§ 3005.
False Representations;
Lotteries
(a) Upon evidence
satisfactory to the Postal Service that any person is
engaged in conducting a scheme or device for obtaining money
or property through the mail by means of false
representations, including the mailing of matter which is
nonmailable under (FOOTNOTE 1) 3001(d), (h), or (i) of this
title, or is engaged in conducting a lottery, gift
enterprise, or scheme for the distribution of money or of
real or personal property, by lottery, chance, or drawing of
any kind, the Postal Service may issue an order which
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(FOOTNOTE 1) So in original. Probably
should be followed by "section".
(1) directs the postmaster of the post
office at which mail arrives, addressed to such a person or
to his representative, to return such mail to the sender
appropriately marked as in violation of this section, if the
person, or his representative, is first notified and given
reasonable opportunity to be present at the receiving post
office to survey the mail before the postmaster returns the
mail to the sender;
(2) forbids the payment by a postmaster
to the person or his representative of any money order or
postal note drawn to the order of either and provides for
the return to the remitter of the sum named in the money
order or postal note; and
(3) requires the person or his
representative to cease and desist from engaging in any such
scheme, device, lottery, or gift enterprise.
For purposes of the preceding sentence,
the mailing of matter which is nonmailable under such
(FOOTNOTE 1) 3001(d), (h), or (i) by any person shall
constitute prima facie evidence that such person is engaged
in conducting a scheme or device for obtaining money or
property through the mail by false representations.
(b) The public advertisement by a person engaged in
activities covered by subsection (a) of this section, that
remittances may be made by mail to a person named in the
advertisement, is prima facie evidence that the latter is
the agent or representative of the advertiser for the
receipt of remittances on behalf of the advertiser. The
Postal Service may ascertain the existence of the agency in
any other legal way satisfactory to it.
(c) As used in this section and section 3006 of this
title, the term "representative" includes an agent or
representative acting as an individual or as a firm, bank,
corporation, or association of any kind.
(d) Nothing in this section shall prohibit the
mailing of (1) publications containing advertisements, lists
of prizes, or information concerning a lottery, which are
exempt, pursuant to section 1307 of title 18 of the United
States Code, from the provisions of sections 1301, 1302,
1303, and 1304 of title 18 of the United States Code, (2)
tickets or other materials concerning such a lottery within
that State to addresses within that State, or (3) an
advertisement promoting the sale of a book or other
publication, or a solicitation to purchase, or a purchase
order for any such publication, if (A) such advertisement,
solicitation, or purchase order is not materially false or
misleading in its description of the publication; (B) such
advertisement, solicitation, or purchase order contains no
material misrepresentation of fact: Provided, however, That
no statement quoted or derived from the publication shall
constitute a misrepresentation of fact as long as such
statement complies with the requirements of subparagraphs
(A) and (C); and (C) the advertisement, solicitation, or
purchase order accurately discloses the source of any
statements quoted or derived from the publication. Paragraph
(3) shall not be applicable to any publication,
advertisement, solicitation, or purchase order which is used
to sell some other product in which the publisher or author
has a financial interest as part of a commercial scheme. For
the purposes of this subsection, "State" means a State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession
of the United States.
(e) (1) In conducting an investigation to determine
if a person is engaged in any of the activities covered by
subsection (a) of this section, the Postmaster General (or
any duly authorized agent of the Postmaster General) may
tender, at any reasonable time and by any reasonable means,
the price advertised or otherwise requested for any article
or service that such person has offered to provide through
the mails.
(2) A failure to provide the article or
service offered after the Postmaster General or his agent
has tendered the price advertised or otherwise requested in
the manner described in paragraph (1) of this subsection,
and any reasons for such failure, may be considered in a
proceeding held under section 3007 of this title to
determine if there is probable cause to believe that a
violation of this section has occurred.
(3) The Postmaster General shall
prescribe regulations under which any individual seeking to
make a purchase on behalf of the Postal Service under this
subsection from any person shall -
(A) identify himself as an employee or authorized agent of
the Postal Service, as the case may be;
(B) state the nature of the conduct under investigation;
and
(C) inform such person that the failure to complete the
transaction may be considered in a proceeding under section
3007 of this title to determine probable cause, in
accordance with paragraph (2) of this subsection.
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