§ 14-1304. Unordered merchandise
West's Annotated Code of MarylandCommercial Law
MD Code, Commercial Law, § 14-1304
§ 14-1304. Unordered merchandise
(b)(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) After the receipt of any merchandise considered to be an unconditional gift under this section, if the sender continues to send any bill, statement of account, or request for payment with respect to the merchandise, the recipient may bring an action to enjoin the sender's conduct. In that action, the court may award reasonable attorney's fees and costs to the prevailing party.
Credits
Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1978, c. 673, § 2.
Formerly Art. 83, § 21A.
MD Code, Commercial Law, § 14-1304, MD COML § 14-1304
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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