Mailing & Fulfillment — Defeating ‘Do-Not-Mail’ Laws

"MAIL MOVES America and Printing Powers Prosperity." This statement epitomizes NPES' commitment to leadership in the mailing and fulfillment industry, where related companies and associations have formed a coalition to maintain the vitality of printed communication as a key structural component of the American economy.

Initially, Mail Moves America was formed to counter so-called "Do-Not-Mail" legislation in various states, which attempts to curtail, if not eliminate, mail delivery of direct commercial communication. This remains the principal focus of the coalition in 2008, which has successfully opposed Do-Not-Mail efforts in a number of states so far this year.

o The importance of Printed Communication and Mail: Despite the growth of electronic communications, the U.S. mail remains a critical means by which to exchange information and conduct commerce for more than 146 million separate American households, businesses and nonprofit organizations. And, since advertising mail currently provides more than half of the annual revenue that makes this possible, its loss would surely cause postal rates to rise, curtail customer service and ultimately damage the larger U.S. economy.

According to the Direct Marketing Association, the average U.S. household gets a little more than 14 pieces per week of Standard Mail from businesses and nonprofit organizations. And, a 2005 USPS Household Diary study indicated that 85 percent of U.S. households usually read some or all of the advertising mail they receive. They say it makes shopping more convenient, gives additional choices and saves them money.

Getting off mailing lists should never be difficult, and it is usually a simple matter of recipients contacting mailers, and requesting to be removed from their lists and to not have their names shared with other mailers. Nevertheless, the recent Do-Not-Mail legislative effort persists. Fortunately, no legislation has been enacted into law yet. But the momentum is building.

o Status of Do-Not-Mail Legislation: In 2005, only three states, Hawaii, Missouri and New York, had bills introduced in their legislatures. In 2006, Illinois joined those three states. However, in 2007, the activity jumped dramatically with 18 bills introduced across 15 states, but none were enacted into law. This year has seen Do-Not-Mail legislation in 10 states, including eight proposals automatically carried over from 2007 legislative calendars.

The provisions of the bills vary. Some require mailers to register with state agencies and pay annual fees, but also allow exemptions based on express request, business contact during a specified period of time, small business status and political speech.

This year's legislative activity has occurred at the committee level in New Hampshire, Vermont, Hawaii, Tennessee, Maryland and Illinois. While there have been a few committee hearings, so far none of the bills has gained any significant support among state legislators. NPES has actively participated in Mail Moves America efforts to monitor and, in some cases, weigh in against these bills. To date, no federal legislation has been introduced, but anything is possible in an election year like 2008.

o Proponents of Do-Not-Mail Legislation: These legislative efforts are led by zealous activist groups with varying motivations, but with a common goal of curtailing commercial advertising direct mail, which they pejoratively mislabel as "junk mail." The groups include the environmental organization known as GreenDimes and an anti-consumerism group called the New American Dream. Their bills are promoted as environmental statements to reduce waste and are modeled after the earlier "Do-Not-Call" effort.

Reduction in identity theft and privacy concerns are also raised as rationales for the bills, notwithstanding that general advertising mail does not contain personal information. A Presidential Taskforce also found that only 3 percent of ID theft is attributable to mail.

Even more troubling is the effort by environmental activists at Forest Ethics to bring the Do-Not-Mail agenda into the court of national public opinion via coverage in major newspapers and on TV.

This newest development demands a unified and concerted proactive response, not only from the direct mail industry and its suppliers, but also from a much larger universe of "Main Street" businesses and industries that depend on direct mail advertising for their livelihood. Legislative battles won in the various states, important as they are, will be pyrrhic victories if the war of national public opinion is lost.

Although Do-Not-Mail efforts to date are without success, failure in even one state is not an option, because one successful bill could snowball into a fast-spreading interest in other states that could cause a dramatic change in nationwide postal delivery. With approximately 45 percent of print distributed by the U.S. Postal Service, the results of such a curtailment would be very serious for mailers, printers and their suppliers.

For more information, contact Mark Nuzzaco, NPES Government Affairs director, at (703) 264-7235 or e-mail mnuzzaco@npes.org. PI