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Mail or Telephone Order Merchandise Rule

By: admin, November 25, 2004  
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Whether or not the Rule is involved, in any approval or other sale you must obtain the customer's prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:

Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or, 
Try to obtain payment for or the return of the unordered merchandise. 
Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $11,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.