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United States · Law · S

S. 335 (106th)

Deceptive Mail Prevention and Enforcement Act

enactedUnited States· United States Congress· EN

Introduced

3 February 1999

Last action

—

Status

Became Public Law No: 106-168.

Sponsors

—

Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Deceptive Mail Prevention and Enforcement Act - Amends Federal postal law to prohibit the use of any reference to the Postmaster General, a citation to Federal statute, or implication that nonmailable matter is afforded any special protections or status by the Federal Government if such matter constitutes a solicitation by a non-governmental entity for: (1) the purchase of or payment for products or services and containing a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; or (2) information or the contribution of funds or membership fees and containing such terms or symbols which could reasonably be interpreted or construed in the same manner. Allows the mailing of such matter if it does not contain a statement that implies that Federal Government benefits or services will be affected by any purchase, nonpurchase, response, or non-response to such matter. (Sec. 2) Declares that matter otherwise legally acceptable in the mails is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs if such matter constitutes a solicitation for the purchase of any products that is federally produced, may be obtained without cost from the Federal Government, and does not contain a statement giving notice of such information. Requires the Postal Service to regulate the manner in which such statement should be displayed. (Sec. 3) Prohibits matter otherwise legally acceptable in the mails that relates to a sweepstakes, prize promotion, or award that does not meet specified Postal Service requirements from being carried or delivered by mail. Allows it to be disposed of as the Postal Service directs. Requires persons who: (1) use the mails for any matter that contains sweepstakes entry materials to adopt reasonable practices and procedures to prevent the mailing of such materials to persons who submit written requests that such materials should not be mailed to them; and (2) mail such solicitation materials to maintain or cause to be maintained records of all such requests that permit the suppression of the names of such requesters for a five-year period beginning on the date of the written requests. (Sec. 4) Makes postal law sanctions involving false representations and lotteries applicable to deceptive mailings under this Act. (Sec. 5) Allows the Postal Service to apply for a temporary restraining order and preliminary injunctions in the preparation for or during the pendency of proceedings concerning deceptive mailings. (Sec. 6) Increases civil penalties for violation of current postal law sanctions and establishes civil penalties for violation of this Act. (Sec. 7) Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter.

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Documents

18 official files

Enrolled Bill (text)

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