Ever mailed out the wrong coin to the wrong buyer?

Discussion in 'US Coins Forum' started by C-B-D, Jun 2, 2019.

  1. -jeffB

    -jeffB Greshams LEO Supporter

    Can you provide some citations backing this assertion? I understand the rules about "found money", but I'm not sure how you equate found money to the issue at hand.

    I think you're confusing ethics with law. I don't think the FTC's statements on unsolicited items depend on the sender's intent. Otherwise, a seller could send items to lots of people, harass those people with threats of going to collection if they don't pay, and then claim "oops, we didn't mean that" for recipients who to to the FTC about it.

    And as far as I know Littleton always makes it clear (in the fine print) that you're agreeing to receive coins on approval when you jump on one of their promotions. So if you tried keeping the stuff Littleton sends you without paying, the law would be on their side, which is the opposite of what you just said.
     
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  3. Bambam8778

    Bambam8778 Well-Known Member

    Sending the wrong coin to the wrong buyer is a fear of mine. It makes me triple check everything I send out. I haven't done it yet but I can see how it could happen!
     
  4. baseball21

    baseball21 Well-Known Member

    Sent a roll of silver Ikes instead of clad Ikes one time, needless to say I never heard from that buyer again. Joke was on him they were 1971 Ps and the clad graded out to be worth much more
     
  5. Razz

    Razz Critical Thinker

    Welcome!
     
  6. TypeCoin971793

    TypeCoin971793 Just a random guy on the internet

    I looked in a lot of places and saw several statements that it is illegal without a proper reference.

    From the FTC website:

    “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.”

    There is a Texas law:

    “Title 12. Sec. 602.004. MISTAKEN DELIVERY. A person who receives unsolicited goods as the result of a bona fide mistake shall return the goods. The sender has the burden of proof as to the mistake.”

    I did find a UK code which explicitly deals with this (Theft Act of 1968):

    “Dishonestly retaining a wrongful credit.
    (1) A person is guilty of an offence if—
    (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
    (b) he knows or believes that the credit is wrongful; and
    (c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.”

    Fun relevant read:

    https://www.cointalk.com/threads/wrong-click-costs-dealer-38-000-in-coins.163136/

    @GDJMSP @imrich @EyeAppealingCoins care to weigh in?

    The FTC protects consumers against companies that ship items and then demand payment for them. That is a far cry from shipping an item in error and requesting it back and offering to PAY the consumer for their troubles.

    I’ve seen several which don’t mention it. I wasn’t clear earlier.
     
    Seattlite86 likes this.
  7. spirityoda

    spirityoda Coin Junky

    In thee end it's all about doing the right thing. good karma or bad karma. good.
     
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  8. Endeavor

    Endeavor Well-Known Member

    I once mixed up the shipping labels on two items. So both items were going to the wrong buyer. Luckily I realized it within a day of mailing and had both packages intercepted.

    They were not high value items but the extra costs wiped out all the profit and put me at a loss on the sales. The good news is I changed my pre-shipment routine to make it very difficult to repeat that mistake.
     
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  9. TypeCoin971793

    TypeCoin971793 Just a random guy on the internet

    Apparently it falls under state codes. I did a quick search, and many states have a law in some variation of:

    “A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.”
     
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  10. wxcoin

    wxcoin Getting no respect since I was a baby

    I've never sold coins through the mail but have bought many on eBay. I've never received the wrong coin but if I did I never would try to profit from someone elses mistake. I value my conscious more than the coins.
     
  11. NAVY CHIEF

    NAVY CHIEF Active Member

    My recent order from the U.S. Mint for 2 each 2019 silver proof set was to include 2 each 19XW Reverse Proof Penny [sic coin] - these two coins were missing. Included were 2 each 19XW2 uncirculated pennies. Filled out a Certificate of Non-Receipt (CNR)
     
  12. GDJMSP

    GDJMSP Numismatist Moderator

  13. Doubled Eye

    Doubled Eye Member

    I always thought that in the end, the love you take is equal to the ❤️lo-o-o-o-ove... you make. edited
     
    Last edited by a moderator: Jun 3, 2019
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  14. R_rabbit

    R_rabbit Well-Known Member

    :)
    I believe that one should always be honest when buying or selling.
    However imho, I hate eBay and will never buy or sell on eBay!
    Why?

    I had the most horrible experience from dealing with eBay upon using the service. 2years ago.
    I kept this on file.

    eBay problems

    I had signed up with eBay. Did not buy anything.It was a little exciting at first. Then left the account dormant for a while. Decided to try checking it out again on Tuesday may 16. Placed a few bids on I think 4 items but got out bid on two. Then I noticed that the eBay site kept taking me outside of eBay to another site called vi.raptorebaydesc.com. Thought this was strange. Signed out of my account. Then tried to sign back in but it didn't except my password. So I was emailed a link to get a new password. So I put in a new password. Then I go and sign in and it doesn't except my new password. Tried my password a few more times. Didn't work. Tried to email a new password. Still didn't except my new password. Reset my settings.cleared data.then finally decided to call them.


    I called eBay at 10:19 pm talked for 21minutes. Told the about the problem. They tell me that there's nothing wrong.


    We go through through the process of getting back in to my account. I get in to my account.

    I get off the phone with eBay.

    Sign out of my eBay account then re-sign in and can't get in. I try to reset my password again. I try again and it doesn't except my password. By this point I'm to tired. I request a new password and then go to sleep.


    In the morning I try putting in a new password. It fails again when I try to sign in. At this point I no longer trust my eBay account and want to close it.


