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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) A complaint alleging a violation of 39 U.S.C. 404a(a)(3) must show that:
(1) The person filing the complaint has provided or sought to provide a product;
(2) The Postal Service obtained information about such product from the person filing the complaint; and
(3) The Postal Service offers or offered a postal service that uses or is based, in whole or in part, on the information obtained from the person filing the complaint.
(b) As an affirmative defense to a complaint under 39 U.S.C. 404a(a)(3), the Postal Service may demonstrate that substantially the same information was obtained (or was obtainable) from an independent source or is otherwise obtained (or obtainable) through lawful means.
(c) As an affirmative defense to a complaint under 39 U.S.C. 404a(a)(3), the Postal Service may show that the information obtained was provided by written consent.
Cite this article: FindLaw.com - Code of Federal Regulations Title 39. Postal Service § 39.3024.7 Unlawfully obtaining information - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-39-postal-service/cfr-sect-39-3024-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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