Did you receive products you did not order, and then were invoiced for them? Have you received an invoice for advertising you did not order? Use this sample letter to notify the company that state and federal law allow you, the recipient, to use or dispose of the product in any manner you see fit and that you may take action, as allowed by law, if the company continues to seek payment for the product or unsolicited service.
Although you are not obligated to notify the sending company, sending a letter is likely the fastest way to put a stop to the company’s practice. Be sure to retain a copy of the letter you send. If the company asks for the return of the product, you may agree to do so as long as the company pays for all shipping costs.
If a company continues to send invoices for the product after you have sent the letter, you may file formal complaints with the Federal Trade Commission and the California Office of the Attorney General.
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, merchandise, or services, where the offer includes the voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing. The receipt of any goods, wares, merchandise, or services shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the goods, wares, merchandise, or services in any manner he or she sees fit without any obligation on his or her part to the sender or provider.
If, after any receipt deemed to be an unconditional gift under this section, the sender or provider continues to send bill statements or requests for payment with respect to the gift, an action may be brought by the recipient to enjoin the conduct, in which action there may also be awarded reasonable attorney's fees and costs to the prevailing party.
For the purposes of this section and limited to merchandise or services offered for sale through the mails, the "voluntary and unsolicited sending or providing of goods, wares, merchandise, or services not actually ordered or requested by the recipient, either orally or in writing," includes any merchandise or services selected by the company and offered to the consumer which will be mailed to him or her for sale or on approval or provided to him or her unless he or she exercises an option to reject the offer of sale or receipt on approval. Merchandise or services selected by the seller and offered for sale on a periodic basis must be affirmatively ordered by a statement or card signed by the consumer as to each periodic offer of merchandise or services. This paragraph shall not apply to any of the following:
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