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Could unwanted junk mail be considered harassment?

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micky

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May 6, 2012, 9:16:55 PM5/6/12
to
Any chance I could stop the single, one and only, junk mailer who
truly annoys me by asking it to stop a few times and then suing the
company for harassment? For continuing to send me multi-page
multi-part snail mail I don't want.

Is that harassment, or anything I can get stopped for some other
reason?

It's sent by the Baltimore Sun, the only general circulation daily in
Baltimore.

All the other junk mail I get comes in an envelope or is stapled
together like a magazine. It's a bit annoying but doesn't
inconvenience me much.

10 or so years ago, I found email addresses for my two worst sources
of junk mail, wrote to them, and I think one stopped. If it stopped,
maybe it stopped for good, since right now, I can't remember what it
was and there is only one now that annoys me.

It doesn't have my address on it, but the mailman has one "postcard"
from the sender for each home on his route, which corresponds to his
stack of these things. (I"ve asked the mailman if he could stop
delivering this piece, and he nods and keeps delivering it.)

This bad one is not stapled and it's 6 or 12 pages of color newsprint,
folded in the middle, with a lot of glossy pages and sometimes
envelopes in the middle of that, and the mailman puts it through the
slot in my door. When it falls, it spreads all over the hall, and
takes me it seems at least 5 minutes a week to pick up each page, make
sure it's junk, and throw away. On the floor it covers real mail,
and sometimes I think I threw away something important when I was
gathering this stuff. I feel like I have a roommate who won't leave,
or someone who drops by for 5 minutes every week and won't leave when
I tell him to.

John Levine

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May 6, 2012, 9:52:44 PM5/6/12
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>Any chance I could stop the single, one and only, junk mailer who
>truly annoys me by asking it to stop a few times and then suing the
>company for harassment?

File a PS-1500 pander notice, which tells a mailer to stop because you
consider their material prurient. Case law makes it clear that it
doesn't matter how obscene or nor anyone else would consider the
material, it's your sole opinion, and the sender must stop or face
severe penalties.

I used this a year or two ago to force the morons at Chase Bank to
stop sending my wife three card applications a week, after several
months of stamping TAKE ME OFF YOUR MAILING LIST on the reply forms
didn't get their attention. I had to file the PS-1500, then a couple
of more letters to the postal inspection service to tell them that the
mail kept coming, which led them to send increasingly threatening mail
to Chase, but it did finally stop.

For mail like yours, where there is an addressed card and unaddressed
flyers, you'll probably have to talk to your mail carrier to tell him
or her that you won't be getting the addressed card any more, so they
shouldn't deliver the flyers, either.

http://about.usps.com/forms/ps1500.pdf

R's,
John
--
Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. http://jl.ly

Dave M.

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May 9, 2012, 8:26:10 PM5/9/12
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micky,

No, it's not harassment, it's free speech. Mr. Levine's
method mught work but involves work on your part. My
method is to toss junk mail, largely unread, into the
woodstove. The cat enjoys the warmth.

Good luck,
Dave M.


slide

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May 9, 2012, 8:29:56 PM5/9/12
to
micky wrote:
> Any chance I could stop the single, one and only, junk mailer who
> truly annoys me by asking it to stop a few times and then suing the
> company for harassment? For continuing to send me multi-page
> multi-part snail mail I don't want.
>
> Is that harassment, or anything I can get stopped for some other
> reason?
>
> It's sent by the Baltimore Sun, the only general circulation daily in
> Baltimore.
>
> All the other junk mail I get comes in an envelope or is stapled
> together like a magazine. It's a bit annoying but doesn't
> inconvenience me much.

Probably not because the Sun is sending the stuff
out to all customers of the USPS on routes rather
than you personally. There is no personal address
on it, is there? So therefore, the Sun cannot delete
that address.

You may be able to ask your carrier to cease. I
suggest you ask your postmaster general at your
local P.O. However, if you do this, you are putting
a bit of a burden on a system which is failing
already so I really wonder if you really want to
take your stress and put it on the carrier who has
done nothing wrong?

Sometimes life is annoying and we must just deal
with it. Deal with it.

