Two major publishers are being sued by consumers for allegedly mailing unsolicited books that were accompanied by invoices.
Allen Aron of Chicago filed a class action suit against American Express Publishing Corp. on Feb. 20, alleging that the firm sent him a copy of Food & Wine Magazine’s 2003 Cookbook without his consent.
A similar action was filed earlier in the month by Michael Karnuth against Rodale Inc., claiming that Rodale sent him two unsolicited books and placed him in collection when he failed to pay for one of the titles.
The plaintiffs, both of whom are represented by the Chicago law firm of Robert J. Stein III, seek declarations that they can keep the books as gifts. Both parties cite 30 U.S.C., Section 39, which states that unordered merchandise constitutes a gift that does not have to be paid for or returned.
However, a Rodale spokesperson said that Karnuth’s complaint is
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