arethinn: glowing green spiral (Default)
Does anyone know where I can find the actual scoop on the laws about businesses sending unsolicted (paper) mail? I bought something once from a company years ago (like... 1997? before 2000 at least) and I have been receiving fairly frequent catalogs from them ever since. I realize that for the first year or something they are allowed to do that based on our "established business relationship", but we're way outside that limit. I want to be off their mailing list and I have notified them in writing at least once. That is, I have sent back my name and address from the catalog in their order envelope - this may not comply with the standards of the law in this matter, so I want to know exactly what it is I am supposed to have to do to count as notifying them that I wish to be removed from their mailing list, and how to make the formal complaint to get them to stop / collect a fine from them if they still don't stop.

Date: Dec. 10th, 2005 01:20 am (UTC)From: [personal profile] elf
elf: Rainbow sparkly fairy (Default)
There may not be any specific laws against sending unwanted mail... unlike email, they have to pay to deliver it to you; the theory is that companies won't want to waste money on non-customers. It may take an actual cease-and-desist court order for harassment, if they're adamant about it.

Or you can try calling them... find their phone number (any number) and start calling and demanding to speak to "customer service, or whoever manages the mailing lists." If you don't get quick results (i.e. no more than three "I'll send you to that department" followed by an actual statement from a person whose name you write down that you're being removed from the list), call customer service. Tell 'em you're very unhappy with the "service," you want to be removed... and if they don't, you'll take action.

Depending on what sounds good you can threaten:
Court action,
Extensive negative reviews online,
Tracking down home addresses of employees & sending them mail explaining how unhappy you are with their company,
Taking it to the media,
Sending a nice long explanation to Consumer Reports magazine,
Reporting them to the Better Business Bureau.

Or, if that doesn't seem to work, send a notice to their cust. service department, explaining that your fee for proofreading their catalogs is $10/page, and you'll be charging them if they send you any more.

Date: Dec. 10th, 2005 01:42 am (UTC)From: [identity profile] starlightforest.livejournal.com
I'm almost certain there's something requiring a business to remove you from their mailing list if you request it. (It might not stop you from getting back on later, but that's another question.)

"Threatening" sounds fine but I am talking about stuff I can actually do>/i>. I.e., if I went into court action, what am I suing them for exactly? That's what I mean about needing to know the actual law. I'm not sure if it's "harassment" exactly?

Date: Dec. 10th, 2005 05:35 am (UTC)From: [identity profile] deliciousj.livejournal.com
have you tried writing "return to sender" on it?
or calling and saying that you're deceased?

Date: Dec. 12th, 2005 06:21 pm (UTC)From: [identity profile] starlightforest.livejournal.com
"Return to sender" (as [livejournal.com profile] baxil also suggested) is essentially what I have been doing (you can't do this with bulk mail, so I've been using their reply envelopes), and it hasn't been working.

"Deceased" is not a good idea, because it can cause big problems if it gets back to anyone who takes the claim seriously.

Date: Dec. 11th, 2005 02:46 am (UTC)From: [identity profile] lysana.livejournal.com
This site may be of some assistance to you:

http://www.obviously.com/junkmail/

Date: Dec. 12th, 2005 06:21 pm (UTC)From: [identity profile] starlightforest.livejournal.com
Thanks, that is very helpful.

Date: Dec. 11th, 2005 07:51 am (UTC)From: [identity profile] baxil.livejournal.com
IANAL, but here's something that you can do requiring no legal action: Next time the catalog comes in the mail, take out a big permanent marker, draw an X over your address (but not too badly -- you want them to see who you are so they can remove you), write "RETURN TO SENDER" on it in big letters, and leave it in the mailbox. Wait for the mailman to take it back the next day. Lather, rinse, repeat if necessary, but most companies won't put up with their crap being returned to them for more than about two iterations.

(I'm fairly certain, but not positive, this works even for catalogs ...)

Date: Dec. 11th, 2005 08:13 am (UTC)From: [identity profile] baxil.livejournal.com
I stand corrected -- per [livejournal.com profile] lysana's link above, this generally doesn't work for bulk mail. But the link was extremely helpful reading.

Date: Dec. 11th, 2005 10:35 pm (UTC)From: [identity profile] saizai.livejournal.com
AFAIK you have no legal right to sue or anything of the sort unless it's a bona fide case of personal stalking / threatening / etc. You only get to say "please don't" and bend over.

This is in contrast to, e.g., telemarketing - for which CA has an automatic $200 small claims suit in your favor if you can show that you asked off, and they called you again afterwards.

Date: Dec. 12th, 2005 06:14 pm (UTC)From: [identity profile] starlightforest.livejournal.com
Well damn.

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Arethinn

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