Louisiana Revised Statutes 51:461 – Unsolicited merchandise; obligation of recipient
Terms Used In Louisiana Revised Statutes 51:461
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. No person, firm, partnership, association or corporation shall offer for sale in any manner any goods, wares or merchandise if the offer includes the voluntary and unsolicited sending of such goods, wares or merchandise not ordered or requested by the recipient, either orally or in writing. All such goods, wares or merchandise shall be deemed to be an unconditional gift to the recipient, and he may use or dispose of such goods, wares or merchandise in any manner he sees fit without any obligation to the sender.
B. If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor, the recipient may institute proceedings to enjoin such action. In addition, the sender may be liable for reasonable attorney fees and the costs of court.
Added by Acts 1970, No. 10, §1.