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Summary

Since 2007, at least 19 state legislatures have introduced legislation that would require the creation of state Do Not Mail (DNM) registries. In 2008, 12 states had pending DNM legislation. Although each state's DNM initiative is unique, all attempt to curb the delivery of unsolicited advertising mail -- often referred to as "junk mail or "direct mail marketing." Each state's bill would permit a resident to submit his or her name and address to a state agency or department, which would compile all the names and addresses into a registry that would then be distributed to direct mail marketers. Marketers who knowingly ignored the registry and sent unsolicited direct mail advertisements to individuals on a state's registry could be charged a fine for each infraction. While no federal DNM legislation is currently pending, some Members have expressed an interest in the subject, and constituents regularly request information about junk mail. Proponents of DNM policies have claimed that advertising mail harms the environment, renders recipients more susceptible to identity theft and consumer fraud, and is a time-wasting nuisance. The United States Postal Service (USPS) and direct mail marketers, however, argue that the environmental impact from advertising is minimal, fraud or identity theft linked to mailings is rare, and "time-wasting" is in the eye of the beholder. While environmental and consumer protection groups have advocated the creation of the DNM registries, direct mail marketers and the USPS have offered alternative solutions to legislation, including Do Not Mail initiatives managed by direct mail marketers themselves. Estimates suggest $60 billion -- or 21% of all advertising dollars in the United States -- is spent on advertising mail. In 2007, USPS generated more than a quarter of its revenue -- $20.7 billion -- from Standard Mail, the service's categorization for most advertising mail. The Direct Marketing Association estimates that nearly 460,000 people were directly employed by direct mail marketing -- including printers, graphic designers, and catalog creators in 2007. An additional 3.1 million people were indirectly employed in jobs affected by direct mail marketing -- including manufacturers, customer service employees, mail deliverers, and warehouse workers. USPS estimates it could lose between $4 billion and $10 billion in revenue if all states passed a DNM registry and all consumers registered for it. This report examines the state level initiatives to create Do Not Mail registries, and analyzes their potential effects on the environment and the economy should they be implemented. It also notes, but does not exhaustively analyze, possible constitutional impediments to state DNM registries. In addition, the report reviews existing methods to reduce or eliminate the delivery of unsolicited advertising mail. This report concludes with federal legislative options that could affect direct mail marketing. This report will be updated when events warrant.

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