Marvin Mandel, Governor                        1551

was delivered to the recipient unsolicited or that the recipient did
not actually order or request the merchandise, and the recipient
shall be entitled to retain for his own use said merchandise.

(b) Nothing in this section applies to any television or sound
radio broadcasting station or to any publisher or printer of a news-
paper, magazine, or other form of printed advertising, who or which
broadcasts, televises, publishes, or prints an advertisement for the
offer to sell.]

(a)    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 any goods, wares, or mer-
chandise, 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 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 SUB-section, the sender continues to send bill statements or re-
quests 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 attorney's fees and costs to the prevailing
party.

(b)    If a person is a member of an organization, INCLUDING
BUT NOT LIMITED TO ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION OR CORPORATION 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, return receipt requested, any
unordered goods, wares, or merchandise which are sent to
the person after thirty days following execution of the return
receipt for the certified letter by the organization, shall for all pur-
poses 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 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 section.

If after any receipt deemed to be an unconditional gift under this
SUB-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.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 24, 1971.