§3009 — Title 39 Postal Service | U.S. Code

Summary

Companies may not send people merchandise they did not ask for. Two exceptions are allowed: free samples that are clearly marked as free, and items sent by a charity that is asking for donations. "Unordered merchandise" means something mailed to you without your prior expressed request or consent. If you get such merchandise, you may treat it as a gift. You can keep it, use it, throw it away, or give it away. The item must have a clear notice saying you have that right. The sender may not bill you or send collection letters for the item.

Title 39, §3009

Postal Service — Source: USLM XML via OLRC

(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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

§3009 Mailing of Unordered Merchandise

Summary

Title 39, §3009

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata