§3017 Nonmailable Skill Contests or Sweepstakes Matter; Notification to Prohibit Mailings

Summary

Promoters who send out sweepstakes or skill‑contest mailings must give people a clear, easy‑to‑see statement with each mailing. That statement must include the address or a toll‑free phone number of a notification system and must say that people can use the system to stop that promoter from mailing them any future sweepstakes or contests. Promoters must run and keep a notification system that lets a person or that person’s guardian, conservator, or power of attorney send a removal request to have their name and address taken off the promoter’s mailing lists. If a promoter gets a removal request, the promoter must remove the person’s name and address from all its mailing lists within 60 calendar days. The opt‑out stays in effect until the person or their authorized representative writes to the promoter to change it. Sweepstakes or contest mailings that are sent to someone who opted out, or that don’t include the required statement, are not mailable and must not be delivered. A person who still gets such mailings may sue in state court to stop the mailings and to recover actual money lost or $500 for each violation, whichever is greater. A promoter who honestly believes a removal request came from the correct person or an authorized representative is protected from liability for removing a name. No one may sell or give out lists made from people who opted out for commercial use; violators can be fined up to $2,000,000 per violation. Promoters who recklessly mail nonmailable contest material can be fined $10,000 per mailing, and the Postal Service will enforce penalties using its normal procedures.