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                            ENGROSSED SENATE BILL 6427

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State of Washington              52nd Legislature             1992 Regular Session

By Senators Murray and Skratek

Read first time 01/29/92.  Referred to Committee on Commerce & Labor.Declaring when goods mailed without authority become gifts.

     AN ACT Relating to unauthorized mailings; amending RCW 19.56.020; and adding a new section to chapter 19.56 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 19.56.020 and 1967 c 57 s 1 are each amended to read as follows:

     ((Unless otherwise agreed, where)) If unsolicited goods or services are ((mailed)) provided to a person, ((he)) the person has a right to accept ((delivery of such)) the goods or services as a gift only, and is not bound to return ((such)) the goods ((to the sender)) or services.  Goods or services are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the receipt of the goods or services according to the terms under which they are being offered.  Goods or services are not considered to have been requested if a person fails to respond to an invitation to purchase the goods or services and the goods or services are provided notwithstanding.  If ((such)) the unsolicited goods or services are either addressed to or intended for the recipient, ((he)) the recipient may use them or dispose of them in any manner without any obligation to the ((sender)) provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it ((shall be)) is a complete defense that the goods or services were ((mailed)) provided voluntarily and that the defendant did not ((actually)) affirmatively order or request ((such)) the goods or services, either orally or in writing.

NEW SECTION. Sec. 2.  A new section is added to chapter 19.56 RCW to read as follows:

     Violation of RCW 19.56.020 is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW.  Failure to comply with this chapter is not reasonable in relation to the development and preservation of business.  A violation of RCW 19.56.020 constitutes an unfair or deceptive act or practice in trade or commerce for the purposes of applying chapter 19.86 RCW.