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I hope an honest person received my package from CGC because I sure didn't
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Started by slowdowntubby,

74 posts in this topic

FrankTheTank92

FrankTheTank92

Posted
Posted
On 10/12/2021 at 2:43 PM, slowdowntubby said:

I got a box back from CGC today with someone else's submission. The invoice was inside and I've already contacted the person who should have received it. 

Problem is tracking shows the delivered package as supposed to be containing books that are actually mine. To wit:

Hulk 180 6.5 CoW

Avengers 57 7.5 Ow/W 

Tomb of Dracula 10 7.5 Ow/W

Werewolf by Night 32 5.5 Ow/W

All blue labels

These are all customer submissions so pretty much a nightmare scenario. I am counting on the community to help me out since I have little faith in CGC's ability to fix this. If you received my books please contact me!

Unacceptable...I hope this gets situated by CGC and you get your books!

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kav

kav

Posted
Posted
On 10/14/2021 at 3:31 PM, BabyAteMyDingo said:

I hope the OP shares what the outcome will be with us. So many times someone will post something terrible and then there is no follow up. I also hope someone sends his books back to him. It's another collector so hopefully he/she honors the Collectors Code.

Comics Code Authority - Wikipedia

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gadzukes

gadzukes

Posted
Posted (edited)

CCS (back when it was Classics Incorporated) shipped me a TOS 39 that wasn't mine.  I contacted them of course and I believe they just had me ship it to the owner.  Everything worked out.  Still..... bad mistake.

I have to admit, at least once on ebay I have shipped comics to the wrong person.  Very embarrassing.  But... my mistake was a $20 mistake, not a thousands of $$$ mistake.

 

Edited by gadzukes
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Ares

Ares

Posted
Posted
On 10/15/2021 at 8:43 AM, gadzukes said:

CCS (back when it was Classics Incorporated) shipped me a TOS 39 that wasn't mine.  I contacted them of course and I believe they just had me ship it to the owner.  Everything worked out.  Still..... bad mistake.

I have to admit, at least once on ebay I have shipped comics to the wrong person.  Very embarrassing.  But... my mistake was a $20 mistake, not a thousands of $$$ mistake.

 

Did you pay shipping costs for their mistake?

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slowdowntubby

slowdowntubby

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I shipped the Twilight Zone with 15 signatures back to CGC on Friday. I am told the guy who has my books is doing the same. Apparently he is quite attached to his book, which is very fortunate for me. So we are moving forward on a positive resolution. Absolutely no word from CGC regarding any kind of credits or refund, and of course this isn't over until I actually have my books in hand. I am in wait and see mode. 

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thehumantorch

thehumantorch

Posted
Posted
On 10/18/2021 at 2:52 PM, slowdowntubby said:

I shipped the Twilight Zone with 15 signatures back to CGC on Friday. I am told the guy who has my books is doing the same. Apparently he is quite attached to his book, which is very fortunate for me. So we are moving forward on a positive resolution. Absolutely no word from CGC regarding any kind of credits or refund, and of course this isn't over until I actually have my books in hand. I am in wait and see mode. 

Wonderful.  I figured a book with 15 sigs would have a great deal of value to the owner and would represent a lot of effort on his part to get those sigs.  I hope this all works out okay.

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MetalPSI

MetalPSI

Posted
Posted
On 10/18/2021 at 5:08 PM, Ares said:

Legally could they force the guy with the wrong book to return it?

 

Pretty sure the OP could claim it stolen and CGC would cooperate with law enforcement to get it back

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Qalyar

Qalyar

Posted
Posted
On 10/18/2021 at 7:08 PM, Ares said:

Legally could they force the guy with the wrong book to return it?

 

The actual answer is probably complicated, and likely depends on state law to determine whether these would be considered misdeliveries or unsolicited goods. My napkin-math guess is that most states would view these switched deliveries as unsolicited goods (which recipients have no obligation to return) because the packages were addressed correctly with regard to the address and addressee who received them (rather than misdelivered goods, where recipients do have an obligation to attempt to notify the shipper for recollection under most state laws). However, the proper owners of the books involved would have causes of action against CGC that almost certainly wouldn't be exempted by the rights waiver in the submission process.

