Legal disclaimer: This article provides general information for U.S. readers, not legal advice. State law and the facts of a shipment can change the answer. It does not create an attorney-client relationship.
A parcel arrives with your name on it. You never ordered the contents, but a bill follows a week later. Does the delivery make you a customer—and can you sue the sender?
For genuinely unordered merchandise, federal protections generally mean the sender cannot turn an unsolicited shipment into a payment obligation. A lawsuit is a separate question: the right to keep qualifying goods does not automatically establish a claim for money damages.
What counts as unordered merchandise?
39 U.S.C. § 3009 defines unordered merchandise as goods mailed without the recipient’s prior express request or consent. The statute allows recipients to treat covered merchandise as a gift and prohibits the mailer from sending bills or payment demands for it. Clearly marked free samples and charitable solicitations have exceptions to the mailing prohibition, but recipients may still treat those goods as gifts.
The important question is consent before shipment. An unfamiliar sender is a reason to investigate; it does not establish, by itself, whether anyone authorised the order.
Do you have to pay or return it?
The FTC’s consumer guidance says companies cannot send unordered products and then demand payment. Recipients do not have to pay for or return qualifying unordered goods. The FTC’s business guidance also addresses unordered shipments by any means, so its explanation is not limited to parcels carried through the U.S. mail.
For example, a seller mailing a promotional kitchen gadget without consent cannot create a purchase merely by enclosing an invoice. That differs from a product shipped under an agreement you actually accepted.
A delivery mistake is a different situation
A neighbour’s parcel left at your door, a duplicate shipment, or goods intended for another customer should not automatically be treated as a free gift. The Georgia Attorney General’s guidance expressly distinguishes unsolicited promotional goods from a company’s mistake. It explains that Georgia unjust-enrichment law requires returning an item paid for by another customer, with the company paying shipping or arranging collection.
That is a Georgia example, not a uniform rule for every state or shipping error. Where the label, order history or contents suggest a mistake, clarifying the delivery with the retailer or carrier through independently verified contact details can prevent a dispute about ownership. The gift rule is not a safe assumption while those facts remain unresolved.
What if a subscription or free trial is involved?
A delivery you no longer want is not necessarily one you never ordered. The FTC warns that free trials can lead to recurring shipments and bills. An agreement’s terms, the consent record and any cancellation history matter.
A disputed renewal therefore raises different questions from an unsolicited promotional parcel. CanISueNow’s U.S. auto-renewal explainer covers that separate issue. This article does not assume that an unwanted subscription shipment can simply be kept without payment.
Can you sue the sender?
Possibly under an applicable legal claim, but not simply because an unexpected box arrived. The FTC explains that individuals cannot sue under the FTC Act. An agency’s authority to pursue an unfair practice is different from a consumer’s right to bring a private lawsuit.
Whether a state-law claim is available requires a separate assessment of the governing statute, conduct, loss and remedy. This general explainer does not establish eligibility for damages or identify a filing deadline. A lawyer or legal-aid service in the relevant state can assess those questions, including any notice requirements, before court action is considered.
Records that help explain the dispute
- The packaging, shipping label and any enclosed invoice.
- Order confirmations, account history and any trial or subscription terms.
- Messages asking for payment and records of any charge.
- A dated account of what arrived and communications with the sender.
The Georgia Attorney General notes that consumers can report unordered-merchandise billing problems to consumer authorities and that the FTC generally does not resolve individual disputes. A complaint can alert an agency to a pattern; it does not guarantee a refund or replace responding to actual court papers.
Sources checked 23 October 2026. Illustrative stock photograph: Wojciech Kotlicki / Pexels. The image does not depict a disputed shipment.
