39 U.S.C. § 404a

Specific limitations

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 39 CasesGoogle Scholar

(a) Except as specifically authorized by law, the Postal Service may not—(1) establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service;(2) compel the disclosure, transfer, or licensing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or(3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section.(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.(Added Pub. L. 109–435, title IV, § 403(a), Dec. 20, 2006, 120 Stat. 3226.)

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2013–2025 · leading case: Foster v. Pitney Bowes Corp., 549 F. App'x 982 (Fed. Cir. 2013).

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Foster v. Pitney Bowes Corp., 549 F. App'x 982 (Fed. Cir. 2013). · cites it 8× “§ 3662 requires an individual suing under 39 U.S.C. § 404a to satisfy certain procedural requirements that were not met here.”

Rapid Enter. v. United States Postal Serv. (D. Utah 2023). · cites it 5× “5 For the reasons set out below, this court DISMISSES Claim Four and Claims Six through Ten in their entirety, and the Motion is thereby GRANTED IN PART. However, this court concludes that it has jurisdiction to hear Claims One through Three and Claim Five to the extent that…”

Frederick Foster v. (3rd Cir. 2023). “January 26, 2023 Before: AMBRO*, KRAUSE, and PORTER, Circuit Judges (Opinion filed: February 13, 2023) _________ OPINION* _________ PER CURIAM In November 2011, Petitioner Frederick Foster brought a civil action against the United States Postal Service (USPS), Pitney-Bowes, and…”

Rapid Enter., LLC v. United States Postal Serv. (10th Cir. 2025). “§ 404a, which restricts the Postal Service’s ability to establish rules precluding competition and prohibits it from offering services based on information obtained without consent. See id. at § 404a(a)(1) & (3). In turn, section 3662 of Title 39 of the United States Code…”

— 39 U.S.C. § 404a(a)(3) — 2 cases

Foster v. Pitney Bowes Corp., 549 F. App'x 982 (Fed. Cir. 2013). “§ 3662 requires an individual suing under 39 U.S.C. § 404a to satisfy certain procedural requirements that were not met here.”

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