just got a Second Evo - Page 4

**drewcam888** · #31 (**permalink**) 06-10-2010, 11:30 AM

Quote:

Originally Posted by ponicg

Err no. If you didn't order something and a company sends it to you, the FTC says it's yours. If the OP really didn't order a phone from Sprint, then according to this post:
FTC's Site

It's his to keep. "Karma" has nothing to do with it. Legally he isn't obligated to return it unless he actually ordered it. It gets awfully frustrating reading about people's subservience to companies on this site. First installing software on your phone voids your warranty, now you've got to go out of your way to give Sprint back a product you aren't legally responsible to return to them? ROFL. If you make a mistake and ship Sprint something you weren't supposed to, good luck getting it back. If they do, somehow they have a right to charge you? I. Don't. Think. So... and neither does the FTC.

Wow that FTC article is interesting. I never knew that was a real federal law. I say keep the evo after reading the ftc article.

**eenieMINI** · #32 (**permalink**) 06-10-2010, 12:42 PM

Quote:

Originally Posted by drewcam888

Wow that FTC article is interesting. I never knew that was a real federal law. I say keep the evo after reading the ftc article.

And then there's this to consider (from same link):
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.

Mswezey · #33 (**permalink**) 06-10-2010, 01:08 PM

I'd say this:

If Sprint has ever royally screwed you over, keep the phone sell it on ebay or on here if you feel generous and have the 50+ post count.

If Sprint has not royally screwed you over before, call them up and see if they would like their phone back.

Karma can be b**ch, but if it is rightfully deserved then I wouldn't worry about it.

**elephant007** · #34 (**permalink**) 06-11-2010, 03:53 PM

Quote:

Originally Posted by mlin

You're not going to like my answer, but I say do the right thing and return it.

Do the right thing return it back to Sprint, Karma ain't no joke
There really shouldn't be a question of what you should do with, its really a no brainer... return it

**lipidfats** · #35 (**permalink**) 06-11-2010, 05:47 PM

ha, if it was sent to you with your name on the box, then it's in their system somewhere and you will get billed. The thing about sprint is if the phone was billed to the account then it's not going to show up for another cycle or two. So while nothing is charged to your account now, it will show up later on.Not sure how they made this mistake, but u should get it resolved. I bet you can get a discount on your next bill for the trouble. Who the heck wants to mail something back when it's not even something they ordered? eCare is calling your name. And if they say they don't have a record of it and therefor can't take it, then save that email and sell the evo

**Mojary** · #36 (**permalink**) 06-11-2010, 05:52 PM

i doubt sprint will only bill him $300. because if they review his account, it will show on there that he already upgraded to the evo...or has just signed up for a new account to get it at the shack. either way, he's not eligible for the upgrade. but in any case, he'll be billed the full price of the phone. unless he returns the first within 30 days.

why make yourself go through the hassle of waiting when you're gonna see it on the bill and transact with another individual to pay you for the phone at the same cost.....when you can make it easier on yourself and just avoid being billed for it by returning it?

with giants like sprint, its easy for us to think of ways to stick it back to them. but just remember, a good deed does not go un-noticed. somebody will pay it forward to you in the future.

Tilde88 · #37 (**permalink**) 06-16-2010, 05:20 PM

just keep the shit... bleepall this karma 18year old superstition crap,,,,
they are 'hating'

id love a free evo.l..
one with WP7... one with Android Gingerbread,,, Yes!

NuLLKiLL · #38 (**permalink**) 06-16-2010, 07:02 PM

Quote:

Originally Posted by eenieMINI

And then there's this to consider (from same link):
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.

According to the FTC YOU SHOULD KEEP THAT BAD BOY! I trust their advise more than my own and would recommend taking it. As for the quote above they are saying it would be nice if you returned it due to a shipping error but you have no responsibility to return it and it would clearly be the shippers responsibility.

I would do the certified mail and make sure you have a copy then if you ever have a problem you respond "nope I did not ever ask or order a EVO to be sent to my house. I sent you a certified letter stating this and that I appreciate the free gift according to the FTC rules but you will need to take any further action up with the FTC as I am bound to follow their guidelines. Thanks and have a nice day. Thanks for choosing me as a customer!"

And to all you Karma's gunna get you maybe this is karma getting him by giving him a free phone!

**eenieMINI** · #39 (**permalink**) 06-16-2010, 08:31 PM

I read that slightly different. I read, you must/need to notify them of shipping error, give "a certain amount of time" for them to respond and then its yours. So sending a letter saying thanks for the gift is not quite the same.

Here's the way around it, though its not what I'd do personally, when you give that "certain amount of time" for a response you put the date as the date you write the note, give 24hrs from that date and send the letter the next day. The time period will have passed by the time they receive the notice and you're covered. There is no specific requirement of time but it seems clear to me at least that there is a requirement to notify and give time period to respond.