Ownership of items bought with credit card Hypothetical question, assume US jurisdiction. When someone buys an item with a credit card and then skips on the card bill payment, is there a legal provision for the card issuer to claim ownership over the bought item or service? Or is it then just a dispute over arrears?
A credit card debt is generally unsecured i.e. There is no property put up as collateral for the loan. In particular, goods purchased with the facility are not collateral. If you default on the debt then the creditor can sue you and obtain judgement. With that in hand they can seek to enforce that judgement. There are two methods that involve seizure of property: direct seizure of whatever the court officer can get and bankruptcy which places all property in the hands of the trustee. This may include stuff bought with the card but not necessarily.
No A debt is created by a contract (among other ways not relevant here). A contract for a restaurant does not contemplate the creation of a debt, payment is to be contemporaneous with the service. Presuming that the customer was made aware that cash payment was not acceptable and that they chose to enter the contract, by ordering, then they accepted that term. Not abiding by it is a breach of the contract. Now, if the customer did not pay and the restaurant sued for the amount (plus damages) and won, that would be a debt for which cash must be accepted.
In my opinion, your question is no different from "If I steal money from a bank to pay off my credit card in the same bank, can I be held liable for stealing". I think the obvious answer is yes for both your question and the modified one, for exactly the same reason.
Yes, it's illegal You are missing something terribly important: The package might not be your property [yet]. In any way, it is not in your possession, while it is in the hands of the postal service! The contents of the package started fully owned by the sender and were entrusted to the postal service to deliver it. This entrustment is (contractually) defined as the time it is handed to the postal service, but the postal service does not gain any ownership. They do however have insurance on the parcel (to some degree), as they are liable for the loss of it. In many cases, the transfer of ownership happens upon delivery (for example, in the UK), so that you can't even be sure you own the contents while the box is still on the truck. At least in the eye of many postal services I know, it is the basic presumption, that they hold the item as entrusted. So to be on the safe side, it's best to presume that the package only becomes your package the moment you sign for the receipt of the package or it is dropped into your mailbox or at your dedicated dropoff point (you can specify that with many postal carriers btw). Otherwise, your actions might interfere with the contract of the mail service [to bring it to your door] and might incur liability upon them as their insurance presumes the parcel was lost and it has to be replaced. By the way, it is customary that any message of the parcel is damaged go to the sender, not the receiver so that in the case of commercial mail they can send/fund a replacement, as the sender needs to ensure that a non-defect item is delivered under their own contract with the recipient. Criminal lawsuits But, you want to know which specific law you'd be sued under 18 USC §1708 (2) not only for taking the box, but also for taking the item from the box (emphasis mine)! Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein [...] Shall be fined under this title or imprisoned not more than five years, or both. The act of taking is relevant. It is irrelevant that you would receive the parcel later. You take it from the car on the delivery route. You also do trespass under whatever jurisdiction applies where the car is parked. For example, Criminal Trespass on Indian country is defined under 25.CFR § 11.411 (b). The rules in other jurisdictions are very similar: you are not allowed to enter the car, as it is clearly off-limits to the general public. The car is btw. supposed to be closed to prevent such, so you have to actually break property of the postal service (which is an extra charge to just the normal B&amp;E). (b) A person commits an offense if, knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by: (3) Fencing or other enclosure manifestly designed to exclude intruders. A car door, even if not locked and left ajar, is an enclosure manifestly designed to exclude intruders, and the inside of a car is &quot;any place&quot;. So, in the correct jurisdiction, this statute of criminal trespass does apply. And as pointed out above, taking the mail without the driver knowing is illegal. In some fashion, taking your own mail is also a strange case of obstructing the correspondence, which specifically calls out that the parcel has to be given by the mailman to the recipient (emphasis mine). Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined under this title or imprisoned not more than five years, or both. If it is discovered by the driver while still on route, they will have to call the base and investigate the missing parcel, which takes time from the delivery, so might constitute retarding the passage of mail. If you break the lock to the car, you'd be charged as Injury to mail bags: Whoever tears, cuts, or otherwise injures any mail bag, pouch, or other thing used or designed for use in the conveyance of the mail, or draws or breaks any staple or loosens any part of any lock, chain, or strap attached thereto, with intent to rob or steal any such mail, or to render the same insecure, shall be fined under this title or imprisoned not more than three years, or both. A Postal car, especially with a lock on the door, is such a device. And if you somehow had the key to the car, you'd break 18 USC § 1704 instead. Plus, your taking does possibly incur monetary damages to the postal carrier, so civil charges for that money and expenses in investigating would also accrue against the taking person. civil lawsuits? If you'd take the parcel, you make the postal driver accountable for the loss of the parcel and the worth of the package, as the internal system of the postal service does recognize that they did not deliver the parcel, did not scan it out at the home base, but they did scan it onto their route. So unless they can point the finger at you or a known thief, they might need to admit that they did not lock the car or committed some other misconduct that allowed someone to steal the parcel. This can lead to the financial loss of the delivery driver or them being fired. Should the mail carrier or the postal service discover it was you, the mail carrier can now sue you for the injury the lost parcel meant to them as you interfered with their work contract. The tort is Tortious interference. Then, the mail service can sue you for intentionally interfering with the delivery contract the service had with the one ordering the delivery done: they were required to bring the parcel to the target and got paid for that. Only your action of taking did prevent this. Would you not have taken the parcel, they would have delivered, so you interfered with their contract. Life Advice: Approach the driver, get out a photo-ID (Drivers license, passport, ID-card etc) and ask them something akin to this &quot;The website told me you might have a parcel for me. Can you look? I am this person, and this ID proves I live at the target address, as indicated on this ID.&quot; With those credentials in hand, the postal driver can check and give it to you but isn't technically obligated to. But as it often means they can save a few valuable minutes getting to your house, they might, especially if you know your mail carrier and are friendly. On the other hand, it's extremely unlikely for letter mail to be given this way, as searching for a parcel on a truck is much easier than looking for the letter mails in the bags.
In the United Kingdom there is a law that for any online purchase or other purchase away from the businesses own premises, including insurance policies, that you have a 14 day cooling off period to cancel without penalty. The applicable parts of the law are the Consumer Contracts Regulations and if there is any form of credit agreement involved the Consumer Credit Act. It is a point of the law that the purchaser must be clearly made aware of these provisions.
The general story is that one state does not have jurisdiction over an act carried out in another state. The Wiki on state gun laws claims that ownership in Illinois requires a permit, but the law is here, and in fact the law addresses possession and acquisition, but not ownership, for example 430 ILCS 65/2: No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act It is legally immaterial that the word "Owner" is in the name of the card. It is likewise claimed that Massachusetts requires a license to own a gun, but from what I can tell the requirements pertain to licenses to possess or purchase, and not just to own. So there seems to be no impediment to actual ownership in the US.
Consumer Protection In addition to whatever the provisions of the contract may be, consumer protection laws will apply to this transaction, and will override any contrary provisions in the contract. There are federal protections, mostly administered by the FTC. The State of California also has consumer protection statutes, the Unfair Competition Law (UCL), Consumer Legal Remedies Act (CLRA), and False Advertising Law (FAL). Contracts may not override these laws except where a specific provision permits such contract terms. Federal Rules The official FTC page &quot;What To Do If You’re Billed for Things You Never Got, or You Get Unordered Products&quot; states: The federal Mail, Internet, or Telephone Order Merchandise Rule applies to most things you order by mail, online, or by phone. It says: Sellers have to ship your order within the time they (or their ads) say — that goes whether they say “2-Day Shipping” or “In Stock &amp; Ships Today.” If they don’t give a time, they must ship within 30 days of when you placed your order. If there’s a delay shipping your order, the seller has to tell you and give you the choice of either agreeing to the delay or canceling your order for a full refund. If the seller doesn’t ship your order, it has to give you a full refund — not just a gift card or store credit. ... Disputing credit card billing errors within the 60-day dispute period By law, you have to dispute a credit card billing error in writing within 60 days of the date that the first statement that has the billing error was sent to you. Otherwise, you may get stuck with the bill. ... Disputing credit card billing errors after the 60-day dispute period ends What if you agreed to delivery on a date in the future that turns out to be more than 60 days after your statement showing the charge was sent to you — but the delivery didn’t arrive or you rejected it because it was not what you agreed to purchase? Can you still dispute the charge? You’re likely outside the protection of the Fair Credit Billing Act. Still, some credit card issuers may extend the 60-day dispute period when a shipment is delayed. Send a dispute letter to your credit card company. Include copies of any documents showing the expected and actual delivery dates, including any notice the seller sent you about the shipment delay. See also the official &quot;Business Guide to the FTC's Mail, Internet, or Telephone Order Merchandise Rule&quot; The