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Title 39, Postal ServiceRelease 119-102

§3009 Mailing of Unordered Merchandise

Title 39 › PART IV — MAIL MATTER › CHAPTER 30 — NONMAILABLE MATTER › § 3009

Last updated Aug 21, 2026|Official source

Summary

Mailing merchandise that someone did not ask for is an unfair business practice and breaks federal consumer law (15 U.S.C. 45(a)(1)). The only allowed exceptions are clearly marked free samples and items sent by a charity asking for donations. People who get unordered items can treat them as free gifts. They may keep, use, throw away, or give them away and owe nothing to the sender. The item must have a clear notice saying the recipient may treat it as a gift. Senders may not send a bill or collection notice for such items. Unordered merchandise means items sent without the recipient’s prior express request or consent.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

39 U.S.C. § 3009

Title 39, Postal Service

Last Updated

Aug 21, 2026

Release point: 119-102