POSTAL REORGANIZATION ACT

[PUBLIC LAW 91-375, 91st Congress, approved August 12, 1970 (84 Stat. 719, 39 U.S.C. § 101, amends Public Law 86-682, 74 Stat. 578, 39 U.S.C. § 1, approved September 2, 1960).]

AN ACT To improve and modernize the postal service, to reorganize the Post Office Department, and for other purposes.

PART IV-MAIL MATTER

Chapter 30 - NONMAILABLE MATTER

§ 3009. Mailing of unordered merchandise

(a) Except for (1) free samples clearly and conspicuously Unfair trade marked as such, and (2) merchandise mailed by a charitable practice organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.*

66 Stat. 632

(b) Any merchandise mailed in violation of subsection (a) of Mail disposal this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.

munications, prohibition

(c) No mailer of any merchandise mailed in violation of Dunning comsubsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.

*The Federal Trade Commission is empowered and directed to prevent the use of unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce (38 Stat. 719; 52 Stat. 11; 64 Stat. 21; 66 Stat. 631; 72 Stat. 942; 15 U.S.C. 45).

(d) For the purposes of this section, "unordered merchan- "Unordered dise” means merchandise mailed without the prior expressed merchandise” request or consent of the recipient. (84 Stat. 749; 39 U.S.C.

§ 3009.)

Effective date: Section effective July 1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors (36 F.R. 785, Jan. 16, 1971). See section 15(a) of Pub.L. 91-375. See also Federal Trade Commission announcement (35 F.R. 14328, Sept. 11, 1970) relative to the cancellation of a proposed Trade Regulation Rule relating to the shipment of unordered merchandise, wherein the Commission stated “* ** regardless of the enacted effective date, the Commission announces that it will move to enforce the Federal Trade Commission Act in accordance with the provisions of section 3009.

Legislative history: For legislative history and purpose of Pub.L. 91-375, see 1970 U.S. Code Cong, and Adm. News, p. 3649.