What constitutes an unsoliciated offer regarding merchandise for sale?

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What constitutes an unsoliciated offer regarding merchandise for sale?

My son’s school is partnered with a company that sends out flyers for spring pictures that state, “Not an order form,” “Send no money now,” and, “Just choose a pose.” It’s not an order form for pictures or consent to purchase. A month later, they send home a full package of pictures that states, “pay for these or return them.” I’m wondering if this is covered under any sort of unsolicited goods laws to entitle families to keep the pictures. Additionally, the schools will hold kids’ report cards until you pay for any pictures you do not return the pictures. Is that legal?

Asked on April 25, 2014 under General Practice, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An unsolicited offer to purchase merchandise is something that has been given without being asked foe and which was not initially wanted. Based upon what you have written about such is legal. You have to return the photos to get the report cars if you do not want to pay for the photograph.


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