Archive for the ‘Phone Books’ Category

No Fundamental Right

Sunday, September 18th, 2011

On Friday, Judge Robart published another ruling on the Seattle Phone Book Ordinance.  Consistent with his first ruling, the Judge ruled in favor of the City.

Two of the critical issues ruled on by the judge relate to whether the Ordinance interferes with the publishers ability to conduct their business and whether the publishers have a right to deliver the directories to residents that do not want them.

The judge’s ruling on these two issues is clear. He states:

…. nothing in the Ordinance at issue here prevents Plaintiffs from engaging in or carrying on business. Rather, it simply imposes certain business regulations upon Plaintiffs, such as licensing and waste recovery fees, the submission of annual reports, and compliance with the City’s opt-out program. See, e.g., SMC 6.255.050-060 (license application and fee); SMC 6.255.100 (recovery fee); SMC 6.255.080 (annual reports); SMC 6.255.090 (opt-out registry).

As the City points out, there is no fundamental right to deliver yellow pages directories to the doorsteps of residents who do not want them. See Rowan v. Post Office Dep’t, 397 U.S. 728, 738 (1970) (“We categorically reject the argument that a vendor has a right . . . to send unwanted material into the home of another.”). Nor can the court find any basis for the existence of a fundamental right to employ an industry-sponsored yellow pages opt-out mechanism instead of the City’s opt-out program,(19) to avoid licensing or recovery fees, or to avoid the submission of the type of annual reports required by the Ordinance.

For those interested in reading the judge’s entire  order, you can get a copy here.

Call to Opt-Out (Seattle only)

Monday, July 11th, 2011

 

Don’t have a computer?  You can opt-out of unwanted phone books in Seattle by using your phone.

Simply call (206) 504-3066 and follow the instructions.  This only works for Seattle residents at this time.

Your community can get their own phone number too.  Just contact us to learn how.

 

Court Rules in Favor of Seattle

Wednesday, June 29th, 2011

US District Court Judge James L Robart ruled in favor of the City of Seattle in the court case challenging the legality of the Seattle Phone Book Opt-out Registry.  This ruling comes around 75 days after the judge overturned the plaintiffs request for a preliminary injunction.

The summary of the 40 page court ruling is:

  1. The City’s ordinance does not violate the first amendment
  2. Yellow pages are found to be commercial speech. The Constitution accords less protection to commercial speech than to other constitutionally safeguarded forms of expression.
  3. Commercial and Noncommercial Speech Are Not “Inextricably Intertwined” in the Yellow Pages.
  4. The ordinance satisfies the intermediate scrutiny of Central Hudson -A restriction on commercial speech must satisfy the four-part test announced in Central Hudson:  (1) the speech concerns lawful activity that is not misleading.  This test was not challenged. (2) the government interest is substantial.  The court found that the City’s interests are substantial:  three primary interests in enacting the Ordinance, summarized as (1) waste reduction, (2) resident privacy, and (3) cost recovery.  The final two tests are collapsed into a single inquiry of whether the City has shown a reasonable fit between the government’s ends and the means chosen to accomplish those ends – (3) the regulation directly advances that interest; and (4) the regulation is not more extensive than necessary. The court found that he Ordinance’s opt-out registry, recovery fee, and license requirement all “provide more than ineffective or remote support” for the City’s stated interests. First, the opt-out registry provides the City a means to enforce residents’ choices and is limited because it only restricts delivery to those individuals who do not wish to receive yellow pages directories.  Second, the “recovery fee is intended to reflect the cost to the City of administering the Opt-Out Registry” and thus is a precise means to recoup the opt-out registry’s actual costs.
  5. The City’s required message on the cover of the phone book does not violate the First Amendment
  6. The ordinance does not discriminate against interstate commerce

In the end, the courts ruled that the City has a right to manage waste at the source by providing an opt-out registry that includes a real penalty for non-compliance.

We have worked diligently to enhance our service to provide Seattle with a registry that can manage the opt-out requests via the web, phone and mail-in options.  We have enhanced our service to align to the rules set forth in the ordinance so that Seattle residents can easily submit a complaint if the they get a phone book after opting out.  We are working collaboratively with the phone book distributors to ensure that they get the data in a timely manner and can honor the requests.

