Under federal law, anyone who receives unordered merchandise in the mail has the right to treat it “as a gift,” but a divided federal appeals court has now ruled that the law does not create a private right of action for individuals to sue when they claim they were duped into paying for unordered goods.

In Wisniewski v. Rodale Inc., the 3rd U.S. Circuit Court of Appeals upheld the dismissal of a class action suit, finding that the lower court correctly held that Section 3009 of the Postal Reorganization Act does not include a private right of action.

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