Unsolicited Goods: Know Your Rights and Legal Implications

Definition & Meaning

Unsolicited goods are items sent to a person without their prior request or agreement. While receiving such goods is not illegal, demanding payment for them is considered a criminal act. Recipients are not required to return these goods or keep them safe; they can choose to accept them as gifts or dispose of them as they see fit.

Table of content

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A company sends a set of kitchen utensils to a consumer who never ordered them. The consumer receives a bill demanding payment for the utensils. In this case, the consumer is not obligated to pay for the utensils and can keep or discard them as they wish.

State-by-state differences

State Legal Consideration
California Strong consumer protection laws against unsolicited goods.
New York Similar protections; companies cannot demand payment for unsolicited items.
Texas Enforcement of consumer rights regarding unsolicited goods is less stringent.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Difference
Solicited goods Items requested or ordered by the recipient. Solicited goods involve prior agreement, while unsolicited goods do not.
Fraudulent goods Items sold under false pretenses. Fraudulent goods involve deception, whereas unsolicited goods may not.

What to do if this term applies to you

If you receive unsolicited goods, you have the right to keep them or dispose of them without any obligation to pay. If a company demands payment, you should document the communication and consider seeking legal advice. For straightforward situations, you can explore US Legal Forms' templates to help manage the issue yourself. However, if the situation becomes complex or escalates, consulting a legal professional is advisable.

Quick facts

  • Unsolicited goods are sent without a request.
  • Demanding payment for such goods is illegal.
  • Recipients can keep or discard unsolicited goods.
  • Consumer protection laws apply in cases of unfair practices.

Key takeaways

Frequently asked questions

You can keep or dispose of them. You are not obligated to pay or return them.