesn't really matter...


This could be slightly complicated. They need to prove that he has the lens. Once the police finds that the lens wasn't stolen but wrongly shipped out to an unintended customer, it gets tricky from there.


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Apr 17, 2012 14:07 |  #57

TooManyShots wrote in post #14281764 (external link)
This could be slightly complicated. They need to prove that he has the lens. Once the police finds that the lens wasn't stolen but wrongly shipped out to an unintended customer, it gets tricky from there.

I dont personally see how it's tricky, FTC guidelines above point it out pretty clearly. While the OP should contact the seller or whoever sent the lenses and notify them of the mistake and give them an opportunity to reclaim them at no cost to him, he's not even legally obligated to do so.

Also, to file a police report for something being 'stolen', but to tell the police exactly where something is? Yeah, that wouldn't at all scream 'fraud' / 'setup' / etc, and the police would be racing out to crack that case, I'm sure. If anything, once they filed a police report indicating the goods were 'stolen', the OP could hypothetically sue (I always forget if it's slander or libel at that point) since the accusation of theft would then be in writing.

Maybe that's how it's meant to be tricky.. good point.


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Apr 17, 2012 14:08 as a reply to  @ Mistabernie's post |  #58

It's been posted twice in this thread...can't be repeated enough:

http://www.lensrentals​.com (external link)


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TooManyShots
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Apr 17, 2012 14:14 |  #59
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Mistabernie wrote in post #14281831 (external link)
I dont personally see how it's tricky, FTC guidelines above point it out pretty clearly. While the OP should contact the seller or whoever sent the lenses and notify them of the mistake and give them an opportunity to reclaim them at no cost to him, he's not even legally obligated to do so.

Also, to file a police report for something being 'stolen', but to tell the police exactly where something is? Yeah, that wouldn't at all scream 'fraud' / 'setup' / etc, and the police would be racing out to crack that case, I'm sure. If anything, once they filed a police report indicating the goods were 'stolen', the OP could hypothetically sue (I always forget if it's slander or libel at that point) since the accusation of theft would then be in writing.

Maybe that's how it's meant to be tricky.. good point.

Well, none of us are criminal lawyers by trades?, I would contact my lawyer if I am getting calls from the police about a stolen lens. The owner can file a police report. However, it is up to the police if they think the lens was actually stolen and the OP was actually responsible for the theft.

Let me put it this way, if I want to keep the lens in the first place, I would not even call back BorrowLens. If I told them I have the lens and decided to keep it, yeah, I would think about the possible consequence. Litigation. Police inquiries. And etc. I may not be guilty of a theft. However, all the possible troubles I would end up enduring.


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chakalakasp
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Apr 17, 2012 14:15 |  #60

TooManyShots wrote in post #14281354 (external link)
Frankly, I would leave that to the police and the lawyer to figure out if this would be a theft.......they really didn't have proofs that he stole it. Did they record the phone conversation? Can they able to trace the lens from the point of delivery to the OP? The OP can even claim that he lied about having the lens because he just wanted free rentals.... :)

It's pretty simple; OP doesn't exactly sound like someone who would come up with a super-convincing story for the police officers that would contact him, nor does he seem like the type that would just clam up, meaning the officers would probably get enough out of him to secure a warrant for a search of his house. But fortunately OP isn't the kind of guy to steal the lenses.


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A cautionary tale about Borrow Lenses.com
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