U.S. Code » Title 39 » Part PART IV— MAIL MATTER › Chapter CHAPTER 30— NONMAILABLE MATTER

39 U.S.C. § 3011

Judicial enforcement

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(a) Whenever the Postal Service believes that any person is mailing or causing to be mailed any sexually oriented advertisement in violation of section 3010 of this title, it may request the Attorney General to commence a civil action against such person in a district court of the United States. Upon a finding by the court of a violation of that section, the court may issue an order including one or more of the following provisions as the court deems just under the circumstances:(1) a direction to the defendant to refrain from mailing any sexually oriented advertisement to a specific addressee, to any group of addressees, or to all persons;(2) a direction to any postmaster to whom sexually oriented advertisements originating with such defendant are tendered for transmission through the mails to refuse to accept such advertisements for mailing; or(3) a direction to any postmaster at the office at which registered or certified letters or other letters or mail arrive, addressed to the defendant or his representative, to return the registered or certified letters or other letters or mail to the sender appropriately marked as being in response to mail in violation of section 3010 of this title, after the defendant, or his representative, has been notified and given reasonable opportunity to examine such letters or mail and to obtain delivery of mail which is clearly not connected with activity alleged to be in violation of section 3010 of this title.(b) The statement that remittances may be made to a person named in a sexually oriented advertisement is prima facie evidence that such named person is the principal, agent, or representative of the mailer for the receipt of remittances on his behalf. The court is not precluded from ascertaining the existence of the agency on the basis of any other evidence.(c) In preparation for, or during the pendency of, a civil action under subsection (a) of this section, a district court of the United States, upon application therefor by the Attorney General and upon a showing of probable cause to believe the statute is being violated, may enter a temporary restraining order or preliminary injunction containing such terms as the court deems just, including, but not limited to, provisions enjoining the defendant from mailing any sexually oriented advertisement to any person or class of persons, directing any postmaster to refuse to accept such defendant’s sexually oriented advertisements for mailing, and directing the detention of the defendant’s incoming mail by any postmaster pending the conclusion of the judicial proceedings. Any action taken by a court under this subsection does not affect or determine any fact at issue in any other proceeding under this section.(d) A civil action under this section may be brought in the judicial district in which the defendant resides, or has his principal place of business, or in any judicial district in which any sexually oriented advertisement mailed in violation of section 3010 has been delivered by mail according to the direction thereon.(e) Nothing in this section or in section 3010 shall be construed as amending, preempting, limiting, modifying, or otherwise in any way affecting section 1461 or 1463 of title 18 or section 3007 or 3008 of this title.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 750; Pub. L. 106–168, title I, § 105(b)(2)(B), Dec. 12, 1999, 113 Stat. 1811.)Editorial NotesAmendments

1999—Subsec. (e). Pub. L. 106–168 substituted “3007” for “3006, 3007,”.

Statutory Notes and Related SubsidiariesEffective Date of 1999 Amendment

Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

Effective Date

Section effective first day of sixth month which begins after Aug. 12, 1970, see section 15(b) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions
Cited in 9 cases, 1971–2007 · leading case: Hamling v. United States, 418 U.S. 87 (1974).
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Hamling v. United States, 418 U.S. 87 (1974). · cites it 2× “See 39 U. S. C. § 3011 (e). IV Petitioners' final contentions are directed at alleged procedural irregularities said to have occurred during the course of the trial.”
United States v. Hyman C. Slepicoff, D/B/A Graduate Enter., 524 F.2d 1244 (5th Cir. 1975). “39 U.S.C. § 3011 . Therefore, the district court’s exclusion of this evidence was proper.”
Bernas v. Cablevision Sys. Corp., 215 F. App'x 64 (2d Cir. 2007). “See 39 U.S.C. § 3011 . Unless some statute authorizes a general private right of action to enforce FCC regulations, there is none.”
Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y. 1971). “Provision for judicial enforcement of this statute is contained in 39 U.S.C. § 3011 , which authorizes the Attorney General to commence a civil action in a district court for an injunction on request of the Postal Service.”
John J. Leonard v. United States Postal Serv., Appeal of United States of Am., 489 F.2d 814 (1st Cir. 1974). “§ 3008 authorizes the Service to request the Attorney General to seek a district court order directing compliance with a Postal Service order prohibiting mailing of offensive matter to particular addressees, and 39 U.S.C. § 3011 provides that the Service “may request” the…”
United States v. Treatman, 408 F. Supp. 944 (C.D. Cal. 1976). · cites it 2× “Where a mailer has been found by a court to have violated § 3010, by sending such material to any person whose name has appeared on the list for at least 30 days, 39 U.S.C. § 3011 authorizes a district court to issue against the mailer various types of injunctive relief which…”
United States v. Toushin, 714 F. Supp. 1452 (M.D. Tenn. 1989). · cites it 2× “§ 3010 is for the Postal Service to request that the Attorney General institute a civil action against the sender pursuant to 39 U.S.C. § 3011 . The district court, upon finding a violation of 39 U.”
United States v. Treatman, 399 F. Supp. 258 (W.D. La. 1975). “3010 requires a person who mails or causes to be mailed any sexually oriented advertisement to mark the envelope as containing such and place his name on the envelope, and that people who desire not to receive such matter may place their names on a list maintained by the post…”
Constitutionality of Legislation Prohibiting the Mailing of Sexually Oriented Advertisements (OLC 1984). “1976), holding that enjoining a mailer from sending sexually ori­ ented advertisements to anyone who has not affirmatively requested the mate­ rial as a remedy under 39 U.S.C. § 3011 would be unconstitutional.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.