10-1-51
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10-1-51.
If
a person is a member of an organization which makes retail sales of any goods,
wares, or merchandise to its members and the person notifies the organization of
his termination of membership by certified mail or statutory overnight delivery,
return receipt requested, any unordered goods, wares, or merchandise which are
sent to the person after 30 days following execution of the return receipt for
the certified letter by the organization shall for all purposes be deemed
unconditional gifts to the person, who may use or dispose of the goods, wares,
or merchandise in any manner he sees fit without any obligation on his part to
the organization.
If
the termination of a person´s membership in such organization breaches any
agreement with the organization, nothing in this Code section shall relieve the
person from liability for damages to which he might be otherwise subjected to
pursuant to law; but he shall not be subject to any damages with respect to any
goods, wares, or merchandise which are deemed unconditional gifts to him under
this Code section.
If,
after any 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.