Dick Adams

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May 10, 2012, 4:15:33 PM5/10/12
to
John Levine <jo...@iecc.com> wrote:
> micky wrote:

>> Any chance I could stop the single, one and only, junk mailer who
>> truly annoys me by asking it to stop a few times and then suing
>> the company for harassment? For continuing to send me multi-page
>> multi-part snail mail I don't want.

> File a PS-1500 pander notice, which tells a mailer to stop because you
> consider their material prurient. Case law makes it clear that it
> doesn't matter how obscene or nor anyone else would consider the
> material, it's your sole opinion, and the sender must stop or face
> severe penalties.
>
> For mail like yours, where there is an addressed card and unaddressed
> flyers, you'll probably have to talk to your mail carrier to tell him
> or her that you won't be getting the addressed card any more, so they
> shouldn't deliver the flyers, either.
>
> http://about.usps.com/forms/ps1500.pdf

> It's sent by the Baltimore Sun, the only general circulation
> daily in Baltimore.

I live in Ellicott City - just west of Bal-mer: The City that Slurs.
I would tell you my opinion of the quality of the Sun, but it would
require the use of a few four-lettered anglo-saxon gerunds and the
I am certain the moderator would reject it.

A friend of mine stamped his junk mail as "Mail Refused by Recipient"
and dropped it into a mail box on his way to work every day. He said
it cut his junk mail significantly.

For junk mail sent by address only, John Levine's suggestion above
works best, but you have to file a form for each sender.

Dick

Don

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May 10, 2012, 4:18:40 PM5/10/12
to
micky wrote:
> Any chance I could stop the single, one and only, junk mailer who
> truly annoys me by asking it to stop a few times and then suing the
> company for harassment? For continuing to send me multi-page
> multi-part snail mail I don't want.

I wonder what would happen if you wrote "Return to Sender" on
each and every piece of unwanted mail you received and left it in
the mailbox for the post office to pick up. Perhaps that would
clog up the mailer's system or cause enough expense to them to
get their attention. That is just an idea. I know nothing about
the legalities involved, or whether or not "Return to Sender"
instructions would apply to junk mail, just first-class mail, or
whatever. But anything might be worth a try!

Stuart A. Bronstein

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May 10, 2012, 4:20:09 PM5/10/12
to
"Dave M." <mart...@frontier.com> wrote:

> No, it's not harassment, it's free speech. Mr. Levine's
> method mught work but involves work on your part. My
> method is to toss junk mail, largely unread, into the
> woodstove. The cat enjoys the warmth.

It may take work, but what John Levine said is absolutely
correct, and the best way to deal with annoying mail. If
you feel, that is, that it is necessary to deal with it
at all other than throwing it into the woodstove (which
might violate pollution laws on some days, but I guess
that's another story).

___
Stu
http://DownToEarthLawyer.com

Dave M.

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May 10, 2012, 5:23:27 PM5/10/12
to
Don,

It's unlikely that a "junk mailer" will pay the extra cost to send you
mail that is entitled to be returned to sender. The post office will collect
this returned mail (at tax payer expense) and dispose of it if no one has
paid return postage. The junk mailer will not know or care that you have
"returned" their advertising.

Good luck,
Dave M.

micky

unread,
May 11, 2012, 8:05:54 AM5/11/12
to
rda...@panix.com (Dick Adams) wrote:
> John Levine <jo...@iecc.com> wrote:
>> micky wrote:

>>> Any chance I could stop the single, one and only, junk mailer who
>>> truly annoys me by asking it to stop a few times and then suing
>>> the company for harassment? For continuing to send me multi-page
>>> multi-part snail mail I don't want.

>> File a PS-1500 pander notice, which tells a mailer to stop because you
>> consider their material prurient. Case law makes it clear that it
>> doesn't matter how obscene or nor anyone else would consider the
>> material, it's your sole opinion, and the sender must stop or face
>> severe penalties.
>>
>> For mail like yours, where there is an addressed card and unaddressed
>> flyers, you'll probably have to talk to your mail carrier to tell him
>> or her that you won't be getting the addressed card any more, so they
>> shouldn't deliver the flyers, either.
>>
>> http://about.usps.com/forms/ps1500.pdf

>> It's sent by the Baltimore Sun, the only general circulation
>> daily in Baltimore.

