Johanna Kipperman v. Academy Life Insurance Company

OPINION

SNEED, Circuit Judge:

Plaintiff-appellant Kipperman, through her father, seeks to establish a private right of action under 39 U.S.C. § 3009. Section 3009 makes the mailing of unsolicited “merchandise” a per se unfair trade practice actionable by the Federal Trade Commission. Under section 3009(b), the recipient of unsolicited “merchandise” may treat the item received as a gift. The district court found there was no implied private right of action and dismissed. While we agree that the action should be dismissed, we believe the district court erred in holding that no implied private…