§ 3008. — Prohibition of pandering advertisements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3008]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3008. Prohibition of pandering advertisements
(a) Whoever for himself, or by his agents or assigns, mails or
causes to be mailed any pandering advertisement which offers for sale
matter which the addressee in his sole discretion believes to be
erotically arousing or sexually provocative shall be subject to an order
of the Postal 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, determined 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 sender 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 expressly prohibit the
sender and his agents or assigns 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 mailing lists bearing the names of the designated addressees.
(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
appropriate hearing if requested by the sender, and without a hearing if
such a hearing is not requested, thereafter determines that the order
given has been or is being violated, it is authorized to request the
Attorney General to make application, and the Attorney General is
authorized to make application, to a district court of the United States
for an order directing compliance with such notice.
(e) Any district court of the United States within the jurisdiction
of which any mail matter shall have been sent or received in violation
of the order provided for by this section shall have jurisdiction, upon
application by the Attorney 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
presumption that such mail was sent after such effective 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.
(h) The provisions of subchapter II of chapter 5, relating to
administrative procedure, and chapter 7, relating to judicial review, of
title 5, shall not apply to any provisions of this section.
(i) For purposes of this section--
(1) mail matter, directed to a specific address covered in the
order of the Postal Service, without designation of a specific
addressee thereon, shall be considered as addressed to the person
named in the Postal Service's order; and
(2) the term ``children'' includes natural children,
stepchildren, adopted children, and children who are wards of or in
custody of the addressee or who are living with such addressee in a
regular parent-child relationship.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 748.)
Section Referred to in Other Sections
This section is referred to in section 3011 of this title; title 18
section 1737.
