§3009 Mailing of unordered merchandise

Summary

Sending unordered merchandise by mail is an unfair business practice under federal law (section 45(a)(1) of title 15). Two kinds of mailings are not covered: free samples that are clearly marked as free, and items sent by a charity asking for donations. If you get such merchandise, you can treat it as a gift. You may keep it, use it, throw it away, or get rid of it however you want without owing anything to the sender. The mail must have a clear notice telling you you have that right. The sender cannot mail you a bill or a demand for payment for the item. Unordered merchandise — items mailed without the recipient’s prior request or consent.