I 
110TH CONGRESS 
2D SESSION 
H. R. 5895 
To require certain labeling of unsolicited commercial mail. 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Solicitation Disclosure 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) American consumers collectively spend mil-
lions of hours opening and reading mail they are in-
duced into falsely believing is from a government en-
tity or an institution with which they are currently 
doing business; 
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(2) misleading commercial solicitations com-
monly 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 com-
mercial solicitations in the mail luring them into 
purchasing a good or service by deliberately mis-
leading them into believing they have won a contest. 
SEC. 3. LABELING REQUIREMENT FOR UNSOLICITED COM-
MERCIAL 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 con-
spicuous location at the top of such solicitation. Such no-
tice shall read ‘‘THIS IS AN UNSOLICITED COMMERCIAL 
OFFER FROM’’ followed by the name of the person or com-
pany making such offer. 
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(b) DEFINITION.—As used in this Act, the term ‘‘un-
solicited commercial offer’’ means any solicitation or offer 
that— 
(1) is sent to an individual without that indi-
vidual having requested such solicitation or offer; 
and 
(2) is for any financial product or service, in-
cluding loans or other offers of credit, offers of in-
surance coverage, debt refinancing services, debt 
cancellation services, mortgages, and investment 
products. 
Such term does not include an advertisement for the pur-
chase 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 Insur-
ance 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 Re-
serve System (other than national banks), 
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branches and agencies of foreign banks 
(other than Federal branches, Federal 
agencies, and insured State branches of 
foreign banks), commercial lending compa-
nies 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 De-
posit 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 Insur-
ance 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 Cor-
poration; 
(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 
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(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 VIOLA-
TIONS
OF
PRE-EXISTING
STATUTORY
REQUIRE-
MENTS; 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 addi-
tion to its powers under any provision of law specifi-
cally referred to in paragraph (1), each of the agen-
cies referred to in that paragraph may exercise, for 
the purpose of enforcing compliance with any re-
quirement imposed under this section, any other au-
thority conferred on it by law. 
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(3) OVERALL
ENFORCEMENT
AUTHORITY
OF 
FEDERAL TRADE COMMISSION.—Except to the ex-
tent 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 re-
quirements. For the purpose of the exercise by the 
Federal Trade Commission of its functions and pow-
ers 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 viola-
tion of a requirement imposed under that Act. All of 
the functions and powers of the Federal Trade Com-
mission under the Federal Trade Commission Act 
are available to the Commission to enforce compli-
ance 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 jurisdic-
tional 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— 
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(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 en-
force the provisions of this Act with respect to 
insurance companies; and 
(B) utilize administrative procedures au-
thorized by the State to enforce the provisions 
of this Act with respect to insurance companies. 
Æ 
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