> I live in Ellicott City - just west of Bal-mer: The City that Slurs.
> I would tell you my opinion of the quality of the Sun, but it would
> require the use of a few four-lettered anglo-saxon gerunds and the
> I am certain the moderator would reject it.

But surely the moderator could make an exception. Arent' you the
moderator? :-)

* Moderator comment:
* Vulgarity is unprofessional and should always be rejected
* even when it is an accurate representation.

> A friend of mine stamped his junk mail as "Mail Refused by Recipient"
> and dropped it into a mail box on his way to work every day. He said
> it cut his junk mail significantly.

Well, I suppose I could staple all this stuff together, along with the
"postcard" with my address on it, and do just that.

I am going to email them first asking them to stop, but I didn't want
to hint at further plans if there was nothing else I could do.

> For junk mail sent by address only, John Levine's suggestion above
> works best, but you have to file a form for each sender.

This is really the only one that botherrs me.

I probably wouldn't even have to lie to use John Levine's idea.
(Thanks John and everyone who endorsed what you said.) It has
advertising from so many sources, and I'm so close to being a puritan,
I can probably find more than one thing in there I think is too
sexual for *me* to look at. Even though I've not naive and I've
been around the block, there are a lot of tv shows I won't watch
because I think they are too vulgar. Including something Housewives,
and Two and a half Men, which is imo the worst because it's on at 8PM
which is supposed to be family hour and it has a child who is a
full=time cast member, giving parents who don't watch the show the
imprression that the show is suitable for children. .

micky

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May 11, 2012, 8:08:33 AM5/11/12
to
slide <dryads...@xxxxyahoo.com> wrote:
> micky wrote:
......
>> All the other junk mail I get comes in an envelope or is stapled
>> together like a magazine. It's a bit annoying but doesn't
>> inconvenience me much.

> Probably not because the Sun is sending the stuff
> out to all customers of the USPS on routes rather
> than you personally. There is no personal address
> on it, is there?

I think one can say there is. It's not printed on the advertising,
but as I said, there is an accompanying "postcard" or card, that I
think he usually puts in the mail slot along with this advertising.
I'll bet you've seen one. It's low-quality paper, sort of rough,
flimsy compared to a real postcard, wider and a little taller than an
actual standard post card, printing on both sides. I'll look for the
next one to see if I've described it right.

If he really goes to the trouble to include the postcard every time --
and I'll pay more attention -- when he doesn't find it in his pile of
mail for me, there woudl be no stimulus to give me that advertising
or looking at it another way, it would be pretty easy to remember not
to give it to me.

> So therefore, the Sun cannot delete that address.
> You may be able to ask your carrier to cease. I

I did once. I think he just nodded without agreeing, and I'm
thinking he has a legal duty to deliver it and he's not going to
violate his duty even if I want him to. (Honor, plus people seem to
get in trouble for violating the rules, even when it makes sense and
many would say is the "right thing". For example, what happens if he
has one of these things left over and they find it in his truck, or in
the waste basket at work?

> suggest you ask your postmaster general at your
> local P.O. However, if you do this, you are putting
>
a bit of a burden on a system which is failing

Believe it or not, I actually thought about that, but ......

> already so I really wonder if you really want to
> take your stress and put it on the carrier who has
> done nothing wrong?

Every year, I give him a present of 20 dollars. For years that was
for nothing special but starting 18 months ago, part of it was for
when I was out of town for several days, he would close my gate each
time he left my house -- no one else visits without first making sure
I'm home -- and throw away pizza ads in my fence (once every month or
less, acting as a notice to burglars that I'm out of town*) , but I
put a spring on the gate that works pretty welll, and I never went out
of town.

I gave him 10 or 15 dollars a year until 5 years ago, and if you tell
me I should, I'd be willing to raise it another 5 or 10 dollars a
year, to 25 or 30. Or more.

What do most poeple give their mail carrier? Milddle-income people.

