CERTIFICATION OF ENROLLMENT
ENGROSSED SENATE BILL 6427
Chapter 43, Laws of 1992
52nd
Legislature
1992
Regular Session
UNSOLICITED GOODS OR SERVICES
EFFECTIVE
DATE: 6/11/92
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Passed by the Senate February
12, 1992
Yeas 46 Nays 0
 JOEL PRITCHARD
President of the Senate
Passed by the House March 5,
1992
Yeas 97 Nays 0
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CERTIFICATE
I, Gordon Golob, Secretary of
the Senate of the State of Washington, do hereby certify that the attached is
ENGROSSED SENATE BILL 6427 as passed by the Senate and the House of
Representatives on the dates hereon set forth.
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 JOE KING
Speaker of the
House of Representatives
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 GORDON A. GOLOB
Secretary
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Approved March 26, 1992 Place Style On Codes above, and Style Off Codes below.
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FILED
March 26, 1992 - 11:31 a.m.
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BOOTH GARDNER
Governor of the State of Washington
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Secretary
of State
State of
Washington
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_______________________________________________
ENGROSSED
SENATE BILL 6427
_______________________________________________
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
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.
Passed
the Senate February 12, 1992.
Passed
the House March 5, 1992.
Approved by the Governor March 26, 1992.
Filed
in Office of Secretary of State March 26, 1992.