2006 New York Code - Unsolicited And Voluntarily Sent Merchandise Deemed Unconditional Gift.



 
    § 5-332. Unsolicited   and   voluntarily   sent   merchandise   deemed
  unconditional gift. 1. 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 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  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 attorney's fees and costs to the prevailing party.
    2. 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,  return  receipt  requested,  any  unordered  goods,   wares,   or
  merchandise  which  are  sent  to the person after thirty 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 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 section.
    If after any receipt deemed to be an  unconditional  gift  under  this
  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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