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The OP's cousin should actually contact Chase immediately and let them know that she received the phone. She should have done this the minute she actually received the phone. Chase is actually on the hook for the charge now, not Apple. Apple not getting back to Chase is irrelevant to the fact that the OP received the phone for which her charge was credited. Contact Chase immediately and follow their advice. The phone is already outside of the Apple return window though, so I would be interested to know what they advise. Just keeping the phone without telling anyone is dishonest, unethical and completely inappropriate. I am absolutely disgusted by the number of posters advising the OP to do nothing. Bunch of dishonest and unethical rats in my opinion.
 
One of the effects — I’m not joking or trolling here — of Trump being elected is that I lost all faith in the notion that doing the right thing is always the right thing to do.

This is a man who has lied and cheated and screwed people over his whole life. His punishment? Vast wealth, a beautiful wife, and the presidency of the United States.

Or look at Apple — the supposed victim here — itself. It goes out of its way to avoid paying taxes. You know, the things that make the lives of ordinary people just a little bit better. Oh, sure, its tax avoidance is legal. But it’s downright immoral.

What duty of morality and fair-dealing is owed to Apple? What evidence is there that doing the right thing is always — or even ever — the right thing to do?

From my understanding the OP’s cousin used her best endeavours. Apple ignored them. Why do some posters here imply a further burden upon her to correct an error not of her making?
 
From my understanding the OP’s cousin used her best endeavours. Apple ignored them. Why do some posters here imply a further burden upon her to correct an error not of her making?

I don't understand why anyone else thinks she has any other burden either. She called Chase and chase reached out to Apple. Apple didn't respond, Chase removed the charge and didn't ask for the phone to be returned. I am not sure I understand what some folks thing she did wrong.

The FTC rule is pretty clear, but the Minnesota Attorney General spells it out a little more detail, keeping in mind it is *not* a state by state law....

"Under state and federal law, recipients of unordered merchandise may keep the goods and are under no obligation to pay for or return them. The recipient may treat the merchandise as an unconditional gift—and may use or dispose of the merchandise as he or she sees fit. The recipient also may refuse to accept delivery. Federal law states that the sender cannot send you a bill or collection notice for unordered merchandise."

It can be debated whether or not anything further can or should be done.. but if Apple didn't want to respond to Chase and Chase didn't see fit to request it back, how much more is she required to do? Immoral? Unethical? Really? Or maybe simple negligence on the part of Chase?
 
One of the effects — I’m not joking or trolling here — of Trump being elected is that I lost all faith in the notion that doing the right thing is always the right thing to do.

This is a man who has lied and cheated and screwed people over his whole life. His punishment? Vast wealth, a beautiful wife, and the presidency of the United States.

Or look at Apple — the supposed victim here — itself. It goes out of its way to avoid paying taxes. You know, the things that make the lives of ordinary people just a little bit better. Oh, sure, its tax avoidance is legal. But it’s downright immoral.

What duty of morality and fair-dealing is owed to Apple? What evidence is there that doing the right thing is always — or even ever — the right thing to do?

From my understanding the OP’s cousin used her best endeavours. Apple ignored them. Why do some posters here imply a further burden upon her to correct an error not of her making?

You can’t point finger at a killer and say killing is fine so I’ll kill someone today.
 
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It might be worthwhile re-reading post #1 beginning with “She called Chase and told them what happened...”

Ah, if she did in fact inform Chase that she had the phone in her possession, then that is a different story altogether. She should double check with Chase and ask them what to do with the phone. If they tell her to keep the phone, then all is good. When customers dispute a charge, the credit card company is on the hook for the charge. They will obviously try recover directly from Apple, but seeing that Apple never got back to them, it’s unlikely Chase recovered the money either. As far as Apple is concerned, the customer placed two orders, both orders were paid for, and they delivered two phones to the customer. Therefore the correct course of action is to follow the instructions laid out by Chase as they were the party at fault here. I am surprised Chase never advised the cousin to return the phone to Apple in the 2 week period. That, coupled with the fact that the OP is asking strangers on a forum what to do, leads me to believe that the cousin did not inform Chase she had possession of the 2nd phone. Correct me if I am wrong
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I don't understand why anyone else thinks she has any other burden either. She called Chase and chase reached out to Apple. Apple didn't respond, Chase removed the charge and didn't ask for the phone to be returned. I am not sure I understand what some folks thing she did wrong.