Other than closing the gate, which the spring does now, I don't cause
him any problems. Well except one winter I put celluloid
weatherstripping one the open side, inside the door slot. I did it in
a way that shouldn't have interfered with his putting the mail in it,
and I apologized to him and he said, "Don't worry about it. No one
wants to waste heat."

> Sometimes life is annoying and we must just deal
> with it. Deal with it.

Can't I just pay him? And if he gets no postcard, that's one less
stack of ads he'll have to carry on his route.

John Levine

unread,
May 11, 2012, 8:09:22 AM5/11/12
to
> I wonder what would happen if you wrote "Return to Sender" on
> each and every piece of unwanted mail you received and left it in
> the mailbox for the post office to pick up.

In the U.S, unless it's first class, or specifically says "address
correction requested", they would just throw it away. I asked my
local postmaster about it one time.

The USPS is a very large bureaucracy, and local carriers and
postmasters have no influence whatsoever on policy.

I see you're in Canada, you'll have to look up Canada Post's
policies yourself.

Stuart A. Bronstein

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May 13, 2012, 2:47:12 PM5/13/12
to
micky <mis...@bigfoot.com> wrote:
> rda...@panix.com (Dick Adams) wrote:

>> I live in Ellicott City - just west of Bal-mer: The City that
>> Slurs. I would tell you my opinion of the quality of the Sun,
>> but it would require the use of a few four-lettered anglo-saxon
>> gerunds and the I am certain the moderator would reject it.

> But surely the moderator could make an exception. Arent' you
> the moderator? :-)
>
> * Moderator comment:
> * Vulgarity is unprofessional and should always be rejected
> * even when it is an accurate representation.

A good moderator is even harder on himself than on others. And
our moderator is the [BLEEP]ing best

>> For junk mail sent by address only, John Levine's suggestion
>> above works best, but you have to file a form for each sender.

> This is really the only one that botherrs me.
>
> I probably wouldn't even have to lie to use John Levine's idea.

It's not about a lie - it's about what you find offensive.
If you do, it's not a lie. The law lets you decide.

___
Stu
http://DownToEarthLawyer.com

2thetru...@gmail.com

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Aug 6, 2018, 4:22:30 PM8/6/18
to
I can't just let it go and deal with it. Junk snail mail is waste of paper, our tree's. And if a person doesn't want to be harassed, or this goes against my personal beliefs, then I will stand against those who violate. But, if I go to court and sue over it, then the paperwork is going to be more than 10 fold of initial problem. An intent Catch 22. Yes, they made sure it will cost a lot and rabbit hole of paperwork and laws, when in fact things could be simple.
WE all have equal dominion over our world, but many believe the 1% has full dominion. All in all, I see what a job the Govs do by looking around as everything is polluted, water food air health, u name it.
But NO, if I don't want the junk mail and they won't stop after any attempt to do so, then what to do? Drive to the company and literally make them eat it? I'd like to. AND look around,
Turn the other cheek my arse! Stand for something or be held accountable in afterlife...judged for condoning and submitting. Deception all the way.

Hello Credit card company harassing me, your killing my tree's endangering life, etc STOP, no pretty please BS, Just stop or else I will own your company and shut it down. -I'm venting...
How the heck these companies write their own rules getting away with stuff and reserving their right to do so? Yeah, that's what I need to do, and make hefty fines when they violate them. Security Agreement file in public? Maybe...

2thetru...@gmail.com

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Aug 6, 2018, 4:23:16 PM8/6/18
to
NOTICE: To sender
IF you continue to send even 1 more junk mail to my home, You will owe me $10,000 per page! Or a Million, whatever. You violate my right to NOT receive any junk mail, You automatically forfeit Your company to me. Refer to my # filed Security Agreement filed public etc.
I would LOVE to do this on every aspect of my life these companies and rogue government violate in our lives daily.
Funny how they're always protected, always right in court system, like they're gods.

