Unordered Merchandise In The Mail
Consider It A Free Gift

LINCOLN - Thousands of people receive unordered merchandise in the mail each year. Fortunately, if you are the recipient of an unordered package, you do not have to pay for the merchandise. Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment.

Unfortunately, some less than reputable companies may send unordered merchandise and then attempt to collect from you. If you receive unordered merchandise in the mail, you may keep the shipment and consider it a "free gift".

Here are answers to some of the frequently asked questions we get from consumers who have received unordered merchandise.

Q. If I receive merchandise in the mail that I did not order, am I obligated to pay for the item? Am I obligated to return it at my own expense?

A. No to both parts. If you are sent books, address labels, articles of clothing or anything else through the mail that you did not order, you have a legal right to keep the merchandise and consider it a "free gift".

Q. Am I obligated to notify the sender if I keep the unordered merchandise?

A. You have no legal obligation to notify the sender of your intention to keep the shipment as a free gift. However, your letter may discourage the sender from billing you for the merchandise--or it may help to clear up an honest error.

If you receive billing notices for the unordered merchandise, or if the sender threatens to send the bill to a collection agency or tarnish your credit history, write a letter to the company stating that you never ordered the item and have a right to keep the merchandise as a free gift. A good idea would be to send your letter by certified mail, return receipt requested. Be sure to keep a copy of the letter for your records.

Q. I believe the unordered merchandise I received was the result of an honest shipping error. What should I do?

A. If you believe the package you received was the result of an error, write to the seller and offer to return the merchandise. Ask the sender to arrange for the pick-up of the package or to send a pre-paid shipping label. Specify a reasonable amount of time for the merchant to comply with you offer. After that time has expired, you reserve the right to keep the merchandise or to dispose of it as you see fit.

Q. If I recognize that a package is not something I ordered, may I simply hand it back to the Postal worker?

A. Yes, but only if the package and the envelope on the box have not been opened.

Q. Is there anything I can do to prevent unordered merchandise from being sent to me?

A. Read the fine print carefully when ordering "free" or "trial" offers or when filling out a sweepstakes entry. You may find that by filling out the form you are authorizing the business to enter you into their "club" with regular purchasing obligations.

For more information about this or any other consumer issue, contact:


Attorney General's Office
Consumer Protection Division
2115 State Capitol Building
Lincoln, NE  68509
(402) 471-2682
Consumer Protection Line:  800-727-6432