Title 10, Chapter 1, Section 51
( 10-1-51)
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 or statutory overnight delivery, return receipt
requested, any unordered goods, wares, or merchandise which are sent
to the person after 30 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 Code
section shall relieve the person from liability for damages to which
he might be otherwise subjected to 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
Code section. If, after any 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. |