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In these cases, the intended victim is sent an item which was never ordered, along with an invoice. The scam artist who mailed the item hopes the victim is they type who would feel guilty about keeping the item without paying for it and feels obligated to remit the payment.
U.S. residents should not feel guilty about keeping such items. They are legally the property of the recipient and there is no obligation to pay for them.
Consumers in the U.S. who have not previously consented or agreed to accept merchandise may only be sent two types of merchandise through the mail:
Free samples, which are clearly and conspicuously marked
Merchandise mailed by legitimate charitable organizations soliciting contributions
In these two situations, the recipient is still under no obligation to pay anything and may legally consider such merchandise as a gift.
In all other situations, it is illegal to send merchandise to someone, unless that person has previously ordered or requested it. These rules are codified in Title 39, United States Code, Section 3009. That section of the Postal Reorganization Act of 1970 incorporates these protections for American consumers and makes the mailing of unordered merchandise unfair methods of competition and unfair trade practices under the law.
The USPIS advises if you do not wish to pay for unsolicited merchandise or make a donation to a charity sending such an item, you may do one of three things (in each case, by law, you have no obligation to the sender):
If you have not opened the package, you may mark it "Return to Sender," and the Postal Service will return it with no additional postage charged to you.
If you open the package and don't like what you find, you may throw it away.
If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally.
It should also be noted that in the U.S. it is illegal for a company that sends you unordered merchandise to follow the mailing with a bill or dunning or any type of collection communication.
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