Page:United States Statutes at Large Volume 97.djvu/1347

 PUBLIC LAW 98-186—NOV. 30, 1983 97 STAT. 1315 Public Law 98-186 98th Congress An Act To amend title 39, United States Code, to strengthen the investigatory and enforce- ment powers of the Postal Service by authorizing certain inspection authority and by providing for civil penalties for violations of orders under section 3005 of such title (pertaining to schemes for obtaining money by false representations or lotter- ies), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Mail Order Consumer Protection Amendments of 1983". CEASE-AND-DESIST ORDERS; MIRROR IMAGE DOCTRINE; TEST PURCHASE AUTHORITY SEC. 2. (a) Section 3005(a) of title 39, United States Code, is amended— (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof; and"; and (3) by inserting after paragraph (2) the following new paragraph: "(3) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise.". Q)) The first sentence of section 3005(d) of such title is amended— (1) by striking out "or" before "(2)"; and (2) by inserting before the period a comma and "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 fedse or misleading in its description of the publication; (B) such advertisement, solicitation, or pur- chase 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 sub- paragraphs (A) and (C); and (C) the advertisement, solicitation, or purchase order accurately discloses the source of any state- ments quoted or derived from the publication. Paragraph (3) shall not be applicable to any publication, advertisement, solici- tation, or purchase order which is used to sell some other product in which the publisher or author has a financial inter- est as part of a commercial scheme". (c) Section 3005 of such title is amended by adding at the end thereof the following new subsection: "(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 Nov. 30, 1983 [S. 450] Mail Order Consumer Protection Amendments of 1983. 39 USC 3001 note.

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