New Jersey Legislature Considers “Do Not Mail” Law

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New Jersey Legislature Considers “Do Not Mail” Law


The holiday season is upon us and for many readers of this blog – direct marketers and consumers alike – holiday season is catalog season.   If a state legislator from Cape May, NJ has his way, however, retailers may soon need to take extra precautions when mailing to residents of the Garden State.

Earlier this month, a New Jersey state assemblyman introduced a bill, a 3899, that would create a statewide “Do Not Mail” list, along the lines of the state’s “Do Not Call” law.  The bill, if enacted into law, would make it illegal to send mail to an address listed on the “Do Not Mail” list, subject to the penalties contained in the New Jersey Consumer Fraud Act (a fine of up to $10,000 for a first offense, and $20,000 for subsequent offenses).

Reaction to the proposed bill has been swift, with regional industry groups uniting in opposition even before the bill was formally introduced, citing the likely negative impacts on multiple industries in addition to the direct mail industry itself.  A legislative solution is also unnecessary in light of the options that have existed for decades for people who do not wish to receive catalogs or other offers by mail, including the Direct Marketing Association’s opt-out service.

The bill, if enacted, could have far-reaching effects on any direct marketer mailing to customers in New Jersey.  We will continue to monitor this bill as it progresses.

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