Postal Service Form 1500

Postal Service Form 1500

Under the Pandering Advertisements Statute, 39 USC 3008, you can apply for a Prohibitory Order from the US Postal Service against any mailer who sends you an advertisement which you consider to be "erotically arousing or sexually provocative and therefore is a pandering advertisement". The Application for this Prohibitory Order is available in PDF format from the US Postal Service website at http://www.usps.com/forms/_pdf/ps1500.pdf.

Note that it is *your* determination of "erotically arousing or sexually provocative", not that of the US Postal Service or anybody else. If you have any difficulties on this point, you can refer the US Postal Service employee to page 13 of Postal Bulletin 21977 (7-30-98), available on the Web at http://www.usps.com/cpim/ftp/bulletin/1998/pb21977.pdf, which states, in part:

           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.

See also http://www.usps.com/judicial/2004deci/03-393id.htm.

To give credit where credit is due, I have stolen most of these links, and several of these ideas, from the fine folks at http://www.junkbusters.com.

For quite a while I had been receiving mailings, about once a month, from

          ACPA
          355 INDUSTRIAL CIR
          WHITE CITY OR   97503-1096

Each of these mailings said that my subscription to Time or to US News & World Report, or some similar general-interest magazine, was about to expire, and that it was time to renew my subscription. They even provided a handy renewal form. All well and good, except that I had never subscribed to any of these magazines.

Some research on the Web led to the discovery that ACPA was "American Consumer Publishing Association", and that there were various anecdotal reports about their scummy behavior, for example http://twiki.cageyconsumer.com/AmericanConsumerPublishingAssociationDiatribe. The Better Business Bureau had issued an alert about them (http://www.spokane.bbb.org/alerts/alerts.html?newsid=249), and the Oregon State Attorney General was investigating them (http://www.doj.state.or.us//releases/rel020403.htm). The filings of their parent company, Raybor Management, with the Securities and Exchange Commission make entertaining reading.

None of which is relevant here, as I had already determined, in my sole judgement, that the mailings of ACPA were erotically arousing or sexually provocative, and were therefore pandering advertisements. Accordingly I filled out Form 1500, and mailed it, along with an opened example of one of ACPA's mailings, to the US Postal Service. They issued Prohibitory Order Number 001130259-SSW, dated 14 January 2005, against ACPA.

This did not stop the mailings. ACPA continued to send me other, similar mailings, so I applied again, and received another Prohibitory Order, number 001130259-JHR, dated 10 June 2005, against ACPA. This one seems to have worked.

Recently, however, another firm,

          PUBLISHER'S PROCESSING SERVICE, INC
          P. O. BOX 60116
          CHICAGO IL   60660-0116

sent mailings to me which were identical in content (even down to the typeface and layout) to the mailings of ACPA. I have no idea how or even if Publisher's Processing Service is connected to ACPA, but I determined, again in my sole judgement, that the mailings of Publisher's Processing Service were also erotically arousing or sexually provocative, and were therefore also pandering advertisements. Accordingly I have applied for a Prohibitory Order against Publisher's Processing Service.

Also

          PUBLISHERS BILLING SERVICES, INC
          P. O. BOX 58600
          SALT LAKE CITY UT  84158-0600

sent identical mailings to me. I also determined, again in my sole judgement, that the mailings of Publishers Billing Services were also erotically arousing or sexually provocative, and were therefore also pandering advertisements. Accordingly I have also applied for a Prohibitory Order against Publishers Billing Services. The USPS issued Prohibitory Order Number 001143594-CPG, dated 7 July 2006, against Publishers Billing Services.

