RCU Forums - View Single Post - Is DLUSA completely out of the business?
Old 02-20-2010 | 01:11 PM
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Patto
 
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From: Eugene, OR
Default RE: Is DLUSA completely out of the business?


ORIGINAL: Tired Old Man

I gave you the only solution that I know has a better than even chance of success. You don't have to hire one to find out what rights you may have in Texas, and how unsolicited deliveries may be treated. However, you will have to at least speak to one. Your saving grace would be if the DL USA site is still up and running. In that event there may be a legal business obligation to meet any advertised services. If e-mails and phone calls have already gone unasnwered, you have pretty much exhausted the normal and simple methods of recovery. Any futher steps will require some type of legal activity, from complaint filings with the Postmaster General to Certified letters. E-mails and phone converstaions are NEVER valid forms of communication in legal proceedinds. Seems they can be used agaisnt you, but never to defend you.

As for morals and ethics, take a look around you in both your personal and professional areas and answer that question. I fear that answer will not be one you wanted to recieve. The American society moved to an ''it's all about me'' mentality a long time ago. Most only care about themselves and what someone might do for them, and little about what they might give in return. That attitude is quite well demonstrated on this site, and very much in this forum.

I am not an attorney and cannot and do not offer any legal advice. However, I can relate what has worked and not worked for me in many years of life that at times required legal means to resolve various issues.
I'm not an attorney either, but in a related field where I do get exposed to a lot of legal training. Texas law may vary, but if someone accepts a package they were not expecting, it is not an unsolicited gift. Rather, by accepting it, they are also accepting the responsibility of returning it if they know they reasonably have no legal right to it. A reasonable business operator would know why the package was sent to them and would have to take reasonable steps with respect to the property they accepted.

That all being said, if you send something to a business owner who goes out of business and they don't get back to you, your only recourse is through a court, and it has to be the court where the business was located. If the business is still operational, you can file a complaint with the Better Business Bureau and they can often find a resolution.

Since the USPS lost it after all that, you should have no problem with an insurance claim. Maybe you will get enough to just buy a new one?

I went through a whole ordeal with Cactus Aviation where I had to decide if it was worth it to go after the $180 that Bobby stole from me in a ridiculous fee. Ultimately, I think he lost more business by word-of-mouth. 100+ members at our local club won't do business with him anymore. If the company you spoke of is still operational, threads like this are your best recourse in the end. Bad businesses hurt themselves the most when they act irresponsibly and don't communicate.