Page:United States Statutes at Large Volume 113 Part 3.djvu/292

 113 STAT. 1810 PUBLIC LAW 106-168—DEC. 12, 1999 "(5) Any statement, notice, or disclaimer required under paragraph (3) shall be clearly and conspicuously displayed. Any statement, notice, or disclaimer required under subclause (I) or (II) of paragraph (3)(A)(ii) shall be displayed more conspicuously than would otherwise be required under the preceding sentence. "(6) In the enforcement of paragraph (3), the Postal Service shall consider all of the materials included in the mailing and the material and language on and visible through the envelope or outside cover or wrapper in which those materials are mailed. "(1)(1) Any person who uses the mails for any matter to which subsection (h), (i), (j)> or (k) applies shall adopt reasonable practices and procedures to prevent the mailing of such matter to any person who, personally or through a conservator, guardian, or individual with power of attorney— "(A) submits to the mailer of such matter a written request that such matter should not be mailed to such person; or "(B)(i) submits such a written request to the attorney general of the appropriate State (or any State government officer who transmits the request to that attorney general); and "(ii) that attorney general transmits such request to the mailer. "(2) Any person who mails matter to which subsection (h), (i), (j), or (k) applies shall maintain or cause to be maintained a record of all requests made under paragraph (1). The records shall be maintained in a form to permit the suppression of an applicable name at the applicable address for a 5-year period beginning on the date the written request under paragraph (1) is submitted to the mailer.". SEC. 104. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS. Section 3005(a) of title 39, United States Code, is amended— (1) by striking "or" after "(h)," each place it appears; and (2) by inserting ", 0), or (k)" after "(i)" each place it appears. SEC. 105. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAIUNGS. (a) IN GENERAL.— Section 3007 of title 39, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking subsection (a) and inserting the following: "(a)(1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporsiry restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure. "(2)(A) Upon a proper showing, the court shall enter an order which shall— "(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and "(ii) direct the detention by the postmaster, in any and all districts, of the defendant's incoming mail and outgoing

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