Question: David Wisniewski filed suit against Rodale, Inc., a publisher, alleging that Rodale had violated Section 3009 of the Postal Reorganization Act by sending him unsolicited books and then demanding payment. Rodale moved for summary judgment, arguing that Section 3009 does not create a private cause of action in consumers. Section 3009 states:
(a) Except for
(1) free samples clearly and conspicuously marked as such, and
(2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of Title 15. Section 45(a)(1) of Title 15 is part of the FTC Act, which gives enforcement power to the FTC, not to consumers. Is Rodale correct in asserting that only the FTC, not consumers, may bring a case under Section 3009?