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Statutory Remedies
There are two federal laws you can use to help protect yourself and your eligible children against unsolicited sexually oriented advertisements. This publication is designed to help you understand and use statutory remedies.
Title 39, United States Code, Section 3008 authorizes the Postal Service™ to issue a prohibitory order against a mailer who sends you an advertisement offering to sell any matter that you, in your own discretion, believe to be “erotically arousing or sexually provocative.” You can request the order by completing the relevant portion of PS Form 1500, Application for Listing and/or Prohibitory Order, and submitting it to any Post Office™. The form is available at your local Post Office. Thirty days after receiving the order, the mailer is prohibited from sending you any further mail. Violating this prohibition makes the mailer subject to court enforcement action by the United States Government. You may also have any of your minor children who are under 19 years old and residing with you protected by the prohibitory order.
Title 39, United States Code, Section 3010 authorizes the Postal Service to keep a list of persons who inform us they do not wish to receive sexually oriented advertisements through the mail. You can add your name and address to this list by filling out the relevant portion of the PS Form 1500 and submitting it to any Post Office. When your name and address have been on the list more than 30 days, it is unlawful for anyone to mail you a sexually oriented advertisement. Mailers who violate your protected status make themselves subject to court enforcement action by the United States Government. You can also have any of your children under 19 years old who reside with you or are under your care, custody, or supervision included on the list.
What should I do if the mailer does not obey the prohibitory order?
If you get mail that appears to have been sent in violation of the prohibitory order, open it and write clearly on the envelope and all its contents a statement that you received it and the date of receipt (39 USC 3008). For example, an addressee receiving such mail on January 5, 2008, would write, “I received this mailpiece on January 5, 2008.” Apply your signature below your statement. Include a photocopy of your prohibitory order, if possible, or a notation of the order number and send the mailpiece to:
PRICING AND CLASSIFICATION SERVICE CENTER
PO BOX 1500
NEW YORK NY 10008-1500
What should I do if I get a sexually oriented advertisement mailed when my name and address have been listed more than 30 days?
If you receive a sexually oriented advertisement mailed to you in apparent violation of your protected status, open it and write clearly on the envelope and all its contents a statement that you received it and the date of receipt. For example, if you got the mailpiece on January 15, 2008, write “I received this mailpiece on January 15, 2008.” Then affix your signature below your statement, include a notation of your Application for Listing case number, and send the mailpiece to the Pricing and Classification Service Center at the address listed above.
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