Roy

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Aug 6, 2018, 5:31:34 PM8/6/18
to
An easier method is to declare the mail obscene

https://en.wikipedia.org/wiki/Prohibitory_Order

File form 1500 with the USPS

https://about.usps.com/forms/ps1500.pdf


John Levine

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Aug 6, 2018, 6:27:38 PM8/6/18
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>An easier method is to declare the mail obscene
>
> https://en.wikipedia.org/wiki/Prohibitory_Order
>
>File form 1500 with the USPS
>
> https://about.usps.com/forms/ps1500.pdf

I can report this actually works. Chase was bombarding my wife with
credit card offers and would not stop until I filed form PS1500. I
think that due to some glitch they had her name in the database twice,
so when she told them to stop the normal way, someone looked, saw her
address was suppressed, and stopped. Not until they got the PS1500
with a few of the envelopes did someone bother to find and delete the
other entry.




--
Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

2thetru...@gmail.com

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Aug 6, 2018, 6:28:12 PM8/6/18
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Must file letter with Credit Reporting agencies (agencies are business or organization = commerce and we r customers by force)

Stuart O. Bronstein

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Aug 6, 2018, 10:14:03 PM8/6/18
to
"John Levine" <jo...@taugh.com> wrote :

>>An easier method is to declare the mail obscene
>>
>> https://en.wikipedia.org/wiki/Prohibitory_Order
>>
>>File form 1500 with the USPS
>>
>> https://about.usps.com/forms/ps1500.pdf
>
> I can report this actually works. Chase was bombarding my wife
> with credit card offers and would not stop until I filed form
> PS1500. I think that due to some glitch they had her name in the
> database twice, so when she told them to stop the normal way,
> someone looked, saw her address was suppressed, and stopped. Not
> until they got the PS1500 with a few of the envelopes did someone
> bother to find and delete the other entry.

Yes it does. Here's what it says in section 9.1.1 of the Post
Office's Domestic Mail Manual:

"Pursuant to 39 USC 3008, an addressee who receives a solicited or
unsolicited advertisement offering for sale matter that, in the
addressee’s sole discretion, is “erotically arousing or sexually
provocative,” may, by completing Form 1500, obtain a prohibitory
order directing the mailer of the advertisement to refrain from
making further mailings to that addressee. Using this form is not
mandatory if the information that the form solicits is in a signed
written statement."

Again, I emphasize the phrase, "in the addressee’s sole
discretion...."


--
Stu
http://DownToEarthLawyer.com

Jeff Wisnia

unread,
Aug 8, 2018, 11:38:24 PM8/8/18
to
But, are appeals from 501c charities considered "offers to sell me
something" just because they contain oxymoronically "free gifts" liker a
half dozen greeting cards with envelopes, personalized notepads, return
address labels, ball point pens with my name printed on them or other
stuff I already have too much of?

If they are not such "offers" then it doesn't seem like that Form 1500
thing would be appropriate.

I'm not exaggerating when I say that between my business and home
addresses SWMBO and I receive an average of about 10 envelopes addressed
to me from charities every week day. Many of them are from organizations
I never heard of before but others are repeat ones from well know
charities like The March of Dimes and Boys Town which I've been
supporting for years but don't feel obligated or able to give to more
than a couple of times each year. I did try answering a few of those
with a request to "slow down" on their mailings to me, but that didn't work.

Jeff

--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
The speed of light is 1.8*10^12 furlongs per fortnight.

Stuart O. Bronstein

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Aug 9, 2018, 1:00:06 AM8/9/18
to
Jeff Wisnia <Jwis...@DUMPTHIScomcast.net> wrote:

> I'm not exaggerating when I say that between my business and home
> addresses SWMBO and I receive an average of about 10 envelopes
> addressed to me from charities every week day. Many of them are
> from organizations I never heard of before but others are repeat
> ones from well know charities like The March of Dimes and Boys
> Town which I've been supporting for years but don't feel obligated
> or able to give to more than a couple of times each year. I did
> try answering a few of those with a request to "slow down" on
> their mailings to me, but that didn't work

One of the ways charities raise money is that they sell their mailing
lists to other charities. So the next time you get something from
places you never heard of or did business with, just figure that
receiving those solicitations can be your full contribution to the
ones you want to contribute to.

