I'm just wondering - what's so hard about a business understanding fairly basic consumer protection laws in the areas where they do business, and just FOLLOW THEM? So it's OK for a business owner to break the law provided their attorneys tell them that there's a minimal chance that it's going to bite them hard? What I'm hearing here is a rationalization for a business to not follow the law. If you feel so strongly about "doing the right thing" then why not advocate for following the law? Some of these laws are over 40 years old.
Because sending unsolicited photos is deliberate business decision where they know they can (and I'm going to say what it is) lie that they have to be returned if not paid for.
And there are many laws that would describe this.
Like Texas:
§ 35.45. DELIVERY OF UNSOLICITED GOODS. (a) Unless
otherwise agreed, if unsolicited goods are delivered to a person,
the person:
(1) is entitled to refuse to accept delivery of the
goods; and
(2) is not required to return the goods to the sender.
(b) If unsolicited goods are either addressed to or intended
for the recipient, the goods are considered a gift to the recipient,
who may use them or dispose of them in any manner without obligation
to the sender.
(c) Unsolicited goods received due to a bona fide mistake
must be returned, but the burden of proof of the error is on the
sender.
(d) This section does not apply to goods substituted for
goods ordered or solicited by the recipient.
Washington state:
RCW 19.56.020
Unsolicited goods or services as gifts.
If unsolicited goods or services are provided to a person, the person has a right to accept the goods or services as a gift only, and is not bound to return the goods 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 the unsolicited goods or services are either addressed to or intended for the recipient, the recipient may use them or dispose of them in any manner without any obligation to the provider, and in any action for goods or services sold and delivered, or in any action for the return of the goods, it is a complete defense that the goods or services were provided voluntarily and that the defendant did not affirmatively order or request the goods or services, either orally or in writing.
Illinois:
(815 ILCS 430/0.01) (from Ch. 121 1/2, par. 350)
Sec. 0.01. Short title. This Act may be cited as the Unsolicited Merchandise Act.
(Source: P.A. 86-1324.)
(815 ILCS 430/1) (from Ch. 121 1/2, par. 351)
Sec. 1. Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. If such unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender.
For purposes of this Act, "unsolicited goods" includes contractual obligations or other intangible property delivered to a person who has not ordered, solicited or agreed to purchase them, but shall not include tangible or intangible goods which are misdirected.
New York State:
NY Code - Section 5-332: Unsolicited and voluntarily sent merchandise deemed unconditional gift
1. No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares, or merchandise, where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of such goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the sender. If after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorney's fees and costs to the prevailing party. 2. If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after thirty days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization. If the termination of a person's membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section. If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.
Florida:
570.545 Unsolicited goods; no obligation on part of recipient.When unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or, if the goods are delivered, the person is not obligated to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift and the recipient may use or dispose of them in any manner without obligation to the sender.
And Michigan:
UNSOLICITED MERCHANDISE Act 28 of 1969
AN ACT to prescribe the rights and duties of persons who send and receive unsolicited merchandise. History: 1969, Act 28, Imd. Eff. July 10, 1969.
The People of the State of Michigan enact:
445.131 Unsolicited merchandise; rights of recipients.
Sec. 1. No person, firm, partnership, association or corporation, or agent or employee thereof, in any manner, or by any means, shall offer for sale goods where the offer includes the voluntary and unsolicited sending of goods by mail or otherwise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods shall be deemed for all purposes an unconditional gift to the recipient. The recipient may refuse to accept delivery of the goods, is not bound to return them to the sender, and may use or dispose of them in any manner he sees fit without any obligation on his part to the sender.
History: 1969, Act 28, Imd. Eff. July 10, 1969.
