How To Stop Unwanted Mail

On 04 May 1970 The United States Supreme Court issued a final decision in a case concerning what was then 39 USC Section 4009 and 4009a and is now 39 USC Section 3008… essentially that decision gave each and every American the power to order the United States Post Office to issue an injunction against any mail sender they deemed the material sent to them to be offensive.

The Unites States Supreme Court additional ruled that only the recipient of the material could make the determination of what was and was not offensive; that the United States Post Office and all other agencies must enforce based on an individuals preferences (not an arbitrary standard).

To exercise your rights under the law in the past you would need to request and execute US Post Office Form 2150 “Prohibitory order against sender of pandering advertisement in the mails” in triplicate.  However the US Post Office has replaced Form 2150 with Form 1500 which is available in PDF

You can return the completed form and the opened envelope from the sender to your local post office or to:

     Pricing and Classification Service Center
     PO BOX 1500
     New York NY 10008-1500

Your local post office will likely try to tell you that you cannot use these forms unless it contains “erotically arousing or sexually provocative matter”, however you can refer them to page 13 of Postal Bulletin 219177 (30 July 1998) and point out:

Postmasters may not refuse to accept a Form 1500 because the advertisement in question does not appear to be sexually oriented.  Only the addressee may make that determination.

Further, Form 1500 includes the following paragraph:

Your obtaining the protection offered through these two programs makes sending prohibited mail to you unlawful. However, it does not make such mailings physically impossible. If you receive an apparently violate mail piece, contact your post office or refer to your notification letter for instructions on submitting the piece as evidence for possible enforcement action.

The article you attach to your a prohibitory order must be opened (postal employees are not permitted to open sealed articles).

 


 

ROWAN, DBA AMERICAN BOOK SERVICE, et al. V. UNITED STATES POST OFFICE DEPARTMENT et al.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

No. 399. Argued January 22, 1970. Decided May 4, 1970

US Code Title 39 Part IV Chapter 30 § 3008

§ 3008. Prohibition of pandering advertisements

 


 

United States Postal Service Administrative Decsions

PART 963 – Rules of Practice in Proceedings Relative to Violations of The Pandering Advertisements Statue, 39, U.S.C. 3008

 

Originally posted 2008-11-02 12:00:41.