[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3017]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 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 described 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 request stating that an
individual elects to have the name and address of such individual
excluded 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 section 3001(k); and
(4) the term ``duly authorized person'', as used in connection
with an individual, means a conservator or guardian of, or person
granted 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 Service directs.
(2) Nonmailable matter described.--Matter described in this
paragraph is any matter that--
(A) is a skill contest or sweepstakes, except 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 telephone number of
the notification system established 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 promoter to such individual.
(2) Notification system.--Any promoter that mails or causes to
be mailed a skill contest or sweepstakes shall establish and
maintain a notification system that provides for any individual (or
other duly authorized person) 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 name and address of that individual from
all lists of names and addresses used by a promoter of skill
contests or sweepstakes by submitting a removal request to the
notification system established under subsection (c).
(2) Response after submitting removal request to the
notification system.--Not later than 60 calendar days after a
promoter receives a removal request pursuant to an election 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, unless 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 sweepstakes mailings
from that promoter.
(e) Private Right of Action.--
(1) In general.--An individual who receives one or more mailings
in violation of subsection (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 monetary 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 defendant 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
defendant willfully or knowingly violated subsection (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 sufficient 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 promoter'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 subparagra
