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S 450 - 98

Mail Order Consumer Protection Amendments of 1983

Became Public Law No: 98-186.

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Summary

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended) Mail Order Consumer Protection Amendments of 1983 - Authorizes the United States Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Authorizes the Postmaster General, in conducting an investigation to determine whether a person is engaged in such prohibited activity, to tender the price requested for an article or service offered through the mail. Declares that failure to provide an article or service after the price is tendered by the Postal Service may be considered in a hearing to determine if there is probable cause to believe that a prohibited activity has occurred. Sets forth provisions governing the conduct of a person tendering an offer on behalf of the Postal Service. Declares that mailing an advertisement promoting the sale of a publication or a solicitation to purchase, or a purchase order for, such a publication is not prohibited if: (1) the advertisement, solicitation, or purchase order is not false or misleading and contains no material misrepresentation of fact; (2) the advertisement, solicitation, or purchase order discloses the source of any statements derived from or about the publication; and (3) the publication, advertisement, solicitation, or purchase order is not used to sell some other product in which the publisher or author has a financial interest as part of a commercial scheme. Establishes a civil penalty that may be assessed against any person who: (1) attempts to evade an order directing a postmaster to return mail addressed to such person or prohibiting a postmaster from paying a money order from, or to, such person; (2) fails to comply with a cease and desist order; or (3) assists any person to evade or not to comply with any such order. Authorizes the Postal Service to commence a civil action to enforce such a penalty in the U.S. district court for the district in which the defendant resides or receives mail. Entitles such a defendant to seek judicial review of the order issued. Requires the Postmaster General to submit semiannual reports on the investigative activities of the Postal Service to the Board of Governors of the Postal Service. Directs the Board to transmit such reports, upon approval, to Congress. Directs the Postmaster General to conduct and report to Congress on a program to educate consumers concerning schemes involving false representations through the mail.

00 Introduced in Senate Apr 4, 2004

Mail Order Consumer Protection Amendments of 1983 - Authorizes the United States Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Authorizes the Postmaster General, in conducting an investigation to determine whether a person is engaged in such prohibited activity, to tender the price requested for an article or service offered through the mail. Declares that failure to provide an article or service after the price is tendered by the Postal Service may be considered in a hearing to determine if there is probable cause to believe that a prohibited activity has occurred. Sets forth provisions governing the conduct of a person tendering an offer on behalf of the Postal Service. Declares that mailing an advertisement promoting the sale of a publication or a solicitation to purchase, or a purchase order for, such a publication is not prohibited if: (1) the advertisement is not false or misleading and contains no material misrepresentations of fact; (2) the advertisement discloses the source of any statements derived from or about the publication; and (3) neither the advertisement nor the publication is designed to promote the sale of another product as part of a commercial scheme. Establishes a civil penalty to be assessed against any person who: (1) attempts to evade an order directing a postmaster to return mail addressed to such person or prohibiting a postmaster from paying a money order from, or to, such person; (2) fails to comply with a cease and desist order; or (3) assists any person to evade or not to comply with any such order. Authorizes the Postal Service to commence a civil action in the appropriate U.S. district court to enforce such a penalty. Requires the Postmaster General to submit semiannual reports on the investigative activities of the Postal Service to the Board of Governors of the Postal Service. Directs the Board to transmit such reports, upon approval, to Congress. Directs the Postmaster General to conduct and report to Congress on a program to educate consumers concerning schemes involving false representations through the mail.

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Timeline

Nov 30, 1983

Signed by President.

Nov 30, 1983

Signed by President.

Nov 30, 1983

Became Public Law No: 98-186.

Nov 30, 1983

Became Public Law No: 98-186.

Nov 21, 1983

Presented to President.

Nov 21, 1983

Presented to President.

Nov 18, 1983

Measure Signed in Senate.

Nov 16, 1983

House Committee on Post Office and Civil Service Discharged by Suspension of Rules.

Nov 16, 1983

House Committee on Post Office and Civil Service Discharged by Suspension of Rules.

Nov 16, 1983

Called up by House Under Suspension of Rules.

Nov 16, 1983

Passed/agreed to in House: Passed House by Voice Vote.

Nov 16, 1983

Passed House by Voice Vote.

Nov 7, 1983

Referred to House Committee on Post Office and Civil Service.

Nov 3, 1983

Considered by Senate.

Nov 3, 1983

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Nov 3, 1983

Passed Senate with amendments by Voice Vote.

Mar 31, 1983

Committee on Governmental Affairs. Reported to Senate by Senator Roth under the authority of the order of Mar 24, 83 without amendment. With written report No. 98-51.

Mar 31, 1983

Committee on Governmental Affairs. Reported to Senate by Senator Roth under the authority of the order of Mar 24, 83 without amendment. With written report No. 98-51.

Mar 31, 1983

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 78.

Mar 17, 1983

Subcommittee on Civil Service and General Services. Approved for full committee consideration without amendment favorably.

Mar 17, 1983

Committee on Governmental Affairs. Ordered to be reported without amendment favorably.

Mar 2, 1983

Subcommittee on Civil Service and General Services. Hearings held. Hearings printed: S.Hrg. 98-177.

Feb 17, 1983

Referred to Subcommittee on Civil Service and General Services.

Feb 3, 1983

Introduced in Senate

Feb 3, 1983

Read twice and referred to the Committee on Governmental Affairs.

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Amendments

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