2010 Georgia Code
TITLE 10 - COMMERCE AND TRADE
CHAPTER 1 - SELLING AND OTHER TRADE PRACTICES
ARTICLE 3 - UNSOLICITED MERCHANDISE
§ 10-1-50 - Unsolicited merchandise not to be sent; recipient may treat as gift; enjoining payment requests

O.C.G.A. 10-1-50 (2010)
10-1-50. Unsolicited merchandise not to be sent; recipient may treat as gift; enjoining payment requests


No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner or by any means, offer for sale goods, wares, or merchandise where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to recipient as a result of a bona fide mistake, in any manner he sees fit without any obligation on his part to the sender.

If, after any such receipt deemed to be an unconditional gift under this Code section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.

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