The FTC rule is pretty clear, but the Minnesota Attorney General spells it out a little more detail, keeping in mind it is *not* a state by state law....

"Under state and federal law, recipients of unordered merchandise may keep the goods and are under no obligation to pay for or return them. The recipient may treat the merchandise as an unconditional gift—and may use or dispose of the merchandise as he or she sees fit. The recipient also may refuse to accept delivery. Federal law states that the sender cannot send you a bill or collection notice for unordered merchandise."

It can be debated whether or not anything further can or should be done.. but if Apple didn't want to respond to Chase and Chase didn't see fit to request it back, how much more is she required to do? Immoral? Unethical? Really? Or maybe simple negligence on the part of Chase?

I agree with you on the part that the OP is under no obligation to do anything further if Chase advised her to keep the phone. Where your post is factually incorrect is the part about “recipients of unordered merchandise”. This is not relevant to this situation because the merchandise was ordered, paid for, and delivered as far as Apple is concerned. If Chase recovers the money, then the OP should be obligated to return it. If Chase dos not recover the money, but provides a credit, then technically, they should be entitled to the phone no?
[doublepost=1513645224][/doublepost]
This is a man who has lied and cheated and screwed people over his whole life. His punishment? Vast wealth, a beautiful wife, and the presidency of the United States.

Yes, both a beautiful and a dumb wife. In addition, the best part for him is that he doesn’t even have to listen to her because she can’t really speak English! The guy gets to do whatever he wants and she just nods and smiles at him...
 
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Ah, if she did in fact inform Chase that she had the phone in her possession, then that is a different story altogether. She should double check with Chase and ask them what to do with the phone. If they tell her to keep the phone, then all is good. When customers dispute a charge, the credit card company is on the hook for the charge. They will obviously try recover directly from Apple, but seeing that Apple never got back to them, it’s unlikely Chase recovered the money either. As far as Apple is concerned, the customer placed two orders, both orders were paid for, and they delivered two phones to the customer. Therefore the correct course of action is to follow the instructions laid out by Chase as they were the party at fault here. I am surprised Chase never advised the cousin to return the phone to Apple in the 2 week period. That, couple with the fact that the OP is asking strangers on a forum what to do, leads me to believe that the cousin did not inform Chase she had possession of the 2nd phone. Correct me if I am wrong

It could be that Chase doesn’t want it back either, because what do they do with it? I guess a bank manager could give it to an employee, but that gets into a sticky situation as well as far as the FTC ruling goes and requesting something back that shouldn’t have ever been shipped?

If she did indeed get in touch with them and nobody has requested it’s return, they may just have decided it wasn’t worth the hassle.

I could be wrong, but my understanding of the Costco/Apple divorce was due to the fact that when a customer returns an item to Costco, Costco simply sends it back to the manufacturer and it’s the manufacturer who is on the hook for it, not Costco. But in the case of Apple, Apple wouldn’t accept the items back and Costco would be on the hook for it.

I wonder if it boils down to something along the lines of Chase doesn’t want it and doesn’t know what to do with it and Apple doesn’t want it back, has their money and really doesn’t care what Chase does with it.

Seems as though Chase had 2 months to ask for it back, if the OP’s post is honest and didn’t. I am sure Apple doesn’t want it either. They have been paid and it isn’t their property anymore.


Sort of like if you finance a car right? Once the bank picks up the financing, the car is owned by the bank, not the dealer or the manufacturer.

In this case, again if the OP is being honest, the bank doesn’t want it back and made no request for its return.
 
Keep it.

It's their fault and neither Chase nor Apple will die of hunger in the streets due to this mistake.
 
It could be that Chase doesn’t want it back either, because what do they do with it? I guess a bank manager could give it to an employee, but that gets into a sticky situation as well as far as the FTC ruling goes and requesting something back that shouldn’t have ever been shipped?

