§ 3009. — Mailing of unordered merchandise.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3009]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 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.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 749.)
