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

Summary

Stops people who run skill contests or sweepstakes from mailing them to someone who asked not to get them. A "promoter" is someone who starts and sends (or causes to be sent) those mailings (except items listed in section 3001(k)(4)). A "removal request" is a request asking to have a name and address taken off the promoter’s lists. "Skill contest", "sweepstakes", and "clearly and conspicuously displayed" are defined in section 3001(k). A "duly authorized person" is a guardian, conservator, or someone with power of attorney. If a contest or sweepstakes is sent to someone who has asked to be excluded, or if it does not include the required notice, the Postal Service must not deliver it and will dispose of it. Promoters must put a clear statement with each mailing that gives the address or a toll-free number for a notification system people can use to opt out of all mailings from that promoter. Promoters must run that system and, within 60 calendar days after getting a removal request, remove the person’s name and address from all their lists. The opt-out stays in place until the person or authorized person writes to change it. If someone still gets mail after opting out, they can sue in state court for an order to stop it and for money equal to actual loss or $500 per violation, whichever is greater; courts can triple damages if the violation was willful. Promoters who reasonably rely on a genuine removal request are not liable for removing names. No one may sell or give lists of opt-outs for commercial use; violations can bring civil fines up to $2,000,000 per violation. Reckless mailings of nonmailable matter can cost a promoter $10,000 per violation, and the Postal Service enforces penalties under section 3012(b). A mailing that breaks section 3001(l) can also be acted on here, but only if it wouldn’t already be covered by the opt-out rule for that same mailing.