Neca Mistakenly Ships Duplicate Items to Customers Now Demanding Items Be Returned
National Entertainment Collectibles Association Inc, aka Neca, have recently made a mistake with two of their recent releases. Specifically, the Teenage Mutant Ninja Turtles Sewer Lair playset and their Baby Beetlejuice among other items. It is unknown at this time why this happened, but some customers received extra toys from the collectible toy manufacturer. Some customers have returned the extra items, others are not so quick to work with Neca in correcting this error. This is where Neca are getting pushy over their mistake.
Mis-Shipped Items Could Result in Charges and Banning
Neca are not playing around with the threats to persons receiving items by accident. According to The Garage Gamer’s November 23rd episode Neca are threatening to charge customers that received items by mistake. They are offering customers a pre-paid shipping label to return the item at no cost or face charges to the payment option on file with the company.
The problem is, is this legal?
According to the United States government, “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.”
Technically, no, what Neca is doing, threatening customers, is not legal and could potentially lead to a class action lawsuit if enough people decide to pursue it.
This is probably why Neca is adding in threats to ban customers from future sales if they don’t return mis-shipped items. It is the only legal ground they can stand on.
If they charge customers for the mis-shipped items they could face backlash from credit cards as the customer can simply challenge the charge.
Video credit - The Garage GamerNeca Certainly Have a History
Looking over the Better Business Bureau complaints page for Neca shows a recent rash of complaints against the toy company.
Most of the recent complaints have been responded to by Neca stating refunds were made in those situations. Detailed information on the items ordered is not available, just complaints from customers that items were not shipped as late as months after payment was made.
This is definitely concerning.
Have you ordered from Neca? What was your experience like?