Wrong Click Costs Dealer $38,000 In Coins

Duke, That only applies to unsolicited sales, not items sent to someone completely by mistake. See Doug's posts above that explain it very well.

Remember the old Record-Of-The-Month clubs back in the '60s. For only 25 cents they send you two records. Then every month they will send you two more records "for approval"; if you want the records you keep them and send in payment but if you don't want them you "simply" return them. Once you were a member you could never quit. The law now states that if someone sends you an item for approval (and you did not request it) you can keep the item. That does not apply if the person sends you the item by mistake.

 

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I'm disgusted that there's people like this in this country!
I would of not hesitated to return these coins to the rightful owner, and not have even expected a thank you. I must weird, cause it's just the right thing to do!
I found a guys wallet about a month ago, opened it up and got the address off his ID, than drove to his house and returned it!
The guy was still in shock as I left, maybe cause all his money and credit cards where still in there.
This absolutely breaks my heart that people are like this and call themselves American's! I truly hope Karma bights him in the butt!

 

I believe I would also make that trip. Maybe a FRIENDLY face-to-face conversation will change his mind. If not, then while the seller is in the same town and state, he could contact a lawyer and file the complaint.

 

Of course, some of us (myself included) would contact the sender and arrange for the return of the mis-sent items. I probably would request that he pay me the cost of shipping them back, and to remember my kindness next time we did business. If I were feeling exceptionally grumpy and selfish that day, I might also request payment for the cost of gas, packing supplies and the time involved. No way I would keep something that wasn't mine, though.

However, I am fairly well-off these days, to the extent that a $38,000 windfall wouldn't change my life that much, so I can afford to be noble. I'd like to think that back in my poorer days I'd have also been inclined to send it back, but I'm not so sure.

 

You obviously know nothing about customer service, and keeping repeat business in your establishment.

 

I'm sure the dealer has a detailed list of every coin in the shipment for insurance purposes. After all, the value of the coins was $38,000.00.

 

Even though $38k is greater than annual income for many of us, there is that temptation to keep the coins. So many of us do not know the law and revert to that childhood saying “Finders keepers...” I for one will pick up a penny and do a quick look for the owner. If a child is nearby, I will give it to them or their parent. Now, $38k... I would either return it or bring it to the local Police. After all, the money is nice, but I have to live with myself.

 

[Off-topic]
Imagine if I step on the bills, fall on the floor, and fracture one of my bones...who might be giving money now?

 

Mistake cost PAIN & $$$.

In my opinion You are 100% correct. The person received is not responsible to go back to POST OFFICE and Pay for a Postage Stamp and mail it back to the Sender. If the Sender contacted the wrong person to received it. He has to make an offer $$ and also ask an apology that he was bother his time for picking up the wrong package that is not belong to him. If I am the person who received it of course I have to open it was my name listed on that parcel and it was Now belong to me. Then after recognizing this parcel is not belong to me and the right owner contacted me, Then we will make some arrangement to settle this BIG MISTAKE from Him. First he has to pay me for my Gasoline expenses for picking up the parcel, second I will ask a compensation for my excitement and PAIN for receiving a FORTUNE not really belong to me. For How much? I think about 33% of the total value of that parcel. I just only compare this to all some Lawyer’s FEE for CAR ACCIDENT. If we do not win in this case you do not pay anything. What a DEAL....
WHAT ALL YOU THINK?
33% SHARE Do you think I am a little GREEDY like all those asking 33% or he will receive NOTHING at all…If he Fight on court on this I think He/She will spent more than 38 K for Legal Fee for a battle in court.
Mistake always COST PAIN & $$$$.- This is LIFE on Earth.- redwin117:smile:thumb:

 

id be happy with 5-10% honestly

 

PAIN and SUFFERING.- You can file a lawsuit first before you received thAT $$$.

 

OK. ME TOO WITHOUT GUILTY FEELINGS. honestly...

 

I would be skittish on such a big ticket mail order deal. The dealer may get his coins back, but what a huge cash flow tie up while all this is sorted out. In the meantime, the customer may take his order somewhere else.

 

Recognizing that the dealer can still lose for moral damages, he should definitely offer something to the Georgia man.

