Page:United States Statutes at Large Volume 113 Part 3.djvu/297

 PUBLIC LAW 106-168—DEC. 12, 1999 113 STAT. 1815 "(C) states that the notification system may be used to prohibit the mailing of all skill contests or sweepstakes by that promoter to such individual. "(2) NOTIFICATION SYSTEM. —Any promoter that mails or causes to be mailed a skill contest or sweepstakes shall establish and maintain a notification system that provides for any individual (or other duly authorized person) to notify the system of the individual's election to have the name and address of the individual excluded from all lists of names and addresses used by that promoter to mail any skill contest or sweepstakes. " (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 later than 60 calendar days Deadline, 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. " (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(1) 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. "(f) PROMOTER NONLIABILITY.— A promoter shall not be subject to civil liability for the exclusion of an individual's name or address

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