TITLE 42
State Affairs and Government
CHAPTER 42-61.1
Prizes and Gift Act
SECTION 42-61.1-6
§ 42-61.1-6 Conditions for handling charge
and shipping charges.
(a) It shall be unlawful to notify a person that he or she will receive a gift,
prize, or item of value that has a condition of receiving the gift, prize, or
item of value, the requirement to pay any money or purchase or lease,
(including rent) any goods or services, if any one or more of the following
conditions exist:
(1) The shipping charge exceeds:
(i) The cost of postage or the charge of a delivery service
in the business of delivering goods of like size, weight and kind, for shipping
the gift, prize or item of value being distributed; or
(ii) The exact amount for shipping paid to an independent
fulfillment house or an independent supplier, either of which is in the
business of shipping goods for shippers other than the offeror of the gift,
prize, or item of value; or
(2) The handling charge exceeds the lesser of five dollars
($5.00) or the actual cost of handling.
(b) This section shall apply to all offers of prizes, gifts,
or items of value covered by this chapter.
History of Section.
(P.L. 1991, ch. 276, § 1.)