The following is not relevant to the use of Form 1500, but Publishers Billing Services, Inc., is apparently a commercial entity with an address in Utah. A quick check using the Business Entity Search service of the Utah Department of Commerce reveals the following:

Name                     PUBLISHERS BILLING SERVICES, INC. 
Type                     Corporation
City                     Salt Lake City
Status                   Active

Business Name:           PUBLISHERS BILLING SERVICES, INC.
Entity Number:           5920919-0143
Registration Date:       05/25/2005
State of Origin:         NV

Address                  1373 S 1500 E 
                         Salt Lake City, UT 84105
 
Status:                  Active
Status Description:      Good Standing
This Status Date:        05/25/2005
Last Renewed:            N/A
License Type:            Corporation - Foreign - Profit
Delinquent Date:         05/25/2006

Registered Agent:        JEFFREY L HUTCHINGS
Address Line 1:          1373 S 1500 E
Address Line 2: 
City:                    Salt Lake City
State:                   UT
Zip:                     84105

Additional Information
NAICS Code:              5111
NAICS Title:             5111-Newspaper, Periodical, Book, and Da

(the last word is cut off in the display as provided by the website).

The following is also not relevant to the use of Form 1500, but an advertisement was placed on page 54 of the Summer 2005 issue of Bible Review, which reads as follows:

SUBSCRIBER ALERT!
	Subscribers to ARCHAEOLOGY ODYSSEY, BIBLE REVIEW, and BIBLICAL ARCHAEOLOGY REVIEW magazines have been receiving renewal notifications, subscription offers and invoices in the mail from the following companies: American Consumer Publishing Association Associated Publishers Global Publication Service Lake Shore Publishers Service Lake Shore Publishing Service Magazine Billing Services, Inc. Magazine Payment Services, Inc. Platinum Publishing Service Publishers Billing Services Publishers Consolidated Subscription Service Publishers Education Service Publishers Marketplace of America Publishers Processing Services, Inc. Publishers Service Exchange Publishers Service Network Subscription Payment Services United Publishers Network These companies are not authorized representatives of ARCHAEOLOGY ODYSSEY, BIBLE REVIEW, and BIBLICAL ARCHAEOLOGY REVIEW or the Biblical Archaeology Society. Please do not send them any money as they cannot renew your subscription. Thank you for your help in this important matter.

Of the seventeen companies on that list, I have to date received a Prohibitory Order against one and applied for Prohibitory Orders against two others.

Similarly, the webpage of Guitar Player magazine placed a Subscriber Alert dated 8 November 2005 at http://www.guitarplayer.com/story.asp?storycode=11602 saying much the same thing as the notice in Bible Review.

In January 2006 I received another mailing, identical in form and content to the mailings mentioned above, but this time from

          PUBLISHERS BILLING EMPORIUM, INC
          P. O. BOX 1787
          PROVO UT  84603-1787

The Business Entity Search service of the Utah Department of Commerce shows this:

Name                        PUBLISHERS BILLING EMPORIUM, INC.
Type                        Corporation
City                        Unknown
Status                      Active

Business Name:              PUBLISHERS BILLING EMPORIUM, INC.
Entity Number:              6055544-0142
Registration Date:          11/17/2005
State of Origin:

Address
                            Unknown, NA 00000

Status:                     Active
Status Description:         Good Standing
This Status Date:           11/17/2005
Last Renewed:               N/A
License Type:               Corporation - Domestic - Profit
Delinquent Date:            11/17/2006

Registered Agent:           NICOLE HOYAL
Address Line 1:             389 N 700 E
Address Line 2:
City:                       Provo
State:                      UT
Zip:                        84606

Additional Information
NAICS Code:                 9999
NAICS Title:                9999-Nonclassifiable Establishment
Stock Class 1 Amount:       100
Stock Class 1 Type:         COMMON

Publishers Billing Emporium is also mentioned at http://www.courthousenews.com/Jump.May.26.htm.

In any case I determined, again in my sole judgement, that the mailings of Publishers Billing Emporium were also erotically arousing or sexually provocative, and were therefore also pandering advertisements. Accordingly I have also applied for a Prohibitory Order against Publishers Billing Emporium.

In May 2006 I received another mailing, identical in form and content to the mailings mentioned above from American Consumer Publishing Association, Publisher's Processing Service, Publishers Billing Services, and Publishers Billing Emporium, but this time from

          PERIODICAL BILLING SERVICES, INC
          P. O. BOX 939097
          SAN DIEGO CA   92193-9097

The toll-free number on the mailing is 1-800-973-6152

A quick search of the website of the Califirnia Secretary of State (at http://kepler.ss.ca.gov/list.html) shows no business by that name is registered in California.

