Lindner

MEMORANDUM ***

Plaintiffs-appellants alleged that Reader’s Digest Association, Inc. violated the Postal Reorganization Act, 39 U.S.C. § 3009 , and related state laws by sending and billing them for unordered magazines. The district court dismissed or granted summary judgment on all claims. We affirm.

Nominal damages are generally awarded only to “vindicate important civil and constitutional rights that cannot be valued solely in monetary terms.” See City of Riverside v. Rivera, 477 U.S. 561, 574 , 106 S.Ct. 2686 , 91 L.Ed.2d 466 (1986). Violations of § 3009 are properly remedied by the Federal Trade Commission, see 15 U.S.C. § 45 (a)(2), the recipient treating the merchandise as a gift, see § 3009(b), or the recipient pursuing a private cause of action for restitutionary damages, see Kipperman v. Acad. Life Ins. Co., 554 F.2d 377, 380 (9th Cir.1977). Nominal damages are neither required nor available. Appellants other than Sanders thus failed to state a claim upon which relief could be granted. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir.2001). Dismissal of their claims was appropriate.

Reader’s Digest met its burden in its motion for summary judgment against Sanders. See…