Unsolicited goods are those goods which are sent to someone without being asked those goods to be sent. Sending unsolicited goods in itself is not an offence. However, demanding payment for unsolicited goods is a criminal offence. Consumers can retain unsolicited goods or dispose them as they wish. They are under no obligation to keep them safe or to return them.
When unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift, and is not bound to return the goods or services. Goods or services are not considered to have been solicited unless the recipient specifically requested. Demanding payment for unsolicited goods constitutes an unfair or deceptive act or practice in trade or commerce for the purposes of applying Consumer Protection Act.
1 comment:
Peggy,
This is interesting because lots of people are being scammed by cell providers--I think this law applies. A company named Media Wise sends a text message to mobiles phones informing them that unless they respond with a specific text message, they will be enrolled in a messaging service for $9.99 per month. Do you have the specific statute that you refer to in this blog post? I want to sue T-Mobile in small claims court, but I'd love to point out at the same time that this behavior is actually criminal.
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