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§15-722.
§15-722.
If a person is a member of an organization which makes retail sales of
any goods, wares, or merchandise to its members, and the person
notifies the organization of his termination of membership by
certified mail, return receipt requested, any unordered goods, wares,
or merchandise which are sent to the person after forty-five (45) days
following execution of the return receipt for the certified letter by
the organization shall for all purposes be deemed unconditional gifts
to the person, who 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 termination of a person's membership in such organization
breaches any agreement with the organization, nothing in this section
shall relieve the person from liability for damages to which he might
be otherwise subjected pursuant to law, but he shall not be subject to
any damages with respect to any goods, wares, or merchandise which are
deemed unconditional gifts to him under this section.
If after any 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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