Loonster In the US, unordered merchandise is considered a gift. The lady that received the machine was in her legal right to keep it.
That may not actually be correct in this case from what I gather: remember it was delivered by mistake to an ACS customer with a similar name (not to that woman), so not to the woman at the address and he was no longer resident there. She actually had no right to accept the machine and the US System should not have delivered it without proper identification! The following ruleset probably applies, but she certainly couldn’t claim under the other law you mentioned.
39 U.S. Code § 3004 - Delivery of mail to persons not residents of the place of address
However, at least it has been made right, @abstracted has his machine and of course mistakes do happen. ACS for getting the name/details wrong and the customer @abstracted in not spotting this and correcting them. Ultimately it’s whether it is properly resolved…sure it can be frustrating and sometimes take much longer than we would like.
Just for ACS benefit, if it were my company (which it’s not), as soon as I found out the machine had been delivered to the wrong address, I would have shipped a new unit immediately…I would not have wanted a customer to wait 6 weeks s to get their machine. Hopefully ACS have learned and would do this next time as I know they always wish customers to be happy and satisfied.
I believe that would have led to a far better outcome for everyone. I say this because it was almost 100% certain that the machine would arrive damaged from the lady who was so uncooperative about admitting she had the machine or forwarding it. She would have probably opened it and have been unable to replace the pallet, which is band strapped on.
