39 U.S.C. § 3009 — Mailing of unordered merchandise
submitted 56 years ago by Pub. L. 91-375 to r/title-39-POSTAL-SERVICE · 222 words · no verdicts yet
Mailing unordered merchandise or certain communications is generally an unfair trade practice, subject to the stated exceptions. The recipient may keep or dispose of the merchandise without owing the sender anything, and the sender may not bill or pursue payment.
(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15 . (b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained in it, may be treated as a gift by the recipient, who must have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise must have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. (c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained in it, must mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. (d) For the purposes of this section, “unordered merchandise” means merchandise mailed without the earlier clear request or consent of the recipient.
Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
Source credit: (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
- 1970Enacted · Pub. L. 91-375 · 84 Stat. 749
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-375 on 1970-08-12.
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