§ 3005. — False representations; lotteries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3005]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3005. False representations; lotteries
(a) Upon evidence satisfactory to the Postal Service that any person
is engaged in conducting a scheme or device for obtaining money or
property through the mail by means of false representations, including
the mailing of matter which is nonmailable under \1\ 3001(d), (h), (i),
(j), or (k) of this title, or is engaged in conducting a lottery, gift
enterprise, or scheme for the distribution of money or of real or
personal property, by lottery, chance, or drawing of any kind, the
Postal Service may issue an order which--
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\1\ So in original. Probably should be followed by ``section''.
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(1) directs the postmaster of the post office at which mail
arrives, addressed to such a person or to his representative, to
return such mail to the sender appropriately marked as in violation
of this section, if the person, or his representative, is first
notified and given reasonable opportunity to be present at the
receiving post office to survey the mail before the postmaster
returns the mail to the sender;
(2) forbids the payment by a postmaster to the person or his
representative of any money order or postal note drawn to the order
of either and provides for the return to the remitter of the sum
named in the money order or postal note; and
(3) requires the person or his representative to cease and
desist from engaging in any such scheme, device, lottery, or gift
enterprise.
For purposes of the preceding sentence, the mailing of matter which is
nonmailable under such \1\ 3001(d), (h), (i), (j), or (k) by any person
shall constitute prima facie evidence that such person is engaged in
conducting a scheme or device for obtaining money or property through
the mail by false representations.
(b) The public advertisement by a person engaged in activities
covered by subsection (a) of this section, that remittances may be made
by mail to a person named in the advertisement, is prima facie evidence
that the latter is the agent or representative of the advertiser for the
receipt of remittances on behalf of the advertiser. The Postal Service
may ascertain the existence of the agency in any other legal way
satisfactory to it.
(c) As used in this section, the term ``representative'' includes an
agent or representative acting as an individual or as a firm, bank,
corporation, or association of any kind.
(d) Nothing in this section shall prohibit the mailing of (1)
publications containing advertisements, lists of prizes, or information
concerning a lottery, which are exempt, pursuant to section 1307 of
title 18 of the United States Code, from the provisions of sections
1301, 1302, 1303, and 1304 of title 18 of the United States Code, (2)
tickets or other materials concerning such a lottery within that State
to addresses within that State, or (3) an advertisement promoting the
sale of a book or other publication, or a solicitation to purchase, or a
purchase order for any such publication, if (A) such advertisement,
solicitation, or purchase order is not materially false or misleading in
its description of the publication; (B) such advertisement,
solicitation, or purchase order contains no material misrepresentation
of fact: Provided, however, That no statement quoted or derived from the
publication shall constitute a misrepresentation of fact as long as such
statement complies with the requirements of subparagraphs (A) and (C);
and (C) the advertisement, solicitation, or purchase order accurately
discloses the source of any statements quoted or derived from the
publication. Paragraph (3) shall not be applicable to any publication,
advertisement, solicitation, or purchase order which is used to sell
some other product in which the publisher or author has a financial
interest as part of a commercial scheme. For the purposes of this
subsection, ``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(e)(1) In conducting an investigation to determine if a person is
engaged in any of the activities covered by subsection (a) of this
section, the 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 requested for any
article or service that such person 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
otherwise requested in the manner described in paragraph (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 violation 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
Service under this subsection from any person shall--
(A) identify himself as an employee or authorized agent of the
Postal Service, as the case may be;
(B) state the nature of the conduct under investigation; 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, Sec. 4,
Jan. 2, 1975, 88 Stat. 1916; Pub. L. 94-525, Sec. 2, Oct. 17, 1976, 90
Stat. 2478; Pub. L. 95-360, Sept. 9, 1978, 92 Stat. 594; Pub. L. 98-186,
Sec. 2, Nov. 30, 1983, 97 Stat. 1315; Pub. L. 100-625, Sec. 2(c), Nov.
7, 1988, 102 Stat. 3205; Pub. L. 101-524, Sec. 2(b), Nov. 6, 1990, 104
Stat. 2302; Pub. L. 102-71, Sec. 2(2), July 10, 1991, 105 Stat. 330;
Pub. L. 106-168, title I, Secs. 104, 105(b)(2)(A), Dec. 12, 1999, 113
Stat. 1810, 1811.)
Amendments
1999--Subsec. (a). Pub. L. 106-168, Sec. 104, in two places, struck
out ``or'' after ``(h),'' and inserted ``, (j), or (k)'' after ``(i)''.
Subsec. (c). Pub. L. 106-168, Sec. 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 advertisements, 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, Sec. 2(a), added par. (3).
Subsec. (d). Pub. L. 98-186, Sec. 2(b), struck out ``or'' before
``(2)'', inserted ``or'' before ``(3)'', and inserted cl. (3) and
provision relating to applicability of cl. (3).
Subsec. (e). Pub. L. 98-186, Sec. 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 newspaper of
general circulation containing advertisements, 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,'' for ``a newspaper of general
circulation published in a State containing advertisements, lists of
prizes, or information concerning a lottery conducted by that State
acting under authority of State law,''.
1975--Subsec. (d). Pub. L. 93-583 added subsec. (d).
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 delivery 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.
Consumer Education Program on Schemes Involving False Representations
Section 4 of Pub. L. 98-186, as amended by Pub. L. 104-66, title II,
Sec. 2211(a), Dec. 21, 1995, 109 Stat. 732, provided that:
``(a) As soon as practicable after the date of enactment of this Act
[Nov. 30, 1983], the Postmaster General or his designee, following
consultation with representatives of the mail order industry, shall
develop and carry out a program designed to provide consumer education
to the public on schemes involving false representations through use of
the mails, including the dissemination of information on recognizing
practices commonly associated with such schemes, as well as appropriate
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 5 of the Inspector General Act of 1978 (5 U.S.C.
App.).''
Section Referred to in Other Sections
This section is referred to in sections 3007, 3012, 3013, 3016 of
this title.
