Home > 106th Congressional Bills > H.R. 170 (ih) To require certain notices in any mailing using a game of chance for the promotion of a product or service, and for other purposes. [Introduced in House] ...H.R. 170 (ih) To require certain notices in any mailing using a game of chance for the promotion of a product or service, and for other purposes. [Introduced in House] ...
106th CONGRESS
1st Session
H. R. 170
_______________________________________________________________________
AN ACT
To require certain notices in any mailing using a game of chance for
the promotion of a product or service, and for other purposes.
106th CONGRESS
1st Session
H. R. 170
_______________________________________________________________________
AN ACT
To require certain notices in any mailing using a game of chance for
the promotion of a product or service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Mail Prevention and
Enforcement Act''.
SEC. 2. RESTRICTIONS ON MAILINGS USING MISLEADING REFERENCES TO THE
UNITED STATES GOVERNMENT.
Section 3001 of title 39, United States Code, is amended--
(1) in subsection (h)--
(A) in the first sentence by striking ``contains a
seal, insignia, trade or brand name, or any other term
or symbol that reasonably could be interpreted or
construed as implying any Federal Government
connection, approval or endorsement'' and inserting the
following: ``which reasonably could be interpreted or
construed as implying any Federal Government
connection, approval, or endorsement through the use of
a seal, insignia, reference to the Postmaster General,
citation to a Federal statute, name of a Federal
agency, department, commission, or program, trade or
brand name, or any other term or symbol; or contains
any reference to the Postmaster General or a citation
to a Federal statute that misrepresents either the
identity of the mailer or the protection or status
afforded such matter by the Federal Government''; and
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and''
at the end;
(ii) in subparagraph (B) by striking ``or''
at the end and inserting ``and''; and
(iii) by inserting after subparagraph (B)
the following:
``(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected by any
purchase or nonpurchase; or'';
(2) in subsection (i) in the first sentence--
(A) in the first sentence by striking ``contains a
seal, insignia, trade or brand name, or any other term
or symbol that reasonably could be interpreted or
construed as implying any Federal Government
connection, approval or endorsement'' and inserting the
following: ``which reasonably could be interpreted or
construed as implying any Federal Government
connection, approval, or endorsement through the use of
a seal, insignia, reference to the Postmaster General,
citation to a Federal statute, name of a Federal
agency, department, commission, or program, trade or
brand name, or any other term or symbol; or contains
any reference to the Postmaster General or a citation
to a Federal statute that misrepresents either the
identity of the mailer or the protection or status
afforded such matter by the Federal Government''; and
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and''
at the end;
(ii) in subparagraph (B) by striking ``or''
at the end and inserting ``and''; and
(iii) by inserting after subparagraph (B)
the following:
``(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected by any
contribution or noncontribution; or'';
(3) by redesignating subsections (j) and (k) as subsections
(m) and (n), respectively; and
(4) by inserting after subsection (i) the following:
``(j)(1) Any matter otherwise legally acceptable in the mails which
is described in paragraph (2) is nonmailable matter, shall not be
carried or delivered by mail, and shall be disposed of as the Postal
Service directs.
``(2) Matter described in this paragraph is any matter that--
``(A) constitutes a solicitation for the purchase of or
payment for any product or service that--
``(i) is provided by the Federal Government; and
``(ii) may be obtained without cost from the
Federal Government; and
``(B) does not contain a clear and conspicuous statement
giving notice of the information set forth in clauses (i) and
(ii) of subparagraph (A).''.
SEC. 3. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS.
Section 3001 of title 39, United States Code, is amended by
inserting after subsection (j) (as added by section 2(4) of this Act)
the following:
``(k)(1) In this subsection--
``(A) the term `clearly and conspicuously displayed' means
presented in a manner that is readily noticeable, readable, and
understandable to the group to whom the applicable matter is
disseminated;
``(B) the term `facsimile check' means any matter that--
``(i) is designed to resemble a check or other
negotiable instrument; but
``(ii) is not negotiable;
``(C) the term `skill contest' means a puzzle, game,
competition, or other contest in which--
``(i) a prize is awarded or offered;
``(ii) the outcome depends predominately on the
skill of the contestant; and
``(iii) a purchase, payment, or donation is
required or implied to be required to enter the
contest; and
``(D) the term `sweepstakes' means a game of chance for
which no consideration is required to enter.
``(2) Except as provided in paragraph (4), any matter otherwise
legally acceptable in the mails which is described in paragraph (3) is
nonmailable matter, shall not be carried or delivered by mail, and
shall be disposed of as the Postal Service directs.
