S-3317.2          _______________________________________________

                                 SENATE BILL 6427

                  _______________________________________________

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; and amending RCW 19.56.020.

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 are mailed to a person, ((he)) the person has a right to accept delivery of ((such)) the goods as a gift only, and is not bound to return ((such)) the goods to the sender.  Goods are not considered to have been solicited unless the recipient specifically requested, in an affirmative manner, the sending of the goods.  Goods are not considered to have been requested if a person fails to respond to an invitation to purchase the goods and the sender sends the goods notwithstanding.  If ((such)) the unsolicited goods 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, and in any action for goods sold and delivered, or in any action for the return of the goods, it ((shall be)) is a complete defense that the goods were mailed voluntarily and that the defendant did not ((actually)) affirmatively order or request ((such)) the goods, either orally or in writing.