Some quick Web searching showed that Periodical Billing Services had come to the attention of MSNBC. See http://redtape.msnbc.com/2006/01/beware_magazine.html for details.

In any case I determined, again in my sole judgement, that the mailings of Periodical Billing Services were also erotically arousing or sexually provocative, and were therefore also pandering advertisements. Accordingly I have also applied for a Prohibitory Order against Periodical Billing Services.

In July 2006 I received another mailing, identical in form and content to the mailings mentioned above from American Consumer Publishing Association, Publisher's Processing Service, Publishers Billing Services, and Publishers Billing Emporium, and Periodical Billing Services, but this time from

          SUBSCRIPTION BILLING SERVICE
          438 E. SHAW AVE., # 269
          FRESNO CA   93170-7602

The toll-free number on the mailing is 1-800-582-2419

The address on the mailing (438 E. Shaw Ave, in Fresno) is that of a "The UPS Store" franchise, and the "# 269" part of the address is the Postal Mail Box (PMB) number used by this customer.

A quick search of the website of the Califirnia Secretary of State (at http://kepler.ss.ca.gov/list.html) shows no business by that name is registered in California.

In any case, I determined, again in my sole judgement, that the mailings of Subscription Billing Service were also erotically arousing or sexually provocative, and were therefore also pandering advertisements. Accordingly I have also applied for a Prohibitory Order against Subscription Billing Service.

The USPS issued Prohibitory Order 001144425-CPG, dated 11 August 2006, against Subscription Billing Service.

Other mailers served with Prohibitory Orders:

When mailings started	Mailer and address	Notes	Prohibitory Order number	Date issued

June 2006	MAFC RESIDENTIAL 4501 SINGER COURT SUITE 130 CHANTILLY VA 20151	"1.877.USE.MAFC" (1-877-873-6232) http://www.mafcresidential.com	001143593-CPG	7 July 2006
July 2006	DOMAIN REGISTRY OF AMERICA 2316 DELAWARE AVENUE #266 BUFFALO NY 14216-2687	The address belongs to a "The UPS Store" franchise, with the "#266" part of the address being the Postal Mail Box (PMB) number used by this customer. The correct address of Domain Registry of America is: "7100 Warden Ave, Unit 8, Markham, ON L3R 8B5, Canada". The phone number in the mailing is "866-434-0212" (the direct number is actually "905-479-2533"), and their website is www.droa.com. See also http://www.ftc.gov/opa/2003/12/domainreg.htm	001144424-CPG	11 August 2006
September 2006	BLACK EXPRESSIONS P O BOX 6461 CAMP HILL PA 17012-6461	"Black Expressions" (http://www.blackexpressions.com) is a façade for Bookspan, 1225 South Market St., Mechanicsburg PA 17055	2001298	13 Oct 2006
September 2006	TRANSAMERICA LIFE INSURANCE CO P O BOX 2420 LITTLE ROCK AR 72201-9764	http://www.transamerica.com	2001340	13 Oct 2006
September 2006	AA MORTGAGE GROUP LLC 7313-D GROVE RD FREDERICK MD 21704	1-866-846-0811 http://www.aamortgagegroup.com 301-846-9002	2001299	13 Oct 2006
November 2006	WARRANTY ACTIVATION HEADQUARTERS 12244 TESSON FERRY ROAD ST LOUIS MO 63128	1-800-376-5553 http://www.warranty-hq.com	2007231	25 May 2007
Early 2007	MUSICAL HERITAGE SOCIETY 1710 HIGHWAY 35 OAKHURST NJ 07755	http://home.pon.net/rhinoceroslodge/musical_heritage_society_a.htm has some out-of-date but still scathing words about Musical Heritage Society and how it operates.	2007228	25 May 2007
January 2007	MEADOWS OF CHANTILLY 4200 AIRLINE PARKWAY CHANTILLY VA 20151	http://www.equitylifestyle.com	2007229	25 May 2007
February 2007	MAFC RESIDENTIAL 5885 TRINITY PARKWAY SUITE 370 CENTREVILLE VA 20120	Apparently the Prohibitory Order I obtained earlier (see above) wasn't enough.	2007230	25 May 2007
May 2007	KOONS AUTOMOTIVE SUPERSTORE 5001 AUTH WAY MARLOW HEIGHTS MD 20746	1-800-339-4584	2007232	25 May 2007
May 2007	HENRY MADISON RESEARCH INC P O BOX 84908 PHOENIX AZ 85071	1-800-509-5400, Hawking the "U.S. & World Early Warning Report" (EWR), by Richard Maybury (http://www.chaostan.com). A box on page 2 says, in part, "This publication is sold to you only on the condition that it will not be reproduced in whole or in part by any means without written permission from the publisher." Since they didn't sell it to me, but sent it to me free of charge, I'm not bound by this condition :)	2007233	25 May 2007
May 2007	THE GREAT COURSES 4151 LAFAYETTE CENTER DRIVE, SUITE 100 CHANTILLY, VA 20151-1232	1-800-TEACH-12 (1-800-832-2412), http://www.thegreatcourses.com, hawking audiotapes/audio CDs of classroom lectures.	2008174	6 July 2007
May 2007	THE DOUGLASS REPORT P.O. BOX 925 FREDERICK, MD 21705-9913	Hawking the alleged medical claims of William Campbell Douglass II, MD. Agora Financial (http://www.agorafinancial.com) uses the same P.O. Box.	2008175	6 July 2007
May 2007	CEDAR HILL CEMETERY 4111 PENNSYLVANIA AVENUE SUITLAND, MD 20746	"Pre-purchase your cemetery space!" 1-301-568-5400 The included Business Reply Mail envelope is pre-addressed to Cemetery Space Pre-Purchase Program Cemetery Fulfillment Center 155 Rittenhouse Circle Bristol, PA 19007-9928	2008106	6 July 2007
May 2007	MYSTIC RIDGE ATOP QUEEN'S LAKE 37 HAYWOOD STREET, SUITE 200 ASHEVILLE, NC 28801	1-866-977-4455, http://www.mystic-ridge.com	2008105	6 July 2007
June 2007	TRUMP 1050 CONNECTICUT AVENUE, 10TH FLOOR WASHINGTON, DC 20036	1-800-748-5254, Hawking attendance at a "Creating Wealth Summit" featuring one of Donald Trump's assistants. The return address is in Washington DC, but the postmark indicates it was "mailed from zipcode 84199" (which is the main post office in Salt Lake City, Utah).	2008173	6 July 2007