``(3) Matter described in this paragraph is any matter that--
``(A)(i) includes entry materials for a sweepstakes or a
promotion that purports to be a sweepstakes; and
``(ii)(I) does not contain a statement that discloses in
the mailing, in the rules, and on the order or entry form, that
no purchase is necessary to enter such sweepstakes;
``(II) does not contain a statement that discloses in the
mailing, in the rules, and on the order or entry form, that a
purchase will not improve an individual's chances of winning
with such entry;
``(III) does not state all terms and conditions of the
sweepstakes promotion, including the rules and entry procedures
for the sweepstakes;
``(IV) does not disclose the sponsor or mailer of such
matter and the principal place of business or an address at
which the sponsor or mailer may be contacted;
``(V) does not contain sweepstakes rules that state--
``(aa) the estimated odds of winning each prize;
``(bb) the quantity, estimated retail value, and
nature of each prize; and
``(cc) the schedule of any payments made over time;
``(VI) represents that individuals not purchasing products
or services may be disqualified from receiving future
sweepstakes mailings;
``(VII) requires that a sweepstakes entry be accompanied by
an order or payment for a product or service previously
ordered;
``(VIII) represents that an individual is a winner of a
prize unless that individual has won such prize; or
``(IX) contains a representation that contradicts, or is
inconsistent with sweepstakes rules or any other disclosure
required to be made under this subsection, including any
statement qualifying, limiting, or explaining the rules or
disclosures in a manner inconsistent with such rules or
disclosures;
``(B)(i) includes entry materials for a skill contest or a
promotion that purports to be a skill contest; and
``(ii)(I) does not state all terms and conditions of the
skill contest, including the rules and entry procedures for the
skill contest;
``(II) does not disclose the sponsor or mailer of the skill
contest and the principal place of business or an address at
which the sponsor or mailer may be contacted; or
``(III) does not contain skill contest rules that state, as
applicable--
``(aa) the number of rounds or levels of the
contest and the cost to enter each round or level;
``(bb) that subsequent rounds or levels will be
more difficult to solve;
``(cc) the maximum cost to enter all rounds or
levels;
``(dd) the estimated number or percentage of
entrants who may correctly solve the skill contest or
the approximate number or percentage of entrants
correctly solving the past 3 skill contests conducted
by the sponsor;
``(ee) the identity or description of the
qualifications of the judges if the contest is judged
by other than the sponsor;
``(ff) the method used in judging;
``(gg) the date by which the winner or winners will
be determined and the date or process by which prizes
will be awarded;
``(hh) the quantity, estimated retail value, and
nature of each prize; and
``(ii) the schedule of any payments made over time;
or
``(C) includes any facsimile check that does not contain a
statement on the check itself that such check is not a
negotiable instrument and has no cash value.
``(4) Matter that appears in a magazine, newspaper, or other
periodical shall be exempt from paragraph (2) if such matter--
``(A) is not directed to a named individual; or
``(B) does not include an opportunity to make a payment or
order a product or service.
``(5) Any statement, notice, or disclaimer required under paragraph
(3) shall be clearly and conspicuously displayed. Any statement,
notice, or disclaimer required under subclause (I) or (II) of paragraph
(3)(A)(ii) shall be displayed more conspicuously than would otherwise
be required under the preceding sentence.
``(6) In the enforcement of paragraph (3), the Postal Service shall
consider all of the materials included in the mailing and the material
and language on and visible through the envelope or outside cover or
wrapper in which those materials are mailed.
``(l)(1) Any person who uses the mails for any matter to which
subsection (h), (i), (j), or (k) applies shall adopt reasonable
practices and procedures to prevent the mailing of such matter to any
person who, personally or through a conservator, guardian, or
individual with power of attorney--
``(A) submits to the mailer of such matter a written
request that such matter should not be mailed to such person;
or
``(B)(i) submits such a written request to the attorney
general of the appropriate State (or any State government
officer who transmits the request to that attorney general);
and
``(ii) that attorney general transmits such request to the
mailer.
``(2) Any person who mails matter to which subsection (h), (i),
(j), or (k) applies shall maintain or cause to be maintained a record
of all requests made under paragraph (1). The records shall be
maintained in a form to permit the suppression of an applicable name at
the applicable address for a 5-year period beginning on the date the
written request under paragraph (1) is submitted to the mailer.''.
SEC. 4. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS.
Section 3005(a) of title 39, United States Code, is amended--
(1) by striking ``or'' after ``(h),'' each place it
appears; and
(2) by inserting ``, (j), or (k)'' after ``(i)'' each place
it appears.
SEC. 5. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS.
(a) In General.--Section 3007 of title 39, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a)(1) In preparation for or during the pendency of proceedings
under section 3005, the Postal 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 preliminary injunction under the
procedural requirements 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
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