![]() ![]() Services, the burden of proof that the goods or services were notĭelivery is a service. (4) If it is alleged that the supplier supplied unsolicited goods or (3) Subsections (1) and (2) do not apply to goods supplied to aĬonsumer on a continuing basis under a contract between the consumer Of the goods or services or the value obtained by the use of the goods Loss, use, misuse, possession, damage or misappropriation in respect Subsection (1), the supplier does not have a cause of action for any (2) Unless the consumer has given the acknowledgement referred to in The supplier in writing his or her intention to accept the goods or Or services unless and until the consumer expressly acknowledges to (1) A consumer has no legal obligation in respect of unsolicited goods The BC Business Practices and Consumer Protection Act §12 similarly says Unsolicited goods or services despite their use, receipt, misuse, Suggests that a consumer is required to make payment in respect of any (2) No supplier shall demand payment or make any representation that Goods or services has no legal obligation in respect of their use or (1) Except as provided in this section, a recipient of unsolicited For example, the Ontario Consumer Protection Act, 2002 §13 says The specifics probably depends on your province, but there are laws in Canada similar to those in the US whereby a person receiving unsolicited goods and services to pay or return the goods. For example, could I pick up a piece of garbage from my neighbour's lawn and send them an invoice for a "garbage-clearing fee" - and threaten them with a collections agency if they don't pay? Can I choose to set that fee at any amount I like?Īnd, assuming that I don't have a legal obligation to pay FedEx, how can I get them to stop harassing me? If FedEx can bill me for that kind of hidden "service", then it seems like anybody could extort money from anyone else. As far as I am concerned, I never consented to anything! Am I legally obligated to pay that fee? By what reasoning? However, I didn't order the package myself, nor was I informed that accepting the package would incur an associated fee. I acknowledge that FedEx did some work that benefitted me (though I would value that paperwork-handling at less than the 15 CAD that they are billing me). Apparently, it's their policy to charge these kinds of fees to the recipient. Then, several days later, FedEx mailed me an invoice for a "Clearance Entry Fee" for having processed the customs paperwork for that package. Some time ago, I received an unsolicited birthday gift from a relative as an international package via FedEx (USA to Canada).
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