Summary: H.R.7044 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (12/13/1982)

(Measure passed House, amended, roll call #438 (320-61))

Mail Order Consumer Protection Amendments of 1982 - 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.

Allows a Governor of the Board to serve beyond the expiration of his or her term until a successor takes office.