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This entry was published on 2014-09-22
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SECTION 5-332
Unsolicited and voluntarily sent merchandise deemed unconditional gift
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 3
§ 5-332. Unsolicited and voluntarily sent merchandise deemed
unconditional gift. 1. No person, firm, partnership, association or
corporation, or agent or employee thereof, shall, in any manner, or by
any means, offer for sale goods, wares, or merchandise, where the offer
includes the voluntary and unsolicited sending of such goods, wares, or
merchandise not actually ordered or requested by the recipient, either
orally or in writing. The receipt of any such goods, wares, or
merchandise shall for all purposes be deemed an unconditional gift to
the recipient who may use or dispose of such goods, wares, or
merchandise in any manner he sees fit without any obligation on his part
to the sender.

If after any such receipt deemed to be an unconditional gift under
this section, the sender continues to send bill statements or requests
for payment with respect thereto, an action may be brought by the
recipient to enjoin such conduct, in which action there may also be
awarded reasonable attorney's fees and costs to the prevailing party.

2. If a person is a member of an organization which makes retail sales
of any goods, wares, or merchandise to its members, and the person
notifies the organization of his termination of membership by certified
mail, return receipt requested, any unordered goods, wares, or
merchandise which are sent to the person after thirty days following
execution of the return receipt for the certified letter by the
organization, shall for all purposes be deemed unconditional gifts to
the person, who may use or dispose of the goods, wares, or merchandise
in any manner he sees fit without any obligation on his part to the
organization.

If the termination of a person's membership in such organization
breaches any agreement with the organization, nothing in this section
shall relieve the person from liability for damages to which he might be
otherwise subjected to pursuant to law, but he shall not be subject to
any damages with respect to any goods, wares, or merchandise which are
deemed unconditional gifts to him under this section.

If after any receipt deemed to be an unconditional gift under this
section, the sender continues to send bill statements or requests for
payment with respect thereto, an action may be brought by the recipient
to enjoin such conduct, in which action there may also be awarded
reasonable attorneys' fees and costs to the prevailing party.