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39 U.S.C. § 3009 : US Code - Section 3009: Mailing of unordered merchandise

Search 39 U.S.C. § 3009 : US Code - Section 3009: Mailing of unordered merchandise

(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.
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