Unsolicited Goods

In the law of the United Kingdom unsolicited Goods are goods delivered to an individual with a view to the individual receiving them and where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them. [Consumer Protection (Distance Selling) Regulations 2000 reg 24(1).] These were regulated under the Unsolicited Goods Act 1971 but the Consumer Protection (Distance Selling) Regulations 2000 are stricter in every respect rendering the 1971 Act redundant although there is no express repeal.

Rights of the Recipient

The "recipient may [...] use, deal with, or dispose of the goods as if they were an unconditional gift to him" [reg 24(2)] and " [t] he rights of the sender to the goods are extinguished" [reg 24(3)]

Under the 1971 Act, the recipient is obliged to the reasonable of the goods for a period of time.

Criminal Liability of the Sender [Formerly regulated under the Unsolicited Goods Act 1971, s2]

Under the Consumer Protection Regulations 2000 it is a criminal offence to:
* Assert a right of payment for the goods. [reg 24(4)]
* Threaten to take legal action with regard the goods. [reg 24(5)(a)]
* Threaten to Place the recipients name on a 'black-list'. [reg 24(5)(b)]
* Invoke or threaten to invoke any collection procedure. [reg 24(5)(c)]

This is important as if the individuals is not aware that they have legal title to the goods, they may unjustly enrich the sender. The fine amounts up to Level 5 on the standard scale, besides the first offence which is measured up to Level 4 on the standard scale.

ee also

Consumer Protection (Distance Selling) Regulations 2000

References