Title 10, Chapter 1, Section 50
( 10-1-50)
No person, firm, partnership, association, or corporation, or agent
or employee thereof, 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 recipient as a result of a bona fide mistake, in any
manner he sees fit without any obligation on his part to the sender. 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. |