39 U.S.C. § 3017 — Nonmailable skill contests or sweepstakes

Page 82 TITLE 39—POSTAL SERVICE § 3017 or entity at its principal office or place of business. (4) SERVICE ON NATURAL PERSONS.—Service of any subpoena may be made upon any natural person by— (A) delivering a duly executed copy to the person to be served; or (B) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal of- fice or place of business. (5) VERIFIED RETURN.—A verified return by the individual serving any such subpoena set- ting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office re- ceipt of delivery of such subpoena. (c) ENFORCEMENT.— (1) IN GENERAL.—Whenever any person, part- nership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may re- quest that the Attorney General seek enforce- ment of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or trans- acts business, and serve upon such person a pe- tition for an order of such court for the en- forcement of this section. (2) JURISDICTION.—Whenever any petition is filed in any district court of the United States under this section, such court shall have juris- diction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provi- sions of this section. Any final order entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court may be punished as contempt. (d) DISCLOSURE.—Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5, United States Code. (Added Pub. L. 106–168, title I, § 107(a), Dec. 12, 1999, 113 Stat. 1812.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Dec. 12, 1999, see sec- tion 111 of Pub. L. 106–168, set out as an Effective Date of 1999 Amendment note under section 3001 of this title. REGULATIONS Pub. L. 106–168, title I, § 107(b), Dec. 12, 1999, 113 Stat. 1813, provided that: ‘‘Not later than 120 days after the date of the enactment of this section [Dec. 12, 1999], the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to imple- ment the amendment made by subsection (a) [enacting this section].’’ § 3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings (a) DEFINITIONS.—In this section— (1) the term ‘‘promoter’’ means any person who— (A) originates and mails any skill contest or sweepstakes, except for any matter de- scribed in section 3001(k)(4); or (B) originates and causes to be mailed any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); (2) the term ‘‘removal request’’ means a re- quest stating that an individual elects to have the name and address of such individual ex- cluded from any list used by a promoter for mailing skill contests or sweepstakes; (3) the terms ‘‘skill contest’’, ‘‘sweepstakes’’, and ‘‘clearly and conspicuously displayed’’ have the same meanings as given them in sec- tion 3001(k); and (4) the term ‘‘duly authorized person’’, as used in connection with an individual, means a conservator or guardian of, or person grant- ed power of attorney by, such individual. (b) NONMAILABLE MATTER.— (1) IN GENERAL.—Matter otherwise legally acceptable in the mails described in paragraph (2)— (A) is nonmailable matter; (B) shall not be carried or delivered by mail; and (C) shall be disposed of as the Postal Serv- ice directs. (2) NONMAILABLE MATTER DESCRIBED.—Matter described in this paragraph is any matter that— (A) is a skill contest or sweepstakes, ex- cept for any matter described in section 3001(k)(4); and (B)(i) is addressed to an individual who made an election to be excluded from lists under subsection (d); or (ii) does not comply with subsection (c)(1). (c) REQUIREMENTS OF PROMOTERS.— (1) NOTICE TO INDIVIDUALS.—Any promoter who mails a skill contest or sweepstakes shall provide with each mailing a statement that— (A) is clearly and conspicuously displayed; (B) includes the address or toll-free tele- phone number of the notification system es- tablished under paragraph (2); and (C) states that the notification system may be used to prohibit the mailing of all skill contests or sweepstakes by that pro- moter to such individual. (2) NOTIFICATION SYSTEM.—Any promoter that mails or causes to be mailed a skill con- test or sweepstakes shall establish and main- tain a notification system that provides for any individual (or other duly authorized per- son) to notify the system of the individual’s election to have the name and address of the individual excluded from all lists of names and addresses used by that promoter to mail any skill contest or sweepstakes. (d) ELECTION TO BE EXCLUDED FROM LISTS.— (1) IN GENERAL.—An individual (or other duly authorized person) may elect to exclude the Page 83 TITLE 39—POSTAL SERVICE § 3018 name and address of that individual from all lists of names and addresses used by a pro- moter of skill contests or sweepstakes by sub- mitting a removal request to the notification system established under subsection (c). (2) RESPONSE AFTER SUBMITTING REMOVAL RE- QUEST TO THE NOTIFICATION SYSTEM.