Issue regarding Paypal dispute

Your issue is with paypal and they're are easy to contact by email or phone, sounds to me like you have feelings of guilt and you think by posting here people will justify your actions. 👎🏻👎🏻👎🏻
 
I believe OP has stated that he has contacted Paypal and Paypal will not release the seller's address information as the case has been closed, and that the seller would need to provide that information via communication to OP.
 
Thomas Linton said:
39 U.S. Code § 3009 -
(a)
Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of un¬ordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b)
Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c)
No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d)
For the purposes of this section, “un¬ordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
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This doesn't really apply, because the merchandise in question was indeed ordered by the OP. The applicable law would be that of lost or abandoned property, which varies from state to state.
 
Thomas Linton said:
OP bought A.

Seller sent B.

OP brought this to seller's attention and seller ignored OP.

OP opened PP case and seller ignored OP

OP went to final stage with PP. Seller ignored OP and, apparently PP (Otherwise, from my single experience [the "excellent" slipjoint rusted shut], PP would have instructed OP to return item).

My issue is determining how much money and how much more time does the OP owe the seller.
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me and the op already settled this issue.

we don't know the seller of knife is ignoring the op, we only know he has not responded.
 
brancron said:
This doesn't really apply, because the merchandise in question was indeed ordered by the OP. The applicable law would be that of lost or abandoned property, which varies from state to state.
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I appreciate your contention. One might, however, argue that the OP ordered something other than what was delivered.

I thought there would be court decisions excusing the delivery of items by mistake. It does not seem to exist.
 
Thomas Linton said:
I appreciate your contention. One might, however, argue that the OP ordered something other than what was delivered.

I thought there would be court decisions excusing the delivery of items by mistake. It does not seem to exist.
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I did some cursory research and could not come up with anything on USCA 3009's applicability to mistaken or inadvertent mailings either. That seems sort of odd. But I still don't think it would likely be interpreted to apply to a situation (like here) where ordered merchandise was not significantly as described (there's already plenty of state implied warranty law, etc. to cover that). "Section 3009's main purpose is to combat the old and pernicious practice of mailing unsolicited merchandise by enabling the Federal Trade Commission to attack the practice as a per se violation of unfair trade laws and by allowing the consumer to keep the item received." (Kipperman v. Academy Life Ins. Co. (9th Cir. 1977) 554 F.2d 377, 379.) More specifically, it's intended to "control the unconscionable practice of persons who ship unordered merchandise to consumers and then trick or bully them into paying for it." (Kipperman at 379, citing 116 Cong.Rec. at 22314 (June 30, 1970).)
 
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bigmark408 said:
Your issue is with paypal and they're are easy to contact by email or phone, sounds to me like you have feelings of guilt and you think by posting here people will justify your actions. 👎🏻👎🏻👎🏻
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Hmmmm how did you seem to find your way off my ignore list? Let me fix that lol. If you read the entire thread you would see my issue is in fact NOT with paypal and that i have indeed been in contact with them both by email and by phone. The original seller is the only one who has not responded to multiple emails from me trying to send the knife back to him since ive already recieved a refund due to his non responsiveness

As for my actions.... the don't need ANY justification. Im trying to do the right thing. Ive never encountered this before so i sought opinions on what else i could do
 
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I agree that what you propose ought to be the solution. Mere mistake ought not trigger the penalty set out in the statute.

But can legislative intent be used to ignore the plain meaning of the words?

I order a Chevrolet Impala. I an sent a Cadillac CT6. Is the CT6 "un-ordered"?

Did the OP order what he received? He says not. Therefore, what he received was "un-ordered."

Sometimes the courts cannot save the legislators from their routine ineptitude. They - the legislators - have to correct their blunders.
 
bigmark408 said:
Your issue is with paypal and they're are easy to contact by email or phone, sounds to me like you have feelings of guilt and you think by posting here people will justify your actions. 👎🏻👎🏻👎🏻
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Blatantly obvious why you were on Pop's ignore list. Pretty sure you will wind up on a few more and it is well deserved.
Don't think I have to tell you, Pop, ignore!!
Joe
 
palonej said:
Blatantly obvious why you were on Pop's ignore list. Pretty sure you will wind up on a few more and it is well deserved.
Don't think I have to tell you, Pop, ignore!!
Joe
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I just got this from the troll being a pot calling the kettle black. I wont feed into it with a response to him.

"OR, by email:
mailto:bigmark408@gmail.com

This is the message:

You're a troll and a drama queen, you use the paypal system to test drive knives.

All you do is talk crap around here, your cheap and don't even pay for a membership.

Internet loser is what you are. 👎🏻👎🏻👎🏻

Mark"
 
Ok.....wait a second here!!!!
"Internet loser"????????? That is priceless!!!
I'll repeat.......IGNORE!!
Joe


Sent from my iPhone using Tapatalk
 
palonej said:
Ok.....wait a second here!!!!
"Internet loser"????????? That is priceless!!!
I'll repeat.......IGNORE!!
Joe


Sent from my iPhone using Tapatalk
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I paid for a membership for 5 years and dont re up it because i currently own very few knives with nothing to sell and all of the sudden in cheap. :rolleyes:

If i test drove knives, and i dont, but if i did.... i think id have more negative feedback than bigmark..... lol
 
I'm concerned for your mental welfare Pop!!! You have been tagged an Internet loser!!!! Oh the humanity!!
Once again......isn't the ignore feature wonderful my friend!!!
[emoji1][emoji1][emoji1]
Joe


Sent from my iPhone using Tapatalk
 
palonej said:
I'm concerned for your mental welfare Pop!!! You have been tagged an Internet loser!!!! Oh the humanity!!
Once again......isn't the ignore feature wonderful my friend!!!
[emoji1][emoji1][emoji1]
Joe


Sent from my iPhone using Tapatalk
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1760 posts in less than a year, I put you in the same category as "pops" but you actually paid. 😂

I've bought and sold hundreds of knives and NEVER had an issue finding a return address, it's on the box and on paypal.

This guy is a test driver. IMO. 👎🏻👎🏻👎🏻
 
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KELAMA said:
Big Mark: I'd like to introduce you to, Joe P. :thumbup:

Joe P: Please meet Big Mark. :thumbup:

BTW- Big Mark, likes big girls! :)

Joe, likes big dogs (please check profile)!
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You Sir are disgusting. 😱 I thought you had an intervention ?
 
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