This comment will analyze the nature and interaction of the common law, state statutes, FTC efforts, and postal restrictions, focusing on a recipient's obligation to pay for, return, or protect unsolicited goods. Like the original TSR issued in 1995, the amended Rule gives effect to the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFPA). Before you donate through an online portal that lets you choose from a list of charities, read the article Donating Through an Online Giving Portal, available at FTC.gov/Charity. According to the Federal Trade Commission (FTC), consumers do not have an obligation to either return or pay for the unsolicited merchandise and vendors do not have a legal right to demand payment. If you get a call from a fundraiser: You don’t have to give over the phone. There is no single law addressing shipments that were never ordered. Wednesday, January 30, 2002 Part II Federal Trade Commission 16 CFR Part 310 Telemarketing Sales Rule; Proposed Rule VerDate 112000 14:17 Jan 29, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30JAP2.SGM pfrm06 PsN: 30JAP2 OBJECTIONS TO UNSOLICITED MERCHANDISE The Federal Trade Commission (FTC) amended the Telemarketing Sales Rule (TSR) in 2003, 2008, 2010 and 2015. Don’t let any caller pressure you. However, an unsolicited merchandise is a different story. Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of un­ordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15. the common law concerning unsolicited goods' and may seriously limit their utility. If a company makes a mistake and sends an extra item you didn’t order, you have an ethical obligation to return it, but legally, you don’t have to send it back. Instead, a patchwork of laws covers this issue, and … It explains how these online giving portals work. If you accidentally send an unwanted shipment to a customer, you'll have to read carefully to avoid violating the law or the consumer's rights. It also provides pre-filed letters and forms to send to credit bureaus, businesses, and debt collectors. The site provides victims with a personal recovery plan, walking through each step to take. The FTC recommends that consumers who receive unsolicited items write a letter to the company stating that the item was never ordered and, therefore, she has a legal right to keep it for free. You may report problems with senders of unordered merchandise to the Federal Trade Commission (FTC), which has authority to take action against deceptive and misleading business practices. 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