 

lol that guy lives 20 minutes from me !

 

I agree 100%. I had a similar situation with Apmex last year when they sent 3 x 1oz gold bars and 20 x 10oz silver bars to me at my work address. One of my employees (unbeknownst to me) picked up the package at the Post Office along with our regular mail and the clerk did not ask her to sign for it. It caused me some consternation as the package showed as delivered, but when I went to the Post Office myself they couldn't find it or any record of it having been collected. So I contacted Apmex who started the claims process. The next day my employee brought the package in (it had sat in her trunk overnight). I could have denied receipt and kept > $8K of merchandise for myself. Instead I called Apmex to cancel the claim, then I called the Postmaster to let him know that some in-service training might be required. My integrity is worth more than $8K to me.

The nice thing about this thread is that it's good for building a list of people not to do business with in the classifieds section.

 

you took the words right out of my mouth.

 

I guess it all depends upon the state laws. Each STATE has their own laws dealing with this. This dealer COULD lose out on everything. For those of you saying it's a slam dunk for the dealer, you should look at Minn's laws, as well as GA's laws governing this type of situation. The USPS is clearly out of the picture, they merely delivered a package to the PROPER address that was on the package (that in itself can sometimes be a monumental task, as the USPS, IMO, stinks). It isn't a law that's the exact same for each state. That much I do know, after having asked a friend who IS an attorney in Boston (if it were brought in front of a judge in Mass, the dealer would most likely never even see a jury and walk out losing, period).

Now, if it were me, and the dealer offered that 5-10%, as another poster suggested, it's a done deal, no question. I would have sent it back anyway, but would have asked for all expenses incurred, not talking about nit-picky things like gasoline...a P.O. is less than a gallon of gas away....and that kind of good deed is one that SHOULD go unpunished-just referring to the saying that 'no good deed goes unpunished'....5-10% is at LEAST a common date Saint, or AGE, and being a good person, it should warrant this type of 'reward' for being able to avoid attorneys fees, court costs, not to mention the POSSIBILITY of losing it ALL. The Athens man, if he has a conscience, would/should send them back, with expectations of re-imbursements plus a stipend for being honest. But, it is up to the actual STATE'S law as to whether or not the Athens man HAS to send back. Now, the question is, which state has jurisdiction. Depending on whether or not the laws differ, then this could get drawn out, OR it could be 'case closed' very quickly, either in the dealer's favor OR the recipient's...again, depending on which state would have jurisdiction over this.

 

Does this mean that those who only SUGGEST it COULD be a case of 'seller mistake, recipients luck' are bad people to deal with? I don't believe (and I've read every post) that ANYONE has said 'I'd keep the coins, tough luck to the dealer'. All other comments about the COINS are merely speculative, unless an actual attorney from BOTH states can chime in. The only questionable comment about being ethical is the 'finding money at the bank' comment' That's like saying 'I found this diamond while touring a diamond mine, and I kept it'. CASH found at a bank is QUITE obviously either the banks, or another customers, and the chances it just came from a transaction are damn near 100%, so it SHOULD have been turned over.

But to think that those of us who merely have differing opinions on how it could turn out (take me...I STILL think it's not a slam-dunk for the dealer...even Duke believes it isn't a slam-dunk for the dealer either, and he's been a well respected member here for awhile)...that means we are not ethical people to deal with? I have flat out said I WOULD return the coins, it's ETHICALLY the responsible thing to do (I believe in Karma also). This means I, and those that are merely not agreeing that it's a slam-dunk for the dealer, are people that shouldn't be dealt with in the classified section of this site? That's BS.

 

Well IMO of course...doing the right thing should never come with stipulations and conditions. All laws aside the man in Athens should do the right thing and make arrangements to send them back(at the dealers expense, that is only fair) with no expectation of compensation other than that. That being said for the dealer to do the right thing he should offer a reward, and compensation of expenses. If it were me and I made the mistake the dealer did, and the guy told me he wanted compensation, I would consider it extortion. And I would have to make that drive to have a chat with the guy.

I spent the better part of my younger life associating with what society considers scumbags, but I have never met so many people who will hide behind laws to justify being immoral. Kindof upsetting, sad really.