§ 5-332 — Unsolicited and voluntarily sent merchandise deemed unconditional gift

New York § 5-332

• Jurisdiction: New York
• Law GOB: General Obligations
• Title 3: Certain Prohibited Contracts and Provisions of Contracts
• Art. 5: Creation, Definition and Enforcement of Contractual Obligations

Text

§ 5-332. Unsolicited and voluntarily sent merchandise deemed\nunconditional gift. 1. No person, firm, partnership, association or\ncorporation, or agent or employee thereof, shall, in any manner, or by\nany means, offer for sale goods, wares, or merchandise, where the offer\nincludes the voluntary and unsolicited sending of such goods, wares, or\nmerchandise not actually ordered or requested by the recipient, either\norally or in writing. The receipt of any such goods, wares, or\nmerchandise shall for all purposes be deemed an unconditional gift to\nthe recipient who may use or dispose of such goods, wares, or\nmerchandise in any manner he sees fit without any obligation on his part\nto the sender.\n If after any such receipt deemed to be an unconditional gift under\nthis section, the sender continues to send bill statements or requests\nfor payment with respect thereto, an action may be brought by the\nrecipient to enjoin such conduct, in which action there may also be\nawarded reasonable attorney's fees and costs to the prevailing party.\n 2. If a person is a member of an organization which makes retail sales\nof any goods, wares, or merchandise to its members, and the person\nnotifies the organization of his termination of membership by certified\nmail, return receipt requested, any unordered goods, wares, or\nmerchandise which are sent to the person after thirty days following\nexecution of the return receipt for the certified letter by the\norganization, shall for all purposes be deemed unconditional gifts to\nthe person, who may use or dispose of the goods, wares, or merchandise\nin any manner he sees fit without any obligation on his part to the\norganization.\n If the termination of a person's membership in such organization\nbreaches any agreement with the organization, nothing in this section\nshall relieve the person from liability for damages to which he might be\notherwise subjected to pursuant to law, but he shall not be subject to\nany damages with respect to any goods, wares, or merchandise which are\ndeemed unconditional gifts to him under this section.\n If after any receipt deemed to be an unconditional gift under this\nsection, the sender continues to send bill statements or requests for\npayment with respect thereto, an action may be brought by the recipient\nto enjoin such conduct, in which action there may also be awarded\nreasonable attorneys' fees and costs to the prevailing party.\n