§3017 Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings

Summary

Promoters who send sweepstakes or skill-contest mailings must put a clear notice in each mailing that gives the address or a toll-free phone number for a system people can use to stop future mailings. Promoters must run that notification system so an individual or a duly authorized person (a guardian, conservator, or someone with power of attorney) can send a removal request to have their name and address taken off all lists that promoter uses. Definitions: "promoter" = the person who starts or causes the mailings; "removal request" = the request to be removed; "skill contest" and "sweepstakes" = as defined in section 3001(k). When a promoter gets a valid removal request, they must remove the person’s name and address from all their mailing lists within 60 calendar days. The opt-out stays in effect until the person writes to change it. Mailings to someone who has opted out are not mailable; the Postal Service will not deliver them. A person who still gets mailings can sue in state court to stop the mailings and to recover actual loss or $500 per violation, whichever is greater, and may get both an injunction and money. No one may sell or rent lists made from people who opted out for commercial use; violators face civil fines up to $2,000,000 per violation. A promoter is not liable if it received a removal request and reasonably believed it came from the correct person or an authorized person. Promoters who recklessly mail prohibited items may owe $10,000 per mailing to the United States, and failing to run the required notification system also creates liability. The Postal Service will assess penalties using its normal procedures.