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§15-721.
§15-721.
No person, firm, partnership, association or corporation, or agent or
employee thereof, shall, in any manner, or by any means, offer for
sale in this state, 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 in any manner he sees fit without any obligation on his
part to the sender. Provided, however, that where solicited goods,
wares or merchandise are delivered to the wrong person by accident or
by the mistake of the delivery or mail service, such delivery shall
not constitute an offer subject to this act, and provided that the
provisions of this act shall not apply to goods of equal or greater
value and at no additional cost, substituted for goods ordered or
solicited by the recipient.
If after any such receipt deemed to be an unconditional gift under
this 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.
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