Do Not Mail Bills on the Rise in the States

An increasing number of direct mail related bills have been introduced in states across the country. This month, two new states – Arkansas and Vermont - introduced bills restricting direct mail marketing though a do-not-mail registry. At the same time legislators in Colorado, Maryland, and Montana withdrew their bills from consideration. Seven additional states have introduced similar bills this year: Connecticut, Hawaii, New York, Michigan, Missouri, Texas and Washington.

A broad array of organizations and businesses generally oppose such legislation, including the Direct Marketing Association, National Association of Letter Carriers, and the Mailing & Fulfillment Service Association.

According to some experts, the issue of direct mail can not be compared to unwanted telemarketing calls (and the popular do-not-call list), and that creating a do-not-mail registry would not be feasible.

In the Seattle Weekly, Drew Von Bergen, spokesperson for the National Association of Letter Carriers, the Washington, D.C.-based union for delivery workers, said "In telemarketing, they seem to annoy you when you're sitting down to dinner. You don't have to jump up in the middle of a meal and open up your mailbox."

DM News reported that the Direct Marketing Association (DMA) is spearheading a coalition effort focused on educating the states on how do-not-mail bills could be detrimental to them. The Mail Moves America Coalition is comprised of major mailing associations and other groups.

Federal legislation is not expected on this issue. According to DM News, John A. Greco Jr., President/CEO of DMA, said he does not expect a federal bill being introduced or passed anytime in the near future.

“I really do not believe that anyone at the federal level today believes that this is in the best interest of the American consumer,” he said. “So I am not anticipating anything in the near terms in terms of filing. With the right education, probably not.”

No Action Imminent on Federal Level
Though Feinstein Legislation Potentially Burdensome

Though some legislation has been introduced in this Congress, there has been no movement to date. Due to a crowded legislative calendar and other priorities, action does not appear imminent.

Text of Senator Feinstein’s (D-CA) bill that Kids in the Know reported on in the last update has been released and would be potentially harmful to some Kids in the Know members due to its definition of sensitive personal information. It is defined as first and last name, combined with either a social security number, electronic ID number, or more importantly, any two of i) home address or telephone number, ii) mothers maiden name or iii) month, day and year of birth.

The legislation would require businesses to notify any persons affected by a security breach of sensitive personal information, and notification would be required “without unreasonable delay.” However, there are exemptions which may cover many Kids in the Know members. If businesses conduct a risk assessment that concludes that there is no significant risk resulting from the security breach, or harm to the individuals who’s sensitive personally identifiable information was subject to the security breach, then the entity is exempt from the notice requirements. However, this would still be administratively burdensome for businesses as they would be required to provide the U.S. Secret Service the results of the risk assessment within 45 days of the breach.

We will continue to monitor the legislation both in Congress and in the state legislatures and keep you informed on future relevant actions.