N.Y. General Obligations Law § 5-332: Unsolicited and voluntarily sent merchandise deemed unconditional gift

§ 5-332. Unsolicited and voluntarily sent merchandise deemed

unconditional gift. 1. 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 such goods, wares, or

merchandise 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 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 attorney's fees and costs to the prevailing party.

2. If a person is a member of an organization 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 purposes 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

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.