Mailbox Maelstrom

A MOVEMENT IS AFOOT to thwart the U.S. Postal Service’s new rules for private mailbox operators, such as Mail Boxes Etc. Opponents say the requirements would infringe the privacy of consumers who rent the mail drops.

In addition, the rules-set to be enforced this fall-could cause difficulties for direct marketers and mail monitors who use “decoy” mail for list security and mail tracking.

The USPS is requiring the mail-receiving companies to obtain a wealth of personal information from their customers and turn it over to local postmasters. It is also requiring mailers to indicate in the address block-either with the letters “PMB” or the words “PRIVATE MAILBOX” -that the mail is being sent to a commercial receiver. Without that indication, the piece won’t be delivered, the USPS says.

Although the rules-aimed at reducing identity theft and mail fraud-went into effect in April, the USPS gave private mailbox operators until Oct. 26 to fully comply.

But the private mailbox operators claim the new requirements would force them to invade the privacy of individuals and businesses who rent private mailboxes. The USPS would demand that mailbox renters provide two forms of identification- including a photograph-and verify that they live at or conduct business from the address they provide.

Commercial mail receivers also claim that the rules violate the federal Privacy Act of 1974 and the privacy sections of the Postal Reorganization Act of 1970.

Their position is supported by U.S. Reps. Ron Paul (R-TX) and Todd Tiahrt (R-KS). On May 25, Paul introduced a resolution that would prohibit the USPS from enforcing the rules, saying that they “trample on the privacy of the 2 million Americans who rent mailboxes” and that the government “should not force any American citizen to divulge personal information as the price for receiving mail” from the USPS.

The postal service, he added, “should not have a list of people who for whatever the reason” opted out of its own mailbox service.

The measure is pending before the House Government Reform Committee, which is considering legislation to reform the USPS.

Meantime Tiahrt, a member of the House Appropriations Committee, wants to make an agreement by the USPS not to enforce the rules a condition of the postal service’s receipt of some $29 million in funding to cover the cost of processing free and reduced-rate mail, which includes congressional mailings.

There’s been no indication of when the committee will consider the measure.

The new requirements could also pose problems for direct marketers and mail monitors. That the USPS won’t deliver mail without the private mailbox indicator could make life difficult for mailers, and especially DMers, says Harvey Butler, manager of the 4th Street Shipping & Mailing Center, St. Petersburg, FL.

“If someone moved, or rented another mailbox somewhere else and doesn’t tell us, we can’t send the mail back to the sender because under the rules we have to hold it for six months, then turn it over to the postal service as undeliverable,” Butler explained.

While the Direct Marketing Association agrees with the USPS’ intent in trying to fight fraud, it sees the rules causing “mailers some problems in list security and mail tracking,” says Richard A. Barton, senior vice president for congressional affairs.

Barton explained that the mandatory disclosures could affect the way many marketers use private mail receiving agencies for decoy mailings to keep tabs on the security of their mailing lists, to make sure they’re not misused or stolen, and to track the timely delivery of their mailings.

The DMA is trying to reach an agreement with the USPS “so that list security won’t be compromised,” he said, adding “we think we can work out most of the problems.”

List industry consultant Shel Alpert says mailers will “be back to ground zero if the USPS manages to damage our list and mail monitoring system. These rules prevent mailers from identifying what’s happening in any mailing and that’s just unthinkable.”

Mail monitoring firms use private mailboxes to evaluate USPS delivery performance. But one such firm, U.S. Monitor, New City, NY, “won’t really be affected by the rules” because it doesn’t “use that many commercial mail receiving agencies,” says sales director Paul Ercolino. “We are taking steps to make sure it doesn’t impact on our list protection” service, he added, but declined to say what those steps are.