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Unsolicited Merchandise—Finders Keepers

If you receive a gift in the mail that you did not order, you are under no obligation to pay anything for it.  And don’t feel guilty about accepting the item—that’s just what the company is hoping you will feel.

Only two types of merchandise can be sent to consumers through the mail without their consent or agreement--free samples that are clearly and conspicuously marked as free samples, and merchandise mailed by a charitable organization that is soliciting contributions.  With each of these types, you can consider the merchandise a gift.  Except for these cases, it is illegal to send merchandise to someone unless the person has previously ordered or requested it.

Remember that you have no obligation to the sender.  You may do one of three things.  If you have not opened the package, you may mark it “Return to Sender,” and the U.S. Postal Services will return it with no additional postage charged to you.  If you open the package and don’t like what is in it, you may throw it away.  If you open the package and like what you find, you may keep it for free.  In this case, “finders-keepers” applies unconditionally.

It is also illegal for a company that sends you unordered merchandise to follow the mailing with a bill or dunning communication.  If you are aware of violations of the law that prohibits unordered merchandise, or if you have personally had difficulty with such items, you should contact your local postmaster or the nearest Postal Inspector.