It sounds like it won't come to that, which is good. The best resolution of this debacle is for everyone to get their own stuff back, and for some guy in CGC shipping to be tied to the mast and flogged.

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Terry JSA

Terry JSA

Posted
Posted
On 10/18/2021 at 4:52 PM, slowdowntubby said:

I shipped the Twilight Zone with 15 signatures back to CGC on Friday. I am told the guy who has my books is doing the same. Apparently he is quite attached to his book, which is very fortunate for me. So we are moving forward on a positive resolution. Absolutely no word from CGC regarding any kind of credits or refund, and of course this isn't over until I actually have my books in hand. I am in wait and see mode. 

This is great news! I hope CGC does something on their end that makes up for this mishap. The QC hasn’t been the best recently. 

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Poekaymon

Poekaymon

Posted
Posted (edited)
On 10/18/2021 at 9:14 PM, Qalyar said:

The actual answer is probably complicated, and likely depends on state law to determine whether these would be considered misdeliveries or unsolicited goods. My napkin-math guess is that most states would view these switched deliveries as unsolicited goods (which recipients have no obligation to return) because the packages were addressed correctly with regard to the address and addressee who received them (rather than misdelivered goods, where recipients do have an obligation to attempt to notify the shipper for recollection under most state laws). However, the proper owners of the books involved would have causes of action against CGC that almost certainly wouldn't be exempted by the rights waiver in the submission process.

It sounds like it won't come to that, which is good. The best resolution of this debacle is for everyone to get their own stuff back, and for some guy in CGC shipping to be tied to the mast and flogged.

Good summary but just to add a bit: as you said, there are some other considerations, though the misdelivery versus unsolicited goods question is first.  And there is federal law on this, so you should be good at this stage regardless of state.  So first, it'd have to be addressed to you exactly, as mentioned above, so that it could be considered unsolicited goods.  (Otherwise, it's misdelivered and you're gonna have to make some effort to return them, as Qalyar said.)  Now under federal law (and probably most or all states), you do not have to return unsolicited goods because the law doesn't want to encourage predatory practices that might take advantage of a contrary policy, where people just intentionally fire off unsolicited stuff, and thereby foist some responsibility upon you, as part of their various scams.  But this isn't the end of the inquiry in this particular case because a one-off delivery of valuable comic books, which was clearly an error, is obviously not the sort of thing the law is intended to prevent.  And the courts generally go for equity over slavish adherence to the letter of the law.  So the context does matter.  For instance, let's say this had happened previously, with (rather than someone else's graded books), comic supplies, and you ultimately paid for them.  Or some other scenario in which the sender reasonably could have expected you to want the goods, even though in this particular instance the shipment was wholly unsolicited.  They may have a state law contract claim against you even though they were technically unsolicited.  Even without that, all states have varying strengths of a catch-all called "unjust enrichment."  This is in the alternative to theories under contract law or anything else.  Basically, Plaintiff just admits that there is no law to stand on, but the result is: 1) they were hurt, 2) you were enriched, and 3) it's simply not cool.  This is obviously a highly subjective standard, but the claim would be that the one person was out his books and you got them, even through no fault of your own, and it is simply unfair to let you keep them without reimbursing the previous owner.  Though, in that case, I suppose you could simply lie and say that you disposed of the books immediately upon opening them, and I don't think they'd be able to take it any further since you hadn't been enriched and because it was addressed to you you had no initial obligation to return them.  A non-collector could probably get away with this, especially if they could say they didn't even know what the slabs were ("I thought it was just some kind of strange advertising material, judge."), but a collector or dealer would have a harder time convincing anyone that they did anything other than keep them or sell them.

Edited by Poekaymon
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rexinnih

rexinnih

Posted
Posted

Great to hear that the books have been tracked and hopefully back in your hands shortly. This has always been in the back of my mind if it ever happens to me but (knock on wood) have had a book misdelivered to a neighbor but was able to get that quickly. 

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MetalPSI

MetalPSI

Posted
Posted
On 10/21/2021 at 4:53 AM, joeypost said:

I can’t get them to find missing books that are IN THEIR FACILITY. Good luck with that. 

I don't know much about American law.

First I've heard of this happening, extrapolate 

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