Just because I apply for a Prohibitory Order doesn't necessarily mean I'll get one.

I received a notice from USPS Prohibitory Order Processing, PO Box 1500, New York, NY 10008-1500, dated 04/14/2006, saying that my case number 001141850-ARW (no clue which of my Prohibitory Order applications this refers to) saying that "We cannot issue a Prohibitory Order against a mailer of an invoice/bill". I wrote back pointing out that in each of my applications where the mailpiece appeared to the casual observer to be a bill, the mailpiece included text in a prominent color (usually red) stating that it is "NOT A BILL". As a result (I said), I looked forward to their prompt issuance of the requested Prohibitory Order. No further action appears to have been taken.

I received a notice from USPS Prohibitory Order Processing, PO Box 1500, New York, NY 10008-1500, dated 06/16/2006, saying that my case number 001143139-ARW, again with no clue as to which of my Prohibitory Order applications this refers to. This one said that additional information or supporting material is needed for processing my application, but none of the reasons were checked. So I wrote back saying that since they provided no reason for any delay, I looked forward to their prompt issuance of the requested Prohibitory Order.

Then I received a letter from USPS Prohibitory Order Processing, PO Box 1500, New York, NY 10008-1500, dated 07/21/2006, referring to case number 001143829-ARW, again no clue which of my Prohibitory Order applications this refers to, but saying that "the caserecord for case number 1143139-ARW has been misplaced", and asking me to help them rebuild it. I wrote back saying this was the teensiest bit impossible, as (1) I didn't know which mailer this was in reference to, and (2) I no longer had the original mailing, as I had attached the entire mailing to the application when I filed it (this is a requirement of the Application). I also said that I was confident that the USPS would soon find their misplaced caserecord, and then promptly issue the requested Prohibitory Order. No further action appears to have been taken.