§ 14-1304. Unsolicited sending of merchandise

   (a) Offer which includes unsolicited sending of merchandise. --

   (1) A person may not offer any merchandise for sale in any manner or by any means if the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient orally or in writing.

   (2) If a person receives any merchandise offered for sale in violation of this subsection, it is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the sender.

(b) Unordered merchandise sent after termination of membership. --

   (1) If a member of an organization making retail sales of merchandise to its members notifies the organization by registered or certified mail, return receipt requested, of his termination of membership, any unordered merchandise sent to the member after 30 days following execution of the return receipt by the organization is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the organization.

   (2) This subsection does not relieve a person from liability for damages to which he might otherwise be subject if his termination of membership breaches any agreement with the organization. However, he may not be subject to any damages with respect to the merchandise considered under this subsection to be an unconditional gift to him.

(c) Injunction. -- After the receipt of any merchandise considered to be an unconditional gift under this section, if the sender continues to send any bill, statement of account, or request for payment with respect to the merchandise, the recipient may bring an action to enjoin the sender's conduct. In that action, the court may award reasonable attorney's fees and costs to the prevailing party.

HISTORY: An. Code 1957, art. 83, § 21A; 1975, ch. 49, § 3; 1978, ch. 673, § 2.