Deceptive Mail Prevention and Enforcement Act

Deceptive Mail Prevention and Enforcement Act
Short Title	Deceptive Mail Prevention and Enforcement Act
Official Text	Deceptive Mail Prevention and Enforcement Act
Country/Jurisdiction	United States
State or Province
Regulatory Bodies	Senate - Governmental Affairs, House - Government Reform
Date Enacted
Scope of the Law
Information
Taxonomy	Appropriation, Decisional Interference
Strategies

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Section 3001 of title 39, United States Code was amended by the Deceptive Mail Prevention and Enforcement Act. The Act provides individuals to choose whether the name and address of individuals may opt-out without any third-party pressure.

Text of the law

SEC. 108. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES MAILINGS.Harms=Decisional Interference

(d) Election To Be Excluded From Lists.--

``(1) In general.--An individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists of names and addresses used by a promoter of skill contests or sweepstakes by submitting a removal request to the notification system established under subsection (c).

``(2) Response after submitting removal request to the notification system.--Not <<NOTE: Deadline.>>  later than 60 calendar days after a promoter receives a removal request pursuant to an election under paragraph (1), the promoter shall exclude the individual's name and address from all lists of names and addresses used by that promoter to select recipients for any skill contest or sweepstakes.

``(3) Effectiveness of election.--An election under paragraph (1) shall remain in effect, unless an individual (or

other duly authorized person) notifies the promoter in writing that such individual--

``(A) has changed the election; and

`(B) elects to receive skill contest or sweepstakes mailings from that promoter.

``(g) Prohibition on Commercial Use of Lists.--

``(1) In general.--

``(A) Prohibition.--No person may provide any information (including the sale or rental of any name or address) derived from a list described in subparagraph

(B) to another person for commercial use.

``(B) Lists.--A list referred to under subparagraph (A) is any list of names and addresses (or other related information) compiled from individuals who exercise an election under subsection (d).

``(2) Civil penalty.--Any person who violates paragraph (1) shall be assessed a civil penalty by the Postal Service not to exceed $2,000,000 per violation.

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Text of Law

Sec.107-``(d) Disclosure.--Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5, United States Code..Sec.108-(e) Private Right of Action.-- ``(1) In general.--An individual who receives one or more mailings in violation of subsection (d) may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. It shall be an affirmative defense in any action brought under this subsection that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent mailings in violation of subsection (d). If the court finds that the defendant willfully or knowingly violated subsection (d), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). ``(2) Action allowable based on other sufficient notice.--A mailing sent in violation of section 3001(l) shall be actionable under this subsection, but only if such an action would not also be available under paragraph (1) (as a violation of subsection (d)) based on the same mailing.

Related harms under the Solove Taxonomy: Disclosure

Scope of the Law Individual