I received a bill for something I didn't order, what do I do?
by: Legal Aid Service of Northeastern Minnesota-Duluth
A legal question and answer column for seniors.
DEAR SENIORS LEGAL LINE:
I recently received a bill from a company that I have never heard of stating that I owe them money for a product that I never ordered nor received. They tell me that I ordered a snow shovel, and that I owe them $19.99 plus shipping and handling. Not only did I not order a snow shovel, I have no need of one as I live in a high rise apartment building. What can I do?
Signed, Lillian
DEAR LILLIAN:
Take heart, Lillian, as Minnesota law protects you. In Minnesota, it is against the law to solicit payment of money for merchandise not ordered. Minnesota Statutes § 325F.69, Subdivision 4. Since you have never ordered this snow shovel, and it is likely that this bill is the first contact you have had with this company, this law appears to apply to your situation. Furthermore, if indeed the snow shovel arrives at your apartment, Minnesota law allows you to keep unsolicited goods as a gift. Minnesota Statutes § 325G.01. In other words, because you did not order the product, under Minnesota law you do not owe the company payment for the product, even if you receive the unordered product.
I recommend that you write to the company and inform them that you have never heard of the company before you received the invoice, that you never ordered the snow shovel, and that you have not received the snow shovel. Also inform them of the two Minnesota Statutes I just cited. If you wish to have help with this matter, and you are at least 60 years old, and living within the seven-county Northeastern Minnesota region, I encourage you to contact our office. I am willing to write such a letter on your behalf.
Finally, you may wish to report this company to the Minnesota Attorney General's Office at 1-800-657-3787, or write to them at 1400 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101. Under Minnesota law, the Attorney General, or any County Attorney, may sue the company in civil court on behalf of the State. Minnesota Statutes § 325F.70.
This column is written by the Senior Citizens' Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us with questions for legal help by writing to: Senior Citizens' Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to: www.lasnem.org. Reprints by permission only.
|
