My mother just got a package she wasn’t expecting. After calling me to confirm that it wasn’t the birthday present I had told her not to open yet, she opened it and found a very ugly, very cheap outfit (as in clothes).
The package was listed as coming from a “Joe Doe”, in Jamaica, New York. A quick Google revealed that this is a “brushing” scam: Basically, they send out trash to random people, so they have a “verified customer” to post reviews of their trash-shops.
I don’t think that she needs to do anything further about this, right? Just throw away or whatever the cheap clothes, and forget about it?
No relative of mine would ever send ugly clothes to anyone, only nice ones!
Federal law may allow recipients to keep items they received but did not order . Recipients are under no obligation to pay for unsolicited merchandise and can consider it a gift. If you don’t want the item, you can donate it or simply dispose of it and do not have to return it.
I think that’s right. The various anti-scam sites say “look out! they’ve illicitly obtained your name, address, and maybe phone number!” But that’s all public information. They’re not scamming your mom - they’re scamming Amazon.
Where are you quoting that from? It helps with statements like that to link to the source or at least list the source.
This article supports your statement:
If you receive bills for supplies you didn’t order, don’t pay. The law allows you to treat unordered goods as a gift. You don’t have to return the merchandise, and you don’t have to pay even if someone in your business used the supplies before you realized they were unordered.
But that would be going a little out of your way to help the most prosperous online retailer in the world, so a judgement call. (Maybe helping bust a dishonest seller might be enough compensation.)
You may already know this, but for the potential edification of others:
The scam doesn’t really have anything to do with the person who receives the item. It works like this:
Scammy Socks points at a random name in the phone book. They get Johnny Bravo, who lives at 123 Cecil Lane.
Scammy Socks creates an Amazon account. They add my name and address to the account. Amazon doesn’t care - there are a bunch of accounts out there that point to that address from various friends and family sending me stuff. What’s one more?
The fake account orders some shitty socks and pays for them.
The order ships and Amazon confirms delivery to 123 Cecil Lane. The fake account is now a verified buyer.
The fake account posts a glowing product review.
Scammy Socks doesn’t care whether you keep the socks, eat the socks, or yeet the socks. They got what they wanted - a five-star review.
And they might change the listing to some other product(say a fake USB drive) but the reviews still remain. Since most people go by the star rating and don’t read the reviews, they get fooled into thinking it’s a top rated product.
Wouldn’t the doctrine of unjust enrichment come into play? Especially if it’s someone else’s name or address, couldn’t it be conversion of goods, and liability for trover or replevin? I imagine a scammer wouldn’t take you to court, and an honest merchant probably wouldn’t bother for something as cheap as a shirt. But if for example you receive a package worth thousands of dollars by mistake, and you know you received it by mistake, you aren’t allowed to just keep it as a gift.
For example, I live in an apartment complex and sometimes I get mail and packages with a missing recipient name and/or missing/incorrect apartment number. ETA2: One time, when I worked at a medical office, we received a shipment that should have been sent to another office because the vendor mixed up the accounts when preparing the label.
ETA: The OP says his mother “got” a package she wasn’t expecting. It’s not clear whether or not the package was delivered to her on purpose or by mistake, until you factor in the conclusion that it is part of a brushing scam.
Yeah, I shouldn’t have said “throw away”, because Mom would never throw away anything that she could repurpose in some way. And in fact, she also happens to be the person in charge of the church’s annual rummage sale, so that’s the likely fate of this outfit.
I haven’t seen the packaging yet, so I can’t 100% confirm that it was Amazon-related, but I’ll check next time I’m at her place.