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      09-23-2010, 02:43 PM   #1
blacksvt
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advice (legal)

A close friend of mine works via the internet for a company reviewing products in their spare time. Basically the deal is they write reviews based on products that they have used that the company sells. Instead of being paid actual $$, they are compensated with gift certificates to this company, where they can purchase more products.

(im being vague I know)

The company usually sends out $150.00/ gift cards each month..

Now, this person has become the number one ranking reviewer in the world. They have a worldwide leaderboard. Recently, this company sent them $15,000.00 in gift certs. These come via email and say the following

Dear, PERSON (full name, middle initial)

You have been gifted $xxxxx.00. Thank You.

Knowing that this was surely a mistake, this person contacted the company, and sent them back. Then, the next day they were sent 1500.00 as a reward I suppose.

A month goes by and they get another $1000.00

Now they received another for $12,000.00!

You can walk right into this store and use these no questions asked.

My question is this. If this company is sending these by mistake (which they surely are) Can they take legal action against you for using these gift cards, or force you to repay? If they are sent to you with YOUR FULL NAME and say you are being gifted? My buddy has already sent them back once and let them know about what happened, yet they keep coming. Im not really interested in the moral aspect, more the legal.

What would you do?
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      09-23-2010, 03:03 PM   #2
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I would use it. Fuck it. If they realize it then just return it
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      09-23-2010, 03:18 PM   #3
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^+100 He tried to correct the issue they continued. Use em. They cant force you to return anything as they email states that they have been GIFTED to you. Not in exchange for services not received.
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      09-23-2010, 03:53 PM   #4
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Is your friend Nigerian?
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      09-23-2010, 04:08 PM   #5
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If it says IN PRINT $12000, there's nothing they can do about it, it's his 'cash'. (use quickly as they can terminate the cards at any minute)

If it says in print $120, then in THEORY they could POSSIBLY come after you. It'd be a stretch, but the right judge on the right day with the right attorney....

that's pretty much the most relevant pieces of info you need to know
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      09-23-2010, 05:22 PM   #6
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Quote:
Originally Posted by Freakazoid View Post
If it says IN PRINT $12000, there's nothing they can do about it, it's his 'cash'. (use quickly as they can terminate the cards at any minute)

If it says in print $120, then in THEORY they could POSSIBLY come after you. It'd be a stretch, but the right judge on the right day with the right attorney....

that's pretty much the most relevant pieces of info you need to know

Im not following.

It is actually (80) $150 Gift Certs.
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      09-23-2010, 05:24 PM   #7
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Quote:
Originally Posted by Feyd View Post
Is your friend Nigerian?
LOL no its not one of those deals.
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      09-23-2010, 05:31 PM   #8
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      09-23-2010, 05:40 PM   #9
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if you dont want them ill take them
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      09-23-2010, 06:14 PM   #10
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Quote:
Originally Posted by blacksvt View Post
A close friend of mine works via the internet for a company reviewing products in their spare time. Basically the deal is they write reviews based on products that they have used that the company sells. Instead of being paid actual $$, they are compensated with gift certificates to this company, where they can purchase more products.

(im being vague I know)

The company usually sends out $150.00/ gift cards each month..

Now, this person has become the number one ranking reviewer in the world. They have a worldwide leaderboard. Recently, this company sent them $15,000.00 in gift certs. These come via email and say the following

Dear, PERSON (full name, middle initial)

You have been gifted $xxxxx.00. Thank You.

Knowing that this was surely a mistake, this person contacted the company, and sent them back. Then, the next day they were sent 1500.00 as a reward I suppose.

A month goes by and they get another $1000.00

Now they received another for $12,000.00!

You can walk right into this store and use these no questions asked.

My question is this. If this company is sending these by mistake (which they surely are) Can they take legal action against you for using these gift cards, or force you to repay? If they are sent to you with YOUR FULL NAME and say you are being gifted? My buddy has already sent them back once and let them know about what happened, yet they keep coming. Im not really interested in the moral aspect, more the legal.

What would you do?
Lemme guess...we can buy these "gift cards" at a highly reduced rate if we "act now"...
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      09-23-2010, 07:36 PM   #11
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Sounds shady...

I had a consulting gig where I was supposed to receive $10k after the work was completed, which I did. A month later I received another check for $10k in the mail. They told me it was meant for me, because I wouldn't have gotten it unless I was supposed to get it. I was like "umm.... ok". I kept that check in drawer and never cashed it, because I knew it wasn't meant for me.

Fast-forward 9 months later, and the CFO of that company calls me and is like "it shows here that you received two checks for $10k and you were only supposed to get one. We're gonna need that money back for our annual financial audit." I explained to him what happened, mailed him back the check, and everything was resolved.

I'm not a lawyer, so I'm not 100% sure, but it wouldn't surprise me if it was within their legal right to sue me for that amount if I refused to give it back to them.
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      09-23-2010, 08:40 PM   #12
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I'm waiting for the part where he tells us he's a prince in africa and he must get rid of these gift cards quickly....
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      09-23-2010, 11:45 PM   #13
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Doesn't sound like a "gift" in the legal sense since he's being "compensated" (OP's words) for services rendered. The compensation just so happens to be in gift certs, not cash (or stock, etc.). Thus, the irrevocability of gifts probably don't apply.

I doubt the OP's friend will be allowed to keep/use the excess gift certs, especially if the friend knew it was a mistake. A person can't usually take advantage of known unilateral mistakes in calculation.

No different than, say, if a cashier consistently keeps giving out excess change despite being told of his/her errors.
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      09-23-2010, 11:47 PM   #14
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I am simply interested in seeing what other people think.

Some of you are pretty quick to assume that I am some sort of scammer/con-artist/african prince...which i am not (obviously)

Not looking to sell anything, it's not even mine...geez

Thanks
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      09-24-2010, 12:32 AM   #15
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Quote:
Originally Posted by Feyd View Post
Is your friend Nigerian?
+1
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      09-24-2010, 08:41 AM   #16
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Quote:
Originally Posted by blacksvt View Post
Im not following.

It is actually (80) $150 Gift Certs.
my point is what does it say in print with the attached letter? You said the first letter actually SAID $15000 in print, what's it say this time? $12000?
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      09-24-2010, 11:31 AM   #17
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Quote:
Originally Posted by blacksvt View Post
I am simply interested in seeing what other people think.

Some of you are pretty quick to assume that I am some sort of scammer/con-artist/african prince...which i am not (obviously)

Not looking to sell anything, it's not even mine...geez

Thanks
I don't think anyone is saying that about you, just about this "scheme" thing.
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