    I call eBay again. Finally get someone that says they are going to close my account and that I have two accounts open. 1 account from a different email address that I set up years ago. Yet I cannot get into it because I no longer can access that email account. So, I ask them to close this account as well. They say ok. I confirm with them that they are going to close both of my accounts. They tell me they are going to close both accounts and are going to send me a confirmation email. I said ok. I double checked with them again and confirm. They said they will send me an email. I hang up.


    Never received an email. Had to go drive my wife at work.

    Came home made lunch for me and my son then called eBay again at 12:38pm to confirm that my accounts had been closed. I told them I didn't purchase anything yet please delete or deactivate my account. I told them They said it was going to be deactivated last time I talked with them at 10:54am.

    They tell me they can't deactivate it because there are two items with bids on them. I tell them I can't get into my account I have already gone through this.Please deactivate it or delete it. They tell me to sign in again. I said fine. I tried again and can't get in. They still tell me they can't deactivate it because of the two bids and that I have to contact the sellers to ask them if I can retract my bids. I told them I can't get into my account.

    I'm beyond frustrated at this point. I told them please, let me talk to a supervisor or manager. They tell me he's busy. I said fine then please, just deactivate my account I'm done talking at this point and hang up.


    At 1:59pm I received a call from a supervisor at eBay he tells me he wants to help me with my account. I said ok. We go through the process of establishing the same thing. Nothing is resolved. I tell him I want nothing to do with eBay again I will be contacting a news agency or the credit bureau of Canada. This is unacceptable. I feel like my identity is being compromised. Please just send me an email to confirm my accounts have been closed. I then hang up.


    I believe my phone is hacked.


    Then I called global news. Left a quick message explaining my situation. Not completely assured that I was talking with the answer machine at global news.


    Today Friday May 19,2017.

    I call Fido. At least I think I am talking to Fido. No longer trust who I am calling. I explain to them my situation they seem very helpful. I verify with the operator that she is not a Hacker and she is a Fido representative in Canada, Ontario. Then through our conversation an alarm goes off in the Fido operators control room. The lady says sorry they are just testing the alarm system. I'm feeling very uncomfortable with talking with this person. I get a reference # then end the call.


    Decided to phone Apple to make a appointment with Apple Metrotown. So , I briefly explain my situation when I finally get to talk to someone. Then through our conversation I tell the guy I no longer trust, in my opinion.

    (Ahh, if you don't say in my opinion then it becomes a fact.) He then tells me he is an and I am talking with an apple representative in Jacksonville,MA. . I told him in so sorry don't mean to offend you. Then I asked for his name and case #. Then ended the call.


    Why can't we have companies in Canada with Canadian operators that handle each case. I don't want to get sued because of some stupid reason because they think they can.


    Saturday May 20,2017

    Updated my phones software to see if it would help. It didn't. Switched on wifi and checked my email. eBay sent me a few emails saying I was out bid on the last two items. So I knew my account would be safe to close finally. Called eBay to cancel, deactivate my account. I talked to two representatives then they said they will have a closure on the account but I could still log on if I wanted to until July 19th. I don't want to.

    They never sent an email saying my account has been deactivated.

    Why when there's a problem like this they can't just close the account and get me to open a new one. Then I could re bid on the items. It's too bad because I just lost all faith in this type of service.

    No thank you.

    I would never want my identity to be compromised.

    My account is still active and they won’t close it.
     
  15. TypeCoin971793

    TypeCoin971793 Just a random guy on the internet

    It sounds like there a virus on your iPhone. The way you get rid of it is to clear all website data. That would fix the redirect. Did you try logging in on a different device?

    It could be that the virus was using your updated password to kick you out of eBay on your end so that someone could have unlimited access on their end.
     
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  16. TypeCoin971793

    TypeCoin971793 Just a random guy on the internet

    I was wondering if you knew the specific law you referenced in the first page of that thread
     
  17. Mountain Man

    Mountain Man Well-Known Member

    I had won a bid on a graded currency bill but was sent a Civil War token instead. It took 2 months to resolve the issue and for me to receive my item, but mistakes happen and it all worked out, just frustrating.
     
  18. R_rabbit

    R_rabbit Well-Known Member

    :)
    It didn’t matter which device I used it still would not let me in.
    They still have me on file and will not delete my account. No matter how many times I tried to talk to them. Instead they kept redirecting me to someone else in a different department of eBay management. That would not close my account. I will never deal with them ever or amazon. Only well known companies that actually exist. Imho. Look yes but never buy.
     
  19. CircCam

    CircCam Victory

    I used to work in pro audio and ordered some routine cables or something and was sent some high $$ AD/DA converters by mistake. No sig required, big box left on my doorstep. I had no intention of keeping it, but I did check the local laws out of curiosity to see what the protocol is in a case like that, say it got left on my doorstep and someone else snagged it and then they came calling on me for recompense... etc.

    As I recall, the law here was that if it is delivered to you in error, you are not obligated to return, probably to protect folks from the above since they were not the one who made the error in the first place if it did go missing. I did return of course, but I got the distinct feeling from the guy on the phone that he was aware that I didn’t have to and was sweating about the mistake before I assured him I’d pop it back in the mail that day if he sent me a return label to print.
     
  20. usmc 6123

    usmc 6123 Active Member

    There is one guy on ebay that sends the rong coin all the time so I always email him and most of the time he says keep it and then sends the wright coin. You still go to hell for stealing that has not changed.
     
    C-B-D likes this.
  21. GDJMSP

    GDJMSP Numismatist Moderator

    The specific law ? No, but I did know that such laws exist and just about everybody I ever heard of considered them to be common knowledge.
     
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