Unsolicited Merchandise Not to Be Sent; Recipient May Treat as Gift; Trial Periods; Remedies for Violations

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Unsolicited Merchandise
  6. Unsolicited Merchandise Not to Be Sent; Recipient May Treat as Gift; Trial Periods; Remedies for Violations

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  1. As used in this Code section, the term "person" shall have the meaning as provided in Code Section 10-1-2.
  2. No person 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, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender.
  3. No person shall require payment for the continued provision of any goods, wares, or merchandise following the expiration of a trial period during which similar goods, wares, or merchandise were provided free of charge unless the recipient of such goods, wares, or merchandise provides affirmative oral, written, or electronic assent to the continued receipt thereof on a paid basis. In the absence of any such assent, the receipt of any such goods, wares, or merchandise following such trial period shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender.
  4. Any violation of this Code section shall be considered a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975." Any remedy available under such part shall be available to any recipient under this Code section, and any action by the Attorney General authorized under such part for a violation thereof shall be authorized for a violation of this Code section.

(Ga. L. 1970, p. 565, § 1; Ga. L. 2016, p. 369, § 1/HB 697.)

The 2016 amendment, effective July 1, 2016, added subsection (a); designated the existing provisions of the first undesignated paragraph of this Code section as subsection (b); in subsection (b), deleted ", firm, partnership, association, or corporation, or agent or employee thereof," following "No person" in the first sentence and, in the second sentence, inserted "the", inserted "or she" and deleted "on his part" following "any obligation"; added subsection (c); deleted the former provisions of the second undesignated paragraph, which read: "If, after any such receipt deemed to be an unconditional gift under this Code 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."; and added subsection (d).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 27, 546.


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