---
kind: "section"
citation: "39 C.F.R. § 3024.7"
title: "39"
number: "3024.7"
heading: "Unlawfully obtaining information."
url: "https://uscodex.org/cfr/39/3024.7"
---

# §3024.7. Unlawfully obtaining information.

- (a) A complaint alleging a violation of [39 U.S.C. 404a(a)(3)](/usc/39/404a.md?p=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)](/usc/39/404a.md?p=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)](/usc/39/404a.md?p=a-3), the Postal Service may show that the information obtained was provided by written consent.

## Notes

### Authority

Authority: 39 U.S.C. 404a; 3662.

### Source

Source: 79 FR 62294, Oct. 16, 2014, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020.