§461.1. Unsolicited goods; member of organization; obligation of recipient
Whenever any person who is a member of an organization which makes retail sales of any goods, wares or merchandise to its members notifies the organization of his termination of membership, any unordered goods, wares or merchandise sent to that person after thirty days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed to be unconditional gifts to the former member, and he may use or dispose of the goods, wares or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor the recipient may institute proceedings to enjoin such action, and in such case the sender may be liable for reasonable attorney fees and for costs of court.
Nothing in this section shall relieve any person from liability for damages as a result of a breach of agreement with the organization to which he formerly belonged, but such person shall not be subject to any damages with respect to goods, wares or merchandise which are deemed unconditional gifts to him under the provisions of this section.
Added by Acts 1970, No. 10, §1.
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