another of Klambake’s “Greatest Model Railroad” DVD’s. Remember those from a few years back?
Just checking with the legal beagles that I am under no obligation to send them any money, nor am I obligated to trouble myself to return it.
As far as I am concerned, they sent me a gift.
Only if you agreed to accept and pay for the item are you liable for payment. Sending products and billing for them was a marketing ploy from years ago that was a settled matter by law. There is no contract when only one party agrees.
About a year or two ago I got an unsolicited DVD about Nascar.
It wasn’t from Nascar, but some licensed associate company.
I didn’t order it and pitched it, without even watching it.
For about 6 months I received threatening letters from said company.
They really got quite nasty, even threatening to report me to the credit bureau.
Ralph
The AMA sent me a DVD a few years ago, if I wanted more I need do nothing but let them come and pay the bill. If I did not want to receive more I could just send it back in the pre-posted box. I was so PO’d I sent them an email, explained the law, and told them to pound sand. They responded with…“Only a few complained out of the thousands we sent”.
The next magazine issue profusely apologized and asked members to stop the torrent of letters/emails they were getting!
If you didn’t request it, you have no obligation to pay. There is a scam going around where the letter says that if you dont want it you have to send it back other wise they claim that non return constitutes acceptance and agreement to pay This was subsequently proved in court to be blatantly false and illegal. This kind of marketing is a real pita but it still goes on.
Sheesh … why don’t they send me some? 
Locally, a well known American publisher, ‘(in)famous’ for their monthly digest and condensed book range, are notorious for sending unsolicited goods, particularly travel DVD sets, then invoicing for the items. The company continued to send the DVD sets for several months, even though each month I paid return registered mail to send the items back. Each time I phoned the company and was told it would be sorted out. Alas, it seems that packaged sets are predated on postage and so any attempt to stop the items being sent takes several frustrating months.
By law, any unsolicited goods do not have to be paid for, but try telling that to a multi-national big publishing house.
When the collector sends you a letter, send them the goods as payment.
Turnabout is fair play. 
Bob C.
Steve Featherkile said:
another of Klambake's "Greatest Model Railroad" DVD's. Remember those from a few years back?Just checking with the legal beagles that I am under no obligation to send them any money, nor am I obligated to trouble myself to return it.
As far as I am concerned, they sent me a gift.
Anything you get unsolicited in the mail is your property. There is no grey area here, and no reason for you to send it back on your dime. This has been proven time and again in court.
Bob McCown said:Guess I was just being nice when I sent it back then ;)
Anything you get unsolicited in the mail is your property. There is no grey area here, and no reason for you to send it back on your dime. This has been proven time and again in court.
I received one also, this one is Modelers Showcase Volume 1 all about HO stuff, with instructions to either pay up or throw the case away and return the DVD in the prepaid envelope. So I’ll send it back prepaid as there is a place on the envelope to check so they will send no more.
I’d just return the prepaid envelope. Maybe with something heavy inside…
Yep, find some lead!
If they’d sent something about garden railroading, I might have sent them some money. You’d think they would pay attention to their subscriber base. the only rag of theirs that I have is GR.
Well, it’s free! 
You can’t complain about the price. I wish they’d send me one. 
Steve and all:
The big message I get is the publisher of Model Railroader and Garden Railways is not above manipulating its readers --at least those on its mailing list. Where’s the ethics? Any payment for any item not ordered is payment relying on the ethics of the receiver NOT the sender. I find Kalmbach’s continued practice disgusting.
Wendell
Wendell Hanks said:
Steve and all: The big message I get is the publisher of Model Railroader and Garden Railways is not above manipulating its readers --at least those on its mailing list. Where's the ethics? Any payment for any item not ordered is payment relying on the ethics of the receiver NOT the sender. I find Kalmbach's continued practice disgusting.Wendell
There’s an easy solution to this … boycott their products. As far as ethics go, since you didn’t order it, isn’t it a gift? They inquire about the outstanding payment … it never got to the addressee, probably something wrong with the address. The communications will probably stop quite soon, unless you’re a subscriber. 
PS the other method to get the message across is … send enough emails directly to the publisher of the mags in question. Tell him you don’t read his mags, you don’t intend to read his mags and you’re not interested in any of his other wares.
yep, I got the postcard for the free issue of Garden Railways magazine. I have subscribed two different times in my time as a g-scale train hobbyist. So I took advantage of the Free NO obligation for 1 free issue, and for months after that I received letters saying I hadn’t paid my subscription, I finally wrote a note on the back just saying I wasn’t interested in a subscription, and don’t send me anymore 1 issue free trial cards anymore. Haven’t heard anything since. Regal