39 U.S.C. § 3007 — Detention of mail for temporary periods

Page 74 TITLE 39—POSTAL SERVICE [§ 3006 Postmaster General (or any duly authorized agent of the Postmaster General) may tender, at any reasonable time and by any reasonable means, the price advertised or otherwise re- quested for any article or service that such per- son has offered to provide through the mails. (2) A failure to provide the article or service offered after the Postmaster General or his agent has tendered the price advertised or other- wise requested in the manner described in para- graph (1) of this subsection, and any reasons for such failure, may be considered in a proceeding held under section 3007 of this title to determine if there is probable cause to believe that a viola- tion of this section has occurred. (3) The Postmaster General shall prescribe regulations under which any individual seeking to make a purchase on behalf of the Postal Serv- ice under this subsection from any person shall— (A) identify himself as an employee or au- thorized agent of the Postal Service, as the case may be; (B) state the nature of the conduct under in- vestigation; and (C) inform such person that the failure to complete the transaction may be considered in a proceeding under section 3007 of this title to determine probable cause, in accordance with paragraph (2) of this subsection. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 93–583, § 4, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 94–525, § 2, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 95–360, Sept. 9, 1978, 92 Stat. 594; Pub. L. 98–186, § 2, Nov. 30, 1983, 97 Stat. 1315; Pub. L. 100–625, § 2(c), Nov. 7, 1988, 102 Stat. 3205; Pub. L. 101–524, § 2(b), Nov. 6, 1990, 104 Stat. 2302; Pub. L. 102–71, § 2(2), July 10, 1991, 105 Stat. 330; Pub. L. 106–168, title I, §§ 104, 105(b)(2)(A), Dec. 12, 1999, 113 Stat. 1810, 1811; Pub. L. 109–435, title X, § 1010(g)(3), Dec. 20, 2006, 120 Stat. 3262.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘under section 3001(d),’’ for ‘‘under 3001(d),’’ in introductory provisions and ‘‘under such section 3001(d),’’ for ‘‘under such 3001(d),’’ in concluding provisions. 1999—Subsec. (a). Pub. L. 106–168, § 104, in two places, struck out ‘‘or’’ after ‘‘(h),’’ and inserted ‘‘, (j), or (k)’’ after ‘‘(i)’’. Subsec. (c). Pub. L. 106–168, § 105(b)(2)(A), substituted ‘‘section,’’ for ‘‘section and section 3006 of this title,’’. 1991—Subsec. (a). Pub. L. 102–71 substituted ‘‘3001(d), (h), or (i)’’ for ‘‘section 3001(d), (f), or (g)’’ in two places. 1990—Subsec. (a). Pub. L. 101–524 substituted ‘‘section 3001(d), (f), or (g)’’ for ‘‘section 3001(d)’’ in two places. 1988—Subsec. (d)(1). Pub. L. 100–625 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: ‘‘a newspaper of general circulation containing adver- tisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,’’. 1983—Subsec. (a)(3). Pub. L. 98–186, § 2(a), added par. (3). Subsec. (d). Pub. L. 98–186, § 2(b), struck out ‘‘or’’ be- fore ‘‘(2)’’, inserted ‘‘or’’ before ‘‘(3)’’, and inserted cl. (3) and provision relating to applicability of cl. (3). Subsec. (e). Pub. L. 98–186, § 2(c), added subsec. (e). 1978—Subsec. (a). Pub. L. 95–360 inserted provisions relating to nonmailable matter under section 3001(d) of this title. 1976—Subsec. (d). Pub. L. 94–525 substituted ‘‘a news- paper of general circulation containing advertisements, lists of prizes, or information concerning a lottery con- ducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,’’ for ‘‘a newspaper of general circulation published in a State containing advertise- ments, lists of prizes, or information concerning a lot- tery conducted by that State acting under authority of State law,’’. 1975—Subsec. (d). Pub. L. 93–583 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–524 effective Nov. 6, 1990, and applicable to matter deposited for mailing and de- livery on or after 180 days after Nov. 6, 1990, see section 6 of Pub. L. 101–524, set out as a note under section 3001 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–625 effective 18 months after Nov. 7, 1988, see section 5 of Pub. L. 100–625, set out as a note under section 1304 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. CONSUMER EDUCATION PROGRAM ON SCHEMES INVOLVING FALSE REPRESENTATIONS Pub. L. 98–186, § 4, Nov. 30, 1983, 97 Stat. 1317, as amended by Pub. L. 104–66, title II, § 2211(a), Dec. 21, 1995, 109 Stat. 732; Pub. L. 117–286, § 4(b)(68), Dec. 27, 2022, 136 Stat. 4350, provided that: ‘‘(a) As soon as practicable after the date of enact- ment of this Act [Nov. 30, 1983], the Postmaster General or his designee, following consultation with representa- tives of the mail order industry, shall develop and carry out a program designed to provide consumer edu- cation to the public on schemes involving false rep- resentations through use of the mails, including the dissemination of information on recognizing practices commonly associated with such schemes, as well as ap- propriate measures which an individual may take upon receiving mail matter which the individual believes may be part of such a scheme. ‘‘(b) A summary of the activities carried out under subsection (a) shall be included in the first semiannual report submitted each year as required under section 405 of title 5, United States Code.’’ [§ 3006. Repealed. Pub. L. 106–168, title I, § 105(b)(1), Dec. 12, 1999, 113 Stat. 1811] Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747, pro- hibited persons from obtaining or attempting to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 3007. Detention of mail for temporary periods (a)(1) In preparation for or during the pend- ency of proceedings under section 3005, the Post- Page 75 TITLE 39—POSTAL SERVICE § 3008 al Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and prelimi- nary injunction under the procedural require- ments of rule 65 of the Federal Rules of Civil Procedure. (2)(A) Upon a proper showing, the court shall enter an order which shall— (i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and (ii) direct the detention by the postmaster, in any and all districts, of the defendant’s in- coming mail and outgoing mail, which is the subject of the proceedings under section 3005. (B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005. (3) Mail detained under paragraph (2) shall— (A) be made available at the post office of mailing or delivery for examination by the de- fendant in the presence of a postal employee; and (B) be delivered as addressed if such mail is not clearly shown to be the subject of pro- ceedings under section 3005. (4) No finding of the defendant’s intent to make a false representation or to conduct a lot- tery is required to support the issuance of an order under this section. (b) If any order is issued under subsection (a) and the proceedings under section 3005 are con- cluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under sub- section (a) was issued. (c) This section does not apply to mail ad- dressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106–168, title I, § 105(a), Dec. 12, 1999, 113 Stat. 1810.) Editorial Notes REFERENCES IN TEXT Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. AMENDMENTS 1999—Pub. L. 106–168 added subsecs. (a) and (b), struck out former subsec. (a) which provided for injunctive re- lief and other orders by the district court in which the defendant gets his mail, and redesignated former sub- sec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 3008. Prohibition of pandering advertisements (a) Whoever for himself, or by his agents or as- signs, mails or causes to be mailed any pan- dering advertisement which offers for sale mat- ter which the addressee in his sole discretion be- lieves to be erotically arousing or sexually pro- vocative shall be subject to an order of the Post- al Service to refrain from further mailings of such materials to designated addresses thereof. (b) Upon receipt of notice from an addressee that he has received such mail matter, deter- mined by the addressee in his sole discretion to be of the character described in subsection (a) of this section, the Postal Service shall issue an order, if requested by the addressee, to the send- er thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees. (c) The order of the Postal Service shall ex- pressly prohibit the sender and his agents or as- signs from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange, or other transaction involving mail- ing lists bearing the names of the designated ad- dressees. (d) Whenever the Postal Service believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service, after appro- priate hearing if requested by the sender, and without a hearing if such a hearing is not re- quested, thereafter determines that the order given has been or is being violated, it is author- ized to request the Attorney General to make application, and the Attorney General is author- ized to make application, to a district court of the United States for an order directing compli- ance with such notice. (e) Any district court of the United States within the jurisdiction of which any mail mat- ter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the At- torney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof. (f) Receipt of mail matter 30 days or more after the effective date of the order provided for by this section shall create a rebuttable pre- sumption that such mail was sent after such ef- fective date. (g) Upon request of any addressee, the order of the Postal Service shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee.