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Old 12-11-2012, 07:13 PM   #33
PatNY
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Quote:
Originally Posted by hrosvit View Post
If you live in Pennsylvania, and you come into control of another person's property (whether this other person is the intended recipient or the sender) that is delivered by mistake "as to the nature or amount of the property" (in other words, the cashier gave you too much change), or "the identity of the recipient" (in other words, the wrong addressee or address), you are committing a crime. State law can criminalize behavior that federal law does not (just not the other way around). And "delivery" does not mean "delivered through the mail or some other postal-type service", it just means possession transfers from one person to another (as in "drug delivery").

But, as stated before, the recipient has not committed a crime if she/he takes "reasonable measures to restore the property to a person entitled to have it". If they tell you to keep it, or ignore your report of mistaken delivery, you're in the clear. There has to be an intent to deprive the rightful owner of the property.
I agree with khalleron. The law both on the federal and state level (including Pennsylvania) appears to make a clear distinction between unsolicited goods sent to the correct address and goods that are delivered by mistake to the wrong address. In the first instance, the person is not obligated in any way to even attempt to return the package. In the latter instance, a misdelivery, the person getting the package has no legal right to the goods which remain the property of the person to whom the package is addressed.

The law in PA that you referenced appears to cover only misdeliveries. The attorney general's website for Pennsylvania confirms that consumers in that state who receive unsolicited merchandise addressed to them are not required to return the items:

Quote:
If you receive a product in the mail, addressed to you, that you did not order, you can consider it a gift and are not obligated to pay for it.
And here the U.S. Postal Service affirms that items correctly delivered to you which are unsolicited are yours to keep:

Quote:
If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.
In the case of the woman who got the 5 iPads, legally she was under no obligation to return them or even attempt to contact Best Buy.

The law may appear to favor consumers, but it's there to prevent unscrupulous companies from hounding people for payment for goods never ordered.

--Pat

Last edited by PatNY; 12-11-2012 at 11:48 PM.
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