39 U.S.C. § 3009 — Mailing of unordered merchandise

FEDERAL · 39 U.S.C. · Chapter 30

Mailing of unordered merchandise

Current through Pub. L. 119-102

Title 39 — Postal Service·Ch. 30 — NONMAILABLE MATTER

(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 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 t

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(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 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.
(c) 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.
(d) For the purposes of this section, "unordered merchandise" means merchandise mailed without the prior expressed request or consent of the recipient.

39 U.S.C. § 3009 (Mailing of unordered merchandise) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Patricia Sanford v. Memberworks, Inc., a Delaware Corporation, AKA Mwi Essentials, AKA Mwi Home and Garden, AKA Mwi Connections, AKA Mwi Valuemax West Corporation, a Delaware Corporation West Telemarketing Corporation, a Delaware Corporation v. Preston Smith Rita Smith, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Intervenors-Appellants

483 F.3d 956 (Ninth Circuit, 2007)

1 case citations

Cullen v. Shutterfly Lifetouch, LLC

(N.D. California, 2021)

FEDERAL TRADE COMMISSION v. AMERICAN FUTURE SYSTEMS, INC.

(E.D. Pennsylvania, 2021)

Federal Trade Commission v. ZAAPPAAZ, LLC

(S.D. Texas, 2024)

Lindner v. Reader's Digest Ass'n

231 F. App'x 663 (Ninth Circuit, 2007)

Byers v. Intuit, Inc.

564 F. Supp. 2d 385 (E.D. Pennsylvania, 2008)

Source Credit

History

(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.