Page:United States Statutes at Large Volume 84 Part 1.djvu/807

 84 STAT.]

749

PUBLIC LAW 91-375-AUG. 12, 1970

" (h) The provisions of subchapter II of chapter 5, relating to administrative procedure, and chapter 7, rehiting to judicial review, of title 5, shall not apply to any provisions of this section. " (i) For purposes of this section— "(1) mail matter, directed to a specific address covered in the order of the Postal Service, without designation of a specific addressee thereon, shall be considered as addressed to the person named in the Postal Service's order; and " (2) the term 'children' includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relationship. "§ 3009. Mailing of unordered merchandise " (a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of commun'cations prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15. " (b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit w ithout any obligation whatvsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any bligation whatsoever to the sender. "(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. " (d) For the purposes of this section, 'unordered merchandise' means merchandise mailed without the prior expressed request or consent of the recipient. "§ 3010. Mailing of sexually oriented advertisements " (a) Any person who mails or causes to be mailed any sexually oriented advertisement shall place on the envelope or cover thereof his name and address as the sender thereof and such mark or notice as the Postal Service may prescribe. "(b) Any person, on his own behalf or on the behalf of any of his children who has not attained the age of 19 years and who resides with him or is under his care, custody, or supervision, may file with the Postal Service a statement, in such form and manner as the Postal Service may prescribe, that he desires to receive no sexually oriented advertisements through the mails. The Postal Service shall maintain and keep current, insofar as practicable, a list of the names and addresses of such persons and shall make the list (including portions thereof or changes therein) available to any person, upon such reasonable terms and conditions as it may prescribe, including the payment of such service charge as it determines to be necessary to defray the cost of compiling and maintaining the list and making it available as provided in this sentence. No person shall mail or cause to be mailed any sexually oriented advertisement to any individual whose name and address has been on the list for more than 30 days. " (c) No person shall sell, lease, lend, exchange, or license the use of, or, except for the purpose expressly authorized by this section, use

80 Stat. 381, 392. 5 USC 551, 7 0 1.

'Children.

Unfair trade practice.

66 Stat. 632. Recipient, relief from any obligation.

B i l l s or dunning communicat i o n s, prohibition.

"Unordered merchandise."

Identity of sender.

Minor children.

L i s t, maintenance.

List, sale, prohibition.