If she did indeed get in touch with them and nobody has requested it’s return, they may just have decided it wasn’t worth the hassle.

I could be wrong, but my understanding of the Costco/Apple divorce was due to the fact that when a customer returns an item to Costco, Costco simply sends it back to the manufacturer and it’s the manufacturer who is on the hook for it, not Costco. But in the case of Apple, Apple wouldn’t accept the items back and Costco would be on the hook for it.

I wonder if it boils down to something along the lines of Chase doesn’t want it and doesn’t know what to do with it and Apple doesn’t want it back, has their money and really doesn’t care what Chase does with it.

Seems as though Chase had 2 months to ask for it back, if the OP’s post is honest and didn’t. I am sure Apple doesn’t want it either. They have been paid and it isn’t their property anymore.


Sort of like if you finance a car right? Once the bank picks up the financing, the car is owned by the bank, not the dealer or the manufacturer.

In this case, again if the OP is being honest, the bank doesn’t want it back and made no request for its return.

It’s strange that Chase never advised the OP’s cousin to return the phone in the 2 week return window. That makes the most sense because then Apple issues the credit and all parties are whole. That’s why I have my suspicion that the OP’s cousin never told Chase that the phone was actually delivered to her. Now that we are out of the return period, Chase is out of luck. They have no grounds to recover the money from Apple, and have to eat the cost. You are correct, I don’t see Chase asking the OP to send them the phone either. At this point they write it off and move on. However, the OP needs to have explicitly told Chase that she has the phone in her possession. If she doesn’t or hasn’t done this, then she is committing fraud, plain and simple.
 
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It’s strange that Chase never advised the OP’s cousin to return the phone in the 2 week return window. That makes the most sense because then Apple issues the credit and all parties are whole. That’s why I have my suspicion that the OP’s cousin never told Chase that the phone was actually delivered to her.

Yep, could be. That’s the problem with these kinds of threads. 3rd party account based solely on the claims of a cousin who didn’t even post here. Maybe it’s on the level, maybe it’s not. Any opinions any of us have is only speculation based on whether or not we believe the truthfulness of the reported interaction between the parties mentioned in the OP.
 
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What should have been done is for her to have contacted the original party in the first place...Apple. They would have given her directions on how to proceed including refunding her card and how to send the phone back. Even if I did it her way, I'd still contact Apple. It is the right thing to do.
 
I'd call them. All you need is a surprise charge on your card. You'll sh*t yourself if that happens.
 
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The ethical thing to do is mail it to me. Priority Mail. Thx. Will send you DM with my mailing address in a mo. You’ll sleep well tonight.

... or mail it to me first, and I will personally hand-deliver it to riverfreak, who will make sure to do the right thing.
[doublepost=1513648437][/doublepost]OP - Now you have a testing machine for iOS development - learn how to program for iOS :)
 
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More than likely they’re going to charge you for it. The computer keeps track of everything. Keep an eye on your credit card bill. Chase can’t stop them from un-reversing the charges either.
 
... or mail it to me first, and I will personally hand-deliver it to riverfreak, who will make sure to do the right thing.
[doublepost=1513648437][/doublepost]OP - Now you have a testing machine for iOS development - learn how to program for iOS :)

That’s a terrible idea. I don’t want you out walking around, not in this weather! You are liable to slip on the ice and fall and we all know how fragile the iPhone is.
 
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Keep it if you feel its OK to rob Apple.

Otherwise do the right and proper thing contact Apple and send it back. You should be disappointed in yourself for even needing to ask the question.
 
Always do the right thing even when no-one is looking. With that said, why does everyone need to get online to air their business and to get advise on the smallest matters? What happens when you go buy a car or a house?
 
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That’s a terrible idea. I don’t want you out walking around, not in this weather! You are liable to slip on the ice and fall and we all know how fragile the iPhone is.

Yeah, but that's only a problem if I decide to actually deliver it to you ... see ? ;)
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why does everyone need to get online to air their business and to get advise on the smallest matters? What happens when you go buy a car

http://www.2addicts.com/forums/

or a house?

http://ths.gardenweb.com/forums/realestate
 
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