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From: rfradenb@bbnccv.UUCP (Roger Fradenburgh)
Newsgroups: net.consumers,net.legal
Subject: Re: Mail order scam -- BEWARE
Message-ID: <2277@bbnccv.UUCP>
Date: Fri, 7-Mar-86 14:54:12 EST
Article-I.D.: bbnccv.2277
Posted: Fri Mar  7 14:54:12 1986
Date-Received: Sun, 9-Mar-86 09:24:53 EST
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Organization: Bolt Beranek and Newman, Cambridge, MA
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Xref: watmath net.consumers:4464 net.legal:3062


In article <545@nsc-pdc.UUCP> joemu@nsc-pdc.UUCP (Joe Mueller) writes:
>I just got burned for the insured return postage for a set of books from
>the Harlequin Reader Service of "Harlequin Romance" fame. The way they suckered
>me is they sent me a box with an envelope attached that states
>"official sweepstakes entry" on it. The box is stamped "free sample enclosed".
>I open the box and it contains a set of four romance novels and a free
>steak knife. I open the envelope and it contains a #@!@&# bill for the books!!
>
>I am under the impression that if I get a product that I did not send for
>it's perfectly legal to keep the product. 

It IS.  You should've kept them or, if you didn't want them, you should've
felt free to give or throw them away.  Mind  you,  you  probably  would've
received  "second  notice"  bills and an assortment of threatening letters
from these jokers (an outfit that sent "free" pantyhose samples  to  women
in the Boston area a year or two ago then sent bills, 2nd notices, threats
to destroy credit ratings and heart-rending  appeals  to  the  honesty  of
their  intended  victims).   However,  they'd  have  had  no  legal  right
WHATSOEVER to collect as much as one cent from you.

>I have absolutely no desire to
>read or posess romance novels so I decided to send them back anyway. The
>mailperson wouldn't pick up the package so I went down to the post office to
>send it back. They claim that the "return postage guaranteed" that is stamped
>on the box only applies to UNOPENED parcels. Since I opened the box, I have to
>pay the return postage. I wanted proof that I sent the books back so I sent
>the books with a return receipt requested.
>
>Is this legal? 

NO!!!!!!!!!!!

>Can anything be done to punish them if it isn't? I personally
>don't like to see them get away with this type of thing. I'm tempted to send
>them a bill for the $3.00 postage that they screwed me out of.

It's too bad you've already sent back the books at  your  expense-  You'll
probably  never  see  your  $3.00  again.   I  don't know offhand what the
punishment is for this sort of scam,  but,  judging  from  the  number  of
outfits  engaged  in  the  practice,  it's probably your basic wrist slap.
Either that, or convictions are hard to get.  Or both (sigh).

>I plan to file a postal fraud claim.

Do it!  Also complain to every consumer agency/organization you can  think
of.   Ripoff  artists  like  these  profit  from  people's ignorance of or
uncertainty about what's legal and what's not  and  from  the  fact  that,
unlike  themselves,  most  people  are  decent  and  honest (and thus feel
compelled to pay for things that are mailed to them).

Good luck with this.  Let us all know how you make out.

Roger Fradenburgh