U.S. Code » Title 39 » Part PART IV— MAIL MATTER › Chapter CHAPTER 30— NONMAILABLE MATTER

39 U.S.C. § 3009

Mailing of unordered merchandise

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(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable 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.(b) Any merchandise mailed in violation of subsection (a) of 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.(c) No mailer of any merchandise mailed in violation of subsection (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.(d) For the purposes of this section, “un­ordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)Statutory Notes and Related SubsidiariesEffective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1972–2024 · leading case: Wisniewski v. Rodale, Inc., 510 F.3d 294 (3rd Cir. 2007).
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Wisniewski v. Rodale, Inc., 510 F.3d 294 (3rd Cir. 2007). · cites it 10× “This appeal requires us to determine whether § 3009 of the Postal Reorganization Act, 39 U.S.C. § 3009 (2000), which regulates the shipment of unordered merchandise, provides an implied private right of action.”
Cannon v. Univ. of Chicago, 441 U.S. 677 (1979). · cites it 2× “2d 377 (CA9 1977) ( 39 U. S. C. § 3009 ); Kampmeier v. Nyquist, 553 F.”
Blakemore v. Superior Court, 27 Cal. Rptr. 3d 877 (Cal. Ct. App. 2005). · cites it 5× “( 39 U.S.C. § 3009 .) Avon again demurred and moved to strike the second amended complaint, arguing that none of the four causes of action were supported by applicable *46 law and, in particular, that Blakemore’s allegations of pecuniary harm were “directly contradicted by the…”
UMG Recordings, Inc. v. Augusto, 628 F.3d 1175 (9th Cir. 2011). · cites it 4× “In the alternative, Augusto argues that the original recipients were entitled to treat the CDs as gifts under the Unordered Merchandise Statute, enacted as part of the Postal Reorganization Act of 1970, and therefore had “the right to retain, use, discard, or dispose of [them]…”
Sanford v. MemberWorks, Inc., 625 F.3d 550 (9th Cir. 2010). “” 39 U.S.C. § 3009 (a), (d). But it does not define “merchandise.”
Sanford v. Memberworks, Inc., 483 F.3d 956 (9th Cir. 2007). · cites it 4× “, West Corporation, and West Telemarketing Corporation for alleged violations of 39 U.S.C. § 3009 and related state law claims.”
Wisniewski v. Rodale, Inc., 406 F. Supp. 2d 550 (E.D. Pa. 2005). · cites it 6× “See 39 U.S.C. § 3009 (2004), 73 Pa. Cons.Stat.”
Kashelkar v. Rubin & Rothman, 97 F. Supp. 2d 383 (S.D.N.Y. 2000). · cites it 3× “The Complaint does not plead a violation of 39 U.S.C. § 3009 by Household because that statute concerns the mailing of unsolicited merchandise to customers, not unsolicited offers of credit, Household did not send Plaintiff any merchandise — it sent him an offer to open a line…”
Johanna Kipperman v. Academy Life Ins. Co., 554 F.2d 377 (9th Cir. 1977). · cites it 2× “OPINION SNEED, Circuit Judge: Plaintiff-appellant Kipperman, through her father, seeks to establish a private right of action under 39 U.S.C. § 3009 . Section 3009 makes the mailing of unsolicited “merchandise” a per se unfair trade practice actionable by the Federal Trade…”
Fed. Trade Comm'n v. Think All Publ'g, L.L.C., 564 F. Supp. 2d 663 (E.D. Tex. 2008). “39 U.S.C. § 3009 (2006). The FTC seeks to enforce both statutes through the provisions of Section 13(b) of the FTCA, which authorizes the FTC to “bring a suit in a district court of the United States to enjoin” practices which violate either of those two statutes.”
UMG Recordings, Inc. v. Augusto, 558 F. Supp. 2d 1055 (C.D. Cal. 2008). · cites it 2× “” 39 U.S.C. § 3009 (a), (c). 5 This merchandise “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 obligation whatsoever to the sender.”
Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 340 F. Supp. 1343 (D.D.C. 1972). “12626 , 15570) was preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.”
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