You can read the full court order here.

Much Bigger than Our Name

Tuesday, June 14th, 2011

We’ve outgrown our name because Catalog Choice is now so much more than catalogs. If a company is in your mailbox or on your doorstep – phonebooks, banks, coupons, charities – they are in our scope of work.

Non-Catalog Mailers?

We’ve added thousands of companies and nonprofits to the database. Just  search for the name of the company or organization the same way you look for a catalog title.

Association Search

Too Many Credit Card Offers?

The Federal Government requires the three national credit bureaus to operate this opt-out site: Opt Out Prescreen. This link will take you to their site, through Catalog Choice, so there is a permanent record of your request in your account. Note: they will ask for your social security number.

Opt Out Prescreen

Want to Stop Phone Book Delivery?

We are working with the telephone directory publishers to improve the phone book opt-out process. To opt out of phone book delivery enter your zip code in the search bar. The search results will show the phone books delivered in your neighborhood. Select each one you do not want to receive. While some are easier to contact than others, we are working to get all phone book companies to participate and honor your delivery preferences.

Phone Book Search

So don’t limit yourself to catalogs. Opt out of all unwanted clutter that shows up in your mailbox or on your doorstep today.

Seattle City Council votes to reduce phone book waste

Monday, October 11th, 2010

What started as a resolution to request the State of Washington to require a do not mail registry had turned into the nation’s first law that requires an opt-out service for advertising material.  In the name of consumer choice and zero waste, the City of Seattle has passed Council Bill Number 116954:

AN ORDINANCE relating to solid waste reduction; establishing license requirements for publishers of yellow pages phone books; establishing an opt-out registry and a recovery fee for yellow pages phone books, and amending the Seattle Municipal Code by creating a new Chapter 6.255.

The following press release was published by the City shortly after the vote.

SeattleResidents and businesses tired of getting two or three – or more – unwanted yellow pages phone books will soon have an efficient, effective way to stop those deliveries following today’s 8-1 City Council vote.

The new Seattle ordinance also requires yellow pages publishers to begin paying for recycling of unwanted and outdated yellow pages directories beginning next year.

The new law creates an Opt-Out Registry that Seattle residents and businesses can access on the web, by phone or by mail and requires yellow pages publishers to pay the costs of operating the registry, for which the City expects to hire a contractor. The legislation also sets out penalties for yellow pages publishers who continue to deliver books when requested not to.

“Seattleites are constantly looking for ways to reduce their impact on the environment, and the Council has heard from an overwhelming number of people who don’t want phone books,” said Councilmember Mike O’Brien, who chairs the committee and is the prime sponsor of the legislation. “Creating a one-stop shop managed by a third party will help reduce clutter, increase residential security, and, save Seattle Public Utilities customers, the people of Seattle, money. This is a win-win for Seattle.”

Based on information supplied by some of the yellow pages publishers, Seattle Public Utilities estimates nearly 2 million yellow pages phone books are dropped off in Seattle every year, costing approximately $350,000 to recycle.

Through the ordinance passed today, the Council established a fee of $0.14 per book, likely declining to $0.07 per book after five years, to pay for the registry. Based on the principle of product stewardship where producers are responsible for recycling their products at end-of life, the legislation also imposed a cost recovery fee on yellow pages publishers, requiring them to reimburse the city for the cost of collecting and recycling discarded phone books, currently $148 per ton.

“This ordinance has national significance as the first phone book opt-out requirement in the country,” said Scott Cassel, Executive Director of the Product Stewardship Institute (PSI). “PSI is using Seattle’s legislation, along with other legislative examples from around the country, to create a model bill for states and municipalities that are ready to follow Seattle’s lead.”

“We will use technology and common sense to give the public the ability to pick and choose which yellow page publications they want to receive and those they do not, all in one spot.  This will not only make opting-out easier, it will also reduce our recycling costs,” said Councilmember Bruce Harrell.