--
Stu
http://DownToEarthLawyer.com

Jeff Wisnia

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Aug 9, 2018, 11:49:55 PM8/9/18
to
Yes, I've been well aware of that for many years.

I'd never received a solicitation from a Native American group until one
came to me about ten years ago. I was moved by their appeal and sent
them a check for 'Chai'($18.00).

Ever since then I've been receiving appeals from at least fifteen other
tribes, probably about one a week. (Googling I saw that as of 17 January
2017, 567 Native American tribes were legally recognized by the Bureau
of Indian Affairs (BIA) of the United States.) I doubt if contacting the
tribes and asking them to take me off their mailing lists will help.

BTW I'm really unable to decipher what the last line in your post meant
Stuart. How do I consider being pestered with those as a "full
contribution" elsewhere? Maybe the ungodly heat and humidity here in
Beantown is slowing down my brain. I said "ungodly" because my office
just got a call from Satan asking for his weather back.

Stuart O. Bronstein

unread,
Aug 10, 2018, 11:00:40 AM8/10/18
to
Jeff Wisnia <jwisnia1...@comcast.net> wrote:

> BTW I'm really unable to decipher what the last line in your post
> meant Stuart. How do I consider being pestered with those as a
> "full contribution" elsewhere? Maybe the ungodly heat and humidity
> here in Beantown is slowing down my brain. I said "ungodly"
> because my office just got a call from Satan asking for his
> weather back.

Sorry, that was meant as a sort of joke - if you receive solicitations,
then the charity you wanted to get money is getting money from selling
your name, so you don't have to send them any more and they will still
be getting more - the gift that keeps on giving.

--
Stu
http://DownToEarthLawyer.com

John Levine

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Aug 10, 2018, 6:52:04 PM8/10/18
to
In article <qsOdndIzVrWM9_bG...@giganews.com>,
Jeff Wisnia <Jwis...@DUMPTHIScomcast.net> wrote:
>If they are not such "offers" then it doesn't seem like that Form 1500
>thing would be appropriate.

The case law is crystal clear that it's solely up to the recipient of
the mail (you) whether it's offensive. File the PS1500 and see what
happens.

You might also look at https://dmachoice.thedma.org/

The DMA's "mail preference" list is widely used as do-not-exchange.
I've been on it for a long time and I do not get much junk mail
from strangers. Ignore everything but the paper junk mail opt-out,
in particular ignore the e-mail opt-out which (surprise) does nothing.

Stuart O. Bronstein

unread,
Aug 10, 2018, 11:02:52 PM8/10/18
to
"John Levine" <jo...@taugh.com> wrote:

> The DMA's "mail preference" list is widely used as
> do-not-exchange. I've been on it for a long time and I do not get
> much junk mail from strangers. Ignore everything but the paper
> junk mail opt-out, in particular ignore the e-mail opt-out which
> (surprise) does nothing.

Actually exercising an email opt out does something - it confirms that
your email address is valid, thus encouraging more email.

--
Stu
http://DownToEarthLawyer.com

John Levine

unread,
Aug 11, 2018, 10:41:52 AM8/11/18
to
In article <XnsA93AA37687FEEs...@130.133.4.11>,
That turns out to be a 20 year old urban legend. The FTC did some
tests and found that to the extent that makes any difference at all,
the spam decreased a little.

In practical terms, spammers have more addresses than they can use.
When buying and selling lists, the minimum increment is a million
addresses. Why would they waste time with people who have shown that
they're likely to complain?

The DMA's optout list is particularly unlikely to get you more spam,
first because hardly anyone uses it, and second because the few that
do use it are DMA members which are companies with reputations they
don't want to damage.

Arthur Rubin

unread,
Aug 12, 2018, 12:48:09 PM8/12/18
to
On Monday, August 6, 2018 at 3:28:12 PM UTC-7, 2thetru...@gmail.com wrote:
> Must file letter with Credit Reporting agencies (agencies are business or organization = commerce and we r customers by force)
Credit reporting agencies don't send you
unsolicited mail.

Creditors (and sometimes prospective
creditors) do.

This pushing the edge of the charter of
this newsgroup, but the post I am replying
to does also.

--
Arthur Rubin

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