actual Federal Mail, Internet, or Telephone Order Merchandise Rule is at 16 CFR Part 435; relevant parts of this rule provide: (435.1 (b)) &quot;Prompt refund&quot; shall mean: (1) Where a refund is made pursuant to paragraph (d)(1), (d)(2)(ii), (d)(2)(iii), or (d)(3) of this section, a refund sent by any means at least as fast and reliable as first class mail within seven (7) working days of the date on which the buyer's right to refund vests under the provisions of this part. Provided, however, that where the seller cannot provide a refund by the same method payment was tendered, prompt refund shall mean a refund sent in the form of cash, check, or money order, by any means at least as fast and reliable as first class mail, within seven (7) working days of the date on which the seller discovers it cannot provide a refund by the same method as payment was tendered; (§ 435.2) ... it constitutes an unfair method of competition, and an unfair or deceptive act or practice for a seller: (a) (1) To solicit any order for the sale of merchandise to be ordered by the buyer through the mail, via the Internet, or by telephone unless, at the time of the solicitation, the seller has a reasonable basis to expect that it will be able to ship any ordered merchandise to the buyer: (a) (1) (i) Within that time clearly and conspicuously stated in any such solicitation; or (a) (1) (ii) If no time is clearly and conspicuously stated, within thirty (30) days after receipt of a properly completed order from the buyer. Provided, however, where, at the time the merchandise is ordered the buyer applies to the seller for credit to pay for the merchandise in whole or in part, the seller shall have fifty (50) days, rather than thirty (30) days, to perform the actions required in this paragraph (a)(1)(ii). (a) (2) To provide any buyer with any revised shipping date, as provided in paragraph (b) of this section, unless, at the time any such revised shipping date is provided, the seller has a reasonable basis for making such representation regarding a definite revised shipping date. (a) (3) To inform any buyer that it is unable to make any representation regarding the length of any delay unless: (a) (3) (i) The seller has a reasonable basis for so informing the buyer; and (a) (3) (ii) The seller informs the buyer of the reason or reasons for the delay. (a) (4) In any action brought by the Federal Trade Commission, alleging a violation of this part, the failure of a respondent-seller to have records or other documentary proof establishing its use of systems and procedures which assure the shipment of merchandise in the ordinary course of business within any applicable time set forth in this part will create a rebuttable presumption that the seller lacked a reasonable basis for any expectation of shipment within said applicable time. (b) (1) Where a seller is unable to ship merchandise within the applicable time set forth in paragraph (a)(1) of this section, to fail to offer to the buyer, clearly and conspicuously and without prior demand, an option either to consent to a delay in shipping or to cancel the buyer`s order and receive a prompt refund. Said offer shall be made within a reasonable time after the seller first becomes aware of its inability to ship within the applicable time set forth in paragraph (a)(1) of this section, but in no event later than said applicable time. There are further provisions which deal with the situation where a delayed order is further delayed, and what consent the buyer may have already given to any delay. In short, where the seller is unable to meet its estimated time for shipment of the order, the seller must promptly inform the buyer, in no case later than the original estimated shipment date, and must offer an option to cancel the order. Unless the buyer explicitly consents to the delay (definite or indefinite) the seller must send a prompt refund, which means within 7 working days. No contract purporting to waive or modify these rights is valid or enforceable on these points, although if the initial order explicitly states that the date of shipment is indefinite, and the customer agrees to this, no shipment date can be enforced under this rule. California Laws California Civil Code section 1723 requires that a retail store selling goods allow returns or exchanges for at least 7 days, or else prominently post its actual policy. But that does not apply to goods ordered for later delivery. The California Business and Professions Code section 17500 makes it unlawful for: any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading This would include advertising a shipment date which was not reasonably achievable, and which the seller knew or should have know was likely not to be met. The California Civil code section 17770 makes unlawful: (10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. This may not apply to the fact pattern described in the question, depending on what the seller knew and when.
It is likely that the law applying will be both that of the USA and your country. If you went to court this would be one of the things you argued over. For example, Australian Consumer Law applies to any goods or services sold to a customer in Australia irrespective of where the vendor is located. Your jurisdiction may have similar laws. At first blush you must comply with the term of the contract preventing reverse engineering. They would be within their rights to terminate the licence if you don't. However, they probably have an obligation under your equivalent to the ACL to supply a product that: is merchantable is fit for purpose does what it says it will do If it doesn't then you have a right to terminate and get your money back, sue for damages and your country's government may prosecute.