Do you have to return items sent by mistake?

Asked by: Skylar Keebler PhD  |  Last update: June 9, 2026
Score: 4.4/5 (60 votes)

If a company sends you the wrong item (or extra items) by mistake in the U.S., you legally can keep it as a free gift, as federal law protects you from being charged for unordered goods, but it's often best practice (and sometimes expected) to contact the seller to arrange a return if they pay for shipping, especially if you want the item you originally ordered. You aren't required to pay for return shipping or inconvenience yourself, and the company can't demand payment or threaten you.

Can I keep an item sent to me by mistake in Canada?

You are under no obligation to accept or pay for any merchandise you receive in the mail that you did not order. In most provinces and territories, when the sender asks for the merchandise back, you must return it at the sender's expense.

Can I keep a wrong item sent to me?

Legally, the retailer still owns the extra item since it was sent in error. By informing them, you're covering yourself legally (and ethically). The retailer could ask you to return the extra item at no cost to you, or they might let you keep the item as a goodwill gesture as processing returns is costly to them.

Do I legally have to accept returns?

You must offer a full refund if an item is faulty, not as described or does not do what it's supposed to. In some cases you must offer a refund if the customer changes their mind.

Am I obligated to return misdelivered mail?

Yes, you are legally obligated to return misdelivered mail, especially items from the U.S. Postal Service (USPS), as keeping it can be considered mail theft, a federal offense. To return it, mark the item "Return to Sender" or "Not at this address," and place it back in your mailbox or a collection box. For packages, you can also contact the delivery service directly to report the error. 

How I Handle Returns As An Ebay Seller (DON'T REFUND THESE BUYERS)

31 related questions found

Is it illegal to throw away misdelivered mail?

Destroying mail that was not intended for you may be prohibited by US laws. Willfully destroying mail is an act that may be punishable by the Federal Government.

What does the law say about returning goods?

If you buy goods that are not as promised in the terms of the Contract, return the goods and get your money back. If the goods are as promised but you wish to return the goods for another reason, the store is not legally obligated to accept the return. Each store has its own return policy.

Do you have to return wrong items sent to you?

If you are in the US, legally you do not have to send it back and the seller still needs to send correct item or refund. However, if you want to send it back, it is the sellers responsibility to pay for return shipping.

What to do if someone accidentally sends a package to your house?

Jennifer Douglas call FedEx or UPS and let them know you were delivered someone else package. They will pick up and deliver to right address. They also need to know when their drivers make mistakes on delivery.

What happens if a company accidentally sends you an extra item?

By law, companies can't send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn't order. You also don't need to return unordered merchandise. You're legally entitled to keep it as a free gift.

Can I keep something that a company sends me by mistake?

What are unsolicited goods? Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them.

Does a store have to honor a mismarked price in Canada?

In the event of a pricing error or double labelling, they are required to sell you the item at the lowest advertised price (in the store, in a flyer, in an advertisement, etc.). Merchants are not required to compensate you, however, as the Policy does not apply.

Can I be charged for something I didn't order?

By law, you may keep unsolicited merchandise and are under no obligation to pay for it.

Is it legal to have no returns?

Most retail stores allow you to return things you buy within a reasonable time for a full refund, credit, or an exchange. When a store clearly displays a limited or no-refund policy, however, refunds and exchanges are not required by law.

What is the best excuse to return an item?

Acceptable reasons for returns generally fall into issues with the product (damaged, wrong item, doesn't fit, not as described, defective) or fulfillment (late delivery, wrong variation), alongside common customer-driven reasons like changing one's mind, buyer's remorse, or finding a better price, with strong cases often supported by evidence, especially for product faults. Retailers often classify these, with strong cases often supported by evidence, especially for product faults.
 

Do you legally have to allow returns?

Unless goods bought in-store break the SAD FART rules, you've no legal right of return on the high street (thought the rules are different when buying online). So don't buy someone clothes assuming they can change the size if they don't fit. Many shops will allow it, but they don't have to.

What is the law of no returns?

Businesses can't take away a consumer's right to a refund or replacement for faulty products or services. It's illegal for businesses to rely on store policies or terms and conditions which deny these rights. For example, policies which say 'no refunds' or 'no refunds or exchanges on sale items'.

Do I legally have to give a refund?

Many retailers offer exchanges or refunds once you have a receipt and they are returned within a certain amount of time and in a saleable condition with all the original labels, tags and packaging. However, this is shop policy and represents a gesture of goodwill – it is not a legal requirement.

Can you return something just because you don't want it?

You don't have an automatic right to get your money back if you just change your mind about something you've bought and there's nothing wrong with it. It's the same no matter how expensive the item was - it's really down to the seller whether they offer you anything.

Can I open a package sent to my address but not my name?

If a package is delivered to your home but addressed to someone else, you must follow different steps than for letters: Do not open the box even if it's unmarked or appears harmless. Contact the delivery service (e.g., USPS, FedEx, UPS, Amazon). Let them know it was delivered incorrectly.

Is it illegal to keep wrongly delivered mail?

Keeping a package addressed to someone else is considered mail theft, according to the USPS, and is punishable by up to $250,000 in fines or up to five years in prison, according to legalclarity.org.

What is the punishment for opening someone else's mail?

The short answer is "yes." Opening or destroying mail that is addressed to someone else is a crime called "Obstruction of Correspondence." It is a serious felony that could lead to prison time. It is remarkably easy to find yourself charged with this crime, even if you didn't mean to do anything wrong.