110 HR 5895 IH: Solicitation Disclosure U.S. House of Representatives 2008-04-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5895 IN THE HOUSE OF REPRESENTATIVES April 24, 2008 Mr. Ackerman introduced the following bill; which was referred to the Committee on Financial Services A BILL To require certain labeling of unsolicited commercial mail.

1.

Short title

This Act may be cited as the Solicitation Disclosure Act.

2.

Findings

Congress finds that— (1)American consumers collectively spend millions of hours opening and reading mail they are induced into falsely believing is from a government entity or an institution with which they are currently doing business; (2)misleading commercial solicitations commonly employ the use of emblems, seals, or designs similar to those used by the Federal government or by State or local governments; and (3)annually, millions of Americans receive commercial solicitations in the mail luring them into purchasing a good or service by deliberately misleading them into believing they have won a contest.

3.

Labeling requirement for unsolicited commercial mail

(a)

Labeling Requirement

Beginning 6 months after the date of enactment of this Act, any unsolicited commercial offer that is sent to an individual through the mails shall contain, on the outside of such solicitation, a notice to the recipient. Such notice shall be in a large, clear, and bold typeface, in a contrasting color, and in a clear and conspicuous location on the outside envelope containing such solicitation, or in the case of a solicitation that is mailed without an envelope, in a clear and conspicuous location at the top of such solicitation. Such notice shall read This is an Unsolicited Commercial Offer from followed by the name of the person or company making such offer. (b)

Definition

As used in this Act, the term unsolicited commercial offer means any solicitation or offer that— (1)is sent to an individual without that individual having requested such solicitation or offer; and (2)is for any financial product or service, including loans or other offers of credit, offers of insurance coverage, debt refinancing services, debt cancellation services, mortgages, and investment products. Such term does not include an advertisement for the purchase of consumer goods at retail.(c)

Enforcement

(1)

Enforcing agencies

Compliance with the requirements imposed under this section shall be enforced under— (A)section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of— (i)national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (ii)member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq., 611 et seq.), by the Board; and (iii)banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (B)section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (C)the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the Administrator of the National Credit Union Administration with respect to any Federal credit union; and (D)the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), by the Securities and Exchange Commission, with respect to any broker or dealer subject to that Act. The terms used in subparagraph (A) that are not defined in this Act or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).(2)

Violations of section deemed violations of pre-existing statutory requirements; additional powers

For the purpose of the exercise by any agency referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (3)

Overall enforcement authority of Federal Trade Commission

Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (4)

Additional enforcement with respect to insurance companies

The attorney general of a State, the State insurance commission, or any other State agency authorized by State law may— (A)bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to enforce the provisions of this Act with respect to insurance companies; and (B)utilize administrative procedures authorized by the State to enforce the provisions of this Act with respect to insurance companies.