THE FIRST ALARMS SOUNDED in 2003.
H. Robert Wientzen, then president of the Direct Marketing Association, warned that mailers might be hit with do-not-mail laws. And the fear was well founded since Massachusetts legislators were mulling a bill to create a state do-not-send list.
But that nightmare didn’t happen. To this day, serious do-not-mail legislation hasn’t passed at either the state or federal level.
“There have been a few bills introduced, but nothing with legs,” said DMA spokesman Lou Mastria.
Why? Some say it’s due to industry lobbying and to the argument over such a measure’s economic impact.
“I think a lot of people realize that direct mail employs 9 million Americans and is a $900 billion industry,” Mastria said.
Rep. Susan Pope (R-MA), who introduced the bill, acknowledged that it would hurt catalogers and small businesses in the state.
“I filed the bill on behalf of one constituent but I did not support it — there’s a difference,” said Pope. “My constituent thought it would be a way to help with environmental issues.”
Other attempts have gone in similar fashion. Whenever a do-not-mail measure gets introduced, the Mail & Jobs Coalition (www.mailandjobs.com) attempts to reach that lawmaker and educate him or her about direct mail’s economic benefits. The group is backed by the Association for Postal Commerce and other industry organizations.
According to executive director Peter Miller, mail doesn’t have the environmental impact some say it does. But legislators still make occasional attempts to get bills passed.
For example, Rep. Trent Skaggs (D-MO) proposed HB834, which would set up a registry at the Missouri attorney general’s office for people who don’t want to receive commercial mail.
“I introduced the bill because there were too many complaints from constituents about deceptive direct mailings,” said Skaggs. Many of these consumers were at least 75 years old and “often felt they were obliged to answer them,” he added.
But HB834 died during the last session.
“I believe I [proposed] it too late for it to go anywhere,” Skaggs said. “I plan on reintroducing it when the new session begins in January. We’ve already shown we can do this with the telephone — why not direct mail?” he said.
Similar activities have been going on in other states as well. In Hawaii, two legislators sponsored a non-binding resolution calling for the creation of a do-not-mail list, said Leo Raymond, director of postal affairs at the Mailing and Fulfillment Services Association. But he did not think it was a serious move.
And several environmental and consumer groups are calling for do-not-mail legislation. For example, the Center for the New American Dream has been collecting petition signatures for the past five years on its Web site (www.newdream.org). The group has 3,197 signatures to date, but is hoping to get more before going to Congress next spring, said spokeswoman Sara Roberts. In the meantime, the site provides information that shows visitors how to get off mailing lists and gives links to other organizations involved in the fight.
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