“Combined with the expansion of organic waste services to multi-family housing, our work to reduce unwanted junk mail volumes and implementation of the foam ban earlier this year, the Zero Waste Strategy is decreasing our carbon footprint and keeping Seattle on track to reach the City’s recycling goal of 60 percent,” said Council President Richard Conlin.

“This new law will reduce the number of unwanted phone books left on people’s door steps and small non-profit organizations will be able to continue to distribute guides and directories to their membership or others who wish to receive them,” said Councilmember Tom Rasmussen.

The registry is expected to be ready for use no later than July 1, 2011 and publishers will begin reimbursing the City’s Solid Waste Fund for all 2011 deliveries.

Phone books – time to fix it

Tuesday, September 14th, 2010

What is wrong with this picture?  We have offered to work with the directory publishers to provide Americans with an effective self-regulatory program.  So far, only one of the major publishers has agreed to work with us. Consumer choice regarding telephone directories is broken.  We are on a mission to fix it.  Stay tuned.

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Phone book debate

Monday, January 18th, 2010

Should the delivery of phone books to your home or business be managed through an opt-in or opt-out process?  That is the core of the debate that is brewing across the country right now. The opt-in program means that you have to ask for the phone book – that is the basis of the Colorado bill that was introduced last week.  The Denver Daily reports on the issue.

Rep. Mark Ferrandino, D-Denver, introduced a bill last week that would prohibit a basic telephone service provider from delivering a white page directory or other paper document in excess of one pound unless the customer requests the delivery. A telephone service provider in violation of the proposed law would have to pay a $50 fine per delivery for the first 100 recipients and $1,000 per recipient for subsequent deliveries. Fines would be capped at $100,000 per year.  Read the whole article here.

The Industry trade association, Yellow Pages Association and phone book publishers like Dex, Super Media and Yellow Book want the process to be opt-out.  That is, you are going to get the phone book unless you opt-out.  Quest Communications points to the Dex Select program that let’s you choose how many of the various Dex phone books they will deliver to your home as an example of self regulation.

For their part, Peter Larmey of Dex, the publishing company for Qwest Communications, said he thinks that most customers and lawmakers will not think a bill like Ferrandino’s is necessary because of the phone company’s new Select Your Dex program that was recently unveiled in Colorado. The program was one of the first by phone book providers to allow people to choose how many and what kind of phone book they want.

I decided to take a look at what it takes to stop the phone books to my test address in Boulder, Co.

Here are the results.  First I had to figure out that Dexknows.com is the publisher for my local phone book.  Once I found their site, I had to find the opt-out form. At first glance, I could not find it.  To find the form, you have to know that you should click Select Your Dex from the footer on the dexknows.com website.

Local Business Listings, Maps, Directions, Phone Numbers | DexKnows.com
From the footer link, I get a page that describes the Dex phone books then I click again to a page where I need to enter my zip code and then I get the following form to set my phone book order. That is four clicks to get me to the form.
Dex - Select Your Dex - Order Form
Now I get to fill out the order form.  Don’t forget to change the quantity to 0 if you want to opt-out.   I filled out the form and gave them my email address since it is a required field.  I was not sure why I was giving them my email address, so I created a special one for Dex using the handy Gmail suffix technique.  A couple minutes later, you get a confirmation email with your order.  You will need to keep the confirmation email just in case the phone books show up.  That is one publisher down.
There is also a note that tells me that I need to go to another opt-out site if I want to stop all the phone books.  That site is Yellowpagesoptout.org, which is run by the Yellow Pages Association.  At the Association’s site, I entered my zip code and learned that there are two more publishers that I need to contact.
Yellow Pages Association | Environmental
The first one on the list, Idearc, which recently changed their name to Super Media, has a convenient opt-out form.  The other, Yellowpages, has an opt-out form, but they decided to not list the website in the Association’s directory.  They would prefer to have you call.
So, there you have it.  Opt-in to the phone book or follow the opt-out path above.   As usual, Catalog Choice will not wait for legislation.  We will provide a way for you to easily navigate the opt-out maze and stop a phone book if you want.  If opt-in laws materialize, then we’ll let you make that choice easily too.
What do you think?  Which way should it be – opt-in or opt-out?