TIMELINE

Sept. 19, 2005

Conservative mailers are crying foul over a court ruling that bulk mailings by nonprofit UNITED SENIORS ASSOCIATION INC. may have misled senior citizens into thinking they were receiving official correspondence from the Social Security Administration. The Fourth U.S. Circuit Court of Appeals in Virginia upheld a decision by a Social Security administrative law judge that envelopes mailed by the United Seniors Association used phrases such as “Social Security Alert” and “Social Security Information Enclosed” in violation of the Social Security Act. The court also upheld a $554,196 fine against USA Next, as the conservative lobbying group is now known. The law that USA Next was accused of violating bans using 19 phrases and letter combinations, such as “Federal Benefit Information” and “SSI,” on direct mail envelopes in ways that could confuse recipients. Mark J. Fitzgibbons, president of corporate and legal affairs for conservative direct response agency American Target Advertising, argues that the decision “may result in the government having a monopoly on certain words and phrases.” The decision also means that “Congress can preserve lines of communications with citizens to the exclusion of direct mailers,” Fitzgibbons added. “Of all the decisions that have gone against the industry, this one has the potential to be the worst because it creates a new standard.”

THE FEDERAL TRADE COMMISSION'S

National Do Not Call Registry grew to 88 million telephone numbers in 2004, according to the Federal Communications Commission's annual report to Congress. Moreover, consumers listed on the registry reported an 80% reduction in telemarketing calls. But some calls are still getting through: By the end of 2004, more than 675,000 complaints had been received from do-not-call registrants who were phoned. The FCC is required to report to Congress on the status of the registry every year.