—Not later than 60 calendar days after a promoter re- ceives a removal request pursuant to an elec- tion under paragraph (1), the promoter shall exclude the individual’s name and address from all lists of names and addresses used by that promoter to select recipients for any skill contest or sweepstakes. (3) EFFECTIVENESS OF ELECTION.—An election under paragraph (1) shall remain in effect, un- less an individual (or other duly authorized person) notifies the promoter in writing that such individual— (A) has changed the election; and (B) elects to receive skill contest or sweep- stakes mailings from that promoter. (e) PRIVATE RIGHT OF ACTION.— (1) IN GENERAL.—An individual who receives one or more mailings in violation of sub- section (d) may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— (A) an action to enjoin such violation; (B) an action to recover for actual mone- tary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or (C) both such actions. It shall be an affirmative defense in any action brought under this subsection that the defend- ant has established and implemented, with due care, reasonable practices and procedures to effectively prevent mailings in violation of subsection (d). If the court finds that the de- fendant willfully or knowingly violated sub- section (d), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). (2) ACTION ALLOWABLE BASED ON OTHER SUFFI- CIENT NOTICE.—A mailing sent in violation of section 3001(l) shall be actionable under this subsection, but only if such an action would not also be available under paragraph (1) (as a violation of subsection (d)) based on the same mailing. (f) PROMOTER NONLIABILITY.—A promoter shall not be subject to civil liability for the exclusion of an individual’s name or address from any list maintained by that promoter for mailing skill contests or sweepstakes, if— (1) a removal request is received by the pro- moter’s notification system; and (2) the promoter has a good faith belief that the request is from— (A) the individual whose name and address is to be excluded; or (B) another duly authorized person. (g) PROHIBITION ON COMMERCIAL USE OF LISTS.— (1) IN GENERAL.— (A) PROHIBITION.—No person may provide any information (including the sale or rental of any name or address) derived from a list described in subparagraph (B) to another person for commercial use. (B) LISTS.—A list referred to under sub- paragraph (A) is any list of names and ad- dresses (or other related information) com- piled from individuals who exercise an elec- tion under subsection (d). (2) CIVIL PENALTY.—Any person who violates paragraph (1) shall be assessed a civil penalty by the Postal Service not to exceed $2,000,000 per violation. (h) CIVIL PENALTIES.— (1) IN GENERAL.—Any promoter— (A) who recklessly mails nonmailable mat- ter in violation of subsection (b) shall be lia- ble to the United States in an amount of $10,000 per violation for each mailing to an individual of nonmailable matter; or (B) who fails to comply with the require- ments of subsection (c)(2) shall be liable to the United States. (2) ENFORCEMENT.—The Postal Service shall, in accordance with the same procedures as set forth in section 3012(b), provide for the assess- ment of civil penalties under this section. (Added Pub. L. 106–168, title I, § 108(a), Dec. 12, 1999, 113 Stat. 1814.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–168, title I, § 108(c), Dec. 12, 1999, 113 Stat. 1816, provided that: ‘‘This section [enacting this sec- tion] shall take effect 1 year after the date of the en- actment of this Act [Dec. 12, 1999].’’ § 3018. Hazardous material (a) IN GENERAL.—The Postal Service shall pre- scribe regulations for the safe transportation of hazardous material in the mail. (b) PROHIBITIONS.—No person may— (1) mail or cause to be mailed hazardous ma- terial that has been declared by statute or Postal Service regulation to be nonmailable; (2) mail or cause to be mailed hazardous ma- terial in violation of any statute or Postal Service regulation restricting the time, place, or manner in which hazardous material may be mailed; or (3) manufacture, distribute, or sell any con- tainer, packaging kit, or similar device that— (A) is represented, marked, certified, or sold by such person for use in the mailing of hazardous material; and (B) fails to conform with any statute or Postal Service regulation setting forth standards for a container, packaging kit, or similar device used for the mailing of haz- ardous material. (c) CIVIL PENALTY; CLEAN-UP COSTS AND DAM- AGES.— (1) IN GENERAL.—A person who knowingly violates this section or a regulation prescribed under this section shall be liable for— (A) a civil penalty of at least $250, but not more than $100,000, for each violation; (B) the costs of any clean-up associated with each violation; and