MARVIN MANDEL, Governor

607

(B) WAIVER INVALID.

IN A CONSUMER TRANSACTION, A WAIVER BY THE DEBTOR OF
HIS RIGHT AS A DEFENDANT IN AN ACTION OF REPLEVIN TO A
HEARING OR TO NOTICE OF AN OPPORTUNITY TO BE HEARD BEFORE
SEIZURE OF PROPERTY SECURING THE TRANSACTION IS VOID IF
MADE BEFORE SERVICE OF NOTICE OF THE OPPORTUNITY TO BE
HEARD.

REVISOR'S NOTE: This section presently appears as
Art. 83, §21-1.

The only changes are in style.

19.1104. UNSOLICITED SENDING OF MERCHANDISE.

(A)    OFFER WHICH INCLUDES UNSOLICITED SENDING OF
MERCHANDISE.

(1)   A PERSON MAY NOT OFFER ANY MERCHANDISE
FOR SALE IN ANY MANNER OR BY ANY MEANS IF THE OFFER
INCLUDES THE VOLUNTARY AND UNSOLICITED SENDING OF
MERCHANDISE NOT ACTUALLY ORDERED OR REQUESTED BY THE
RECIPIENT ORALLY OR IN WRITING.

(2)   IF A PERSON RECEIVES ANY MERCHANDISE
OFFERED FOR SALE IN VIOLATION OF THIS SUBSECTION, IT IS
AN UNCONDITIONAL GIFT TO HIM FOR ALL PURPOSES. HE MAY USE
OR DISPOSE OF THE MERCHANDISE IN ANY MANNER WITHOUT ANY
OBLIGATION ON HIS PART TO THE SENDER.

(B)   UNORDERED MERCHANDISE SENT AFTER TERMINATION OF
MEMBERSHIP.

(1)    IF A MEMBER OF AN ORGANIZATION MAKING
RETAIL SALES OF MERCHANDISE TO ITS MEMBERS NOTIFIES THE
ORGANIZATION BY REGISTERED OR CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, OF HIS TERMINATION OF MEMBERSHIP, ANY
UNORDERED MERCHANDISE SENT TO THE MEMBER AFTER 30 DAYS
FOLLOWING EXECUTION OF THE RETURN RECEIPT BY THE
ORGANIZATION IS AN UNCONDITIONAL GIFT TO HIM FOR ALL
PURPOSES. HE MAY USE OR DISPOSE OF THE MERCHANDISE IN
ANY MANNER WITHOUT ANY OBLIGATION ON HIS PART TO THE
ORGANIZATION.

(2)   THIS SUBSECTION DOES NOT RELIEVE A PERSON
FROM LIABILITY FOR DAMAGES TO WHICH HE MIGHT OTHERWISE BE
SUBJECT IF HIS TERMINATION OF MEMBERSHIP BREACHES ANY
AGREEMENT WITH THE ORGANIZATION. HOWEVER, HE MAY NOT BE
SUBJECT TO ANY DAMAGES WITH RESPECT TO THE MERCHANDISE
CONSIDERED UNDER THIS SUBSECTION TO BE AN UNCONDITIONAL
GIFT TO HIM.

(C)   INJUNCTION.