§ 3011. — Judicial enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3011]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3011. Judicial enforcement
(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,
Sec. 105(b)(2)(B), Dec. 12, 1999, 113 Stat. 1811.)
Amendments
1999--Subsec. (e). Pub. L. 106-168 substituted ``3007'' for ``3006,
3007,''.
Effective 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.
