Consumers may encounter situations where they receive goods at home or are subscribed to services without their request or explicit consent. For example, consumers might receive a product by mail that they never ordered or be automatically subscribed to digital services without their agreement.
While receiving free products and services may seem like a pleasant surprise, it is essential for consumers to understand their rights and responsibilities in such situations to avoid potential legal and financial issues.
Even though the provision of unsolicited goods or services is not illegal, demanding payment for them violates consumer legislation.
This practice, known as ‘inertia selling’, is prohibited. Inertia selling capitalises on confusion or the consumer’s sense of obligation to pay for the products or services received.
If a seller wants the goods back, any related transport costs must be paid by the seller
Traders are also not allowed to demand extra payments beyond the originally agreed amount without the consumer’s express consent.
Traders sometimes use pre-ticked boxes or default settings in online transactions to impose additional charges. This can include anything from extended warranties to subscriptions for unrelated services.
Such practices are deceptive because they rely on consumers missing the need to opt out. Legally, any additional charges must be presented as opt-in options, where the consumer actively chooses to accept the extra cost.
When consumers receive goods or services they did not request, these items may be considered gifts, meaning consumers are not obliged to pay for them or return them to the sender. This rule is designed to protect consumers from predatory practices and ensure they are not held liable for unsolicited deliveries. Sellers thus cannot hold consumers responsible for any payment because no sales agreement exists between the parties.
If a seller claims there is a sales contract, they must provide evidence of this agreement. Consumers are, in fact, advised not to pay any money unless they are presented with such proof and they confirm that they signed the sales contract.
Consumer legislation also protects consumers from the obligation to return the unsolicited goods. If a seller wants the goods back, any related transport costs must be paid by the seller.
Where consumers are certain that goods were sent to them by mistake, for example, due to an incorrect address or mistaken identity, it is advisable for them to reach out to the seller and provide an opportunity to retrieve the goods. If it is not feasible for the seller to collect the goods in person, consumers may be requested to return them. Importantly, consumers should not incur any costs or inconvenience in this process. Therefore, sellers should take responsibility for all postal arrangements or agree to reimburse any postal costs that consumers may incur.
Clear communication with the seller is crucial in such situations. It is also important for consumers to keep records of all communications and transactions related to the unsolicited goods, including copies of e-mails or letters to the seller and receipts of any postage costs incurred. These records can serve as evidence in case of disputes over reimbursement.
Consumers may also receive unsolicited goods or services after subscribing to a ‘free trial’. It is the consumers’ responsibility to ensure they do not unknowingly agree to continue receiving the goods or services for payment once the free trial ends. If consumers are asked to provide credit card details upon subscribing to the free trial, this typically means they will be charged once the trial concludes.
However, active consent from the consumer to continue receiving goods or services for payment is required and cannot be inferred through default options. If consumers are charged without their explicit consent, they can claim a refund for the unauthorised withdrawals.
Unresolved disputes with sellers over unsolicited goods or services can be referred to the Malta Competition and Consumer Affairs Authority (MCCAA) if the sellers are locally based, and to the European Consumer Centre Malta if the sellers operate from another EU member state.
Despite existing legal protections, unsolicited goods or services can present challenges for consumers, often leading to pressure to make payments.
Staying informed helps consumers protect themselves from unnecessary expenses and inconvenience. If consumers are unsure about their legal rights and obligations, they are encouraged to seek guidance from the Office for Consumer Affairs within the MCCAA.
Odette Vella is director, Information and Research Directorate, MCCAA.