State Do Not Mail Registry Bills – 2008

The 2008 state legislative year began with nine states having bills that would create state-run Do Not Mail registries -- seven states carried over legislation from their 2007 session and two states filed new bills at the beginning of the session. Mail Moves America is actively working with state business groups and communicating with legislators about the importance of direct mail for consumers, businesses and the economy. The following is a summary of the current state bills.

Hawaii

S. 908 provides for the establishment of a state Do Not Mail Registry and requires the Department of Commerce and Consumer Affairs “to work with postal authorities and private entities to ensure that persons on [the] registry do not receive unwanted solicitations.” The bill was referred to the Committee on Commerce, Consumer Protection and Affordable Housing, the Judiciary Committee, and the Committee on Ways and Means. This bill carried over to the 2008 session. The legislature adjourned on May 1, 2008 and as a result, the bill died.

HB2592 provides for the establishment of a state Do Not Mail Registry and requires the Department of Commerce and Consumer Affairs "to work with postal authorities and private entities to ensure that persons on [the] registry do not receive unwanted solicitations." The bill has been referred to the Consumer Protection and Commerce, Judiciary and Finance Committees. The legislature adjourned on May 1, 2008 and as a result, the bill died.

Illinois

SB2115 requires the Attorney General to create a “Junk Mail Opt-Out List” for Illinois residents who do not want to receive “junk mail.” The bill has been referred to the Senate Rules Committee.

Maryland

HB53 would require the Division of Consumer Protection of the Office of the Attorney General "to establish and provide for the operation of a restricted mailing registry; require a person that sends certain solicitations to certain consumers to purchase the registry and updates to the registry from the Division; and prohibit a person from sending certain solicitations to certain consumers after a certain period of time." This bill has been withdrawn by the sponsor. The legislature adjourned on April 7, 2008 and as a result, the bill died.

Michigan

H. 4199 directs the Public Service Commission to establish a Do Not Mail list of residents who have indicated they do not wish to receive mail solicitations. The bill requires mail solicitations to include the full name of the entity for whom the communication was mailed and a telephone number. The bill was referred to the House Committee on Commerce. This bill carried over to the 2008 session.

New Hampshire

HB 1506 directs the Consumer Protection and Antitrust Bureau of the Department of Justice to establish and operate a registry of state residents who do not wish to receive solicitations. The bill was referred to the House Commerce Committee, where a hearing was held on January 24, 2008. In a voice vote on the floor on February 6, 2008, the New Hampshire House designated the bill "inexpedient to legislate", essentially voting it down. The legislature adjourned on June 3, 2008 and as a result, the bill died.

New York

A. 2520 directed the Consumer Protection Board to establish and maintain a Do Not Mail/E-Mail State Registry listing consumers who do not wish to receive unsolicited direct mail marketing materials. The bill was withdrawn by the sponsor.

S. 1403 directs the Consumer Protection Board to establish a registry of consumers who do not want to receive unsolicited direct mail marketing. The bill also directs the board to provide a way for consumers to register via a toll-free telephone number. The bill was referred to the Consumer Protection Committee. This bill carried over to the 2008 session. The legislature adjourned on June 24, 2008, subject to call, and as a result the bill has likely died for this year.

North Carolina

H1699 directs the North Carolina Utilities Commission to contract with a designated agent to maintain a “junk mail” opt-out list. The bill was referred to the House Committee on Judiciary 1. This bill carried over to the 2008 session.The legislature adjourned on July 18, 2008 and as a result, the bill died.

Pennsylvania

HB2551 directs the Bureau of Consumer Protection in the Office of the Attorney General to establish a state Do Not Mail registry. The legislation, as introduced, provides for no exemptions to the requirements. The bill has been referred to the House Consumer Affairs Committee.

Rhode Island

RI H 6190 directs the Public Utilities Commission to contract with a designated agent to maintain a Do Not Mail database listing postal patrons who do not wish to receive junk mail. bill was referred to the House Constituent Services Committee, where a hearing was held on March 29, 2007. This bill carried over to the 2008 session. The legislature adjourned on June 21, 2008 and as a result, the bill died.

Tennessee

SB3760 creates an “unsolicited junk mail” list for residential mail recipients who do not want to receive unsolicited direct marketing materials. The list would be administered by the Division of Consumer Affairs of the Department of Commerce and Insurance. The bill has been withdrawn by the sponsor. The legislature adjourned on May 21, 2008 and as a result, the bill died.

Vermont

VT H 409 directs the state Attorney General to establish a Do Not Mail registry for residents who object to receiving solicitations. A solicitation is defined as any communication via mail for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. This bill carried over to the 2008 session. The House Commerce Committee held a hearing on the bill on February 7, 2008, but took no further action. The legislature adjourned on May 3, 2008 and as a result, the bill died.

Washington

H. 1205 directs the attorney general to establish and maintain a Do Not Mail Registry. The bill was referred to the Committee on Commerce and Labor. This bill carried over to the 2008 session. The legislature adjourned on March 13, 2008 and as a result, the bill died.

S. 5719 directs the attorney general to establish and maintain a Do Not Mail Registry. The bill was referred to the Committee on Consumer Protection and Housing. A hearing was held February 8, 2007. This bill carried over to the 2008 session. The legislature adjourned on March 13, 2008 and as a result, the bill died.

If you would like additional information about DMA’s advocacy efforts, please contact Ron Barnes at rbarnes@the-dma.org.

updated: Monday, December 15, 2008 9:56 AM