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junk mail
``` [Someone could make a rubber stamp containing the contractual language mentioned here, handy for stamping on checks and probably some other kinds of paperwork as well.]
Date: Tue, 23 Jan 96 14:07:16 EST
From: Computer Privacy Digest Moderator
Computer Privacy Digest Tue, 23 Jan 96 Volume 8 : Issue: 008
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From: Beth Givens
A San Diego man, Bob Beken, recently won an interesting suit in Small Claims Court against Computer City involving unwanted mail solicitations. He purchased some items at Computer City (owned by Tandy, which also owns Radio Shack and Incredible Universe) and paid by check. When he noticed the clerk keying his name and address into the computer at the checkstand, he asked if he was going to get any junk mail as a result. He was told 'no.'
As a precaution, Beken took the check back and wrote a short contract on the back: "Computer City agrees NOT to place Robert Beken on any mailing list or send him any advertisements or mailings. Computer City agrees that a breach of this agree- ment by Computer City will damage Robert Beken and that these damages may be pursued in court. Further, that these damages for the first breach are $1,000. The deposit of this check for payment is agreement with these terms and conditions."
After some discussion with another clerk, Computer City accepted the check. In the ensuing months, Beken received four mail solicitations from Computer City. He wrote two letters in protest but received no reply.
Beken then took his case to Small Claims court. The judge agreed that a contract had been broken and awarded Beken $1,000 plus court costs of $21. Beken has since written a book (self-published) about his winning method.
Is this a significant victory? I think so. A court has agreed that a consumer has a right to say "no" to junk mail and to have the request honored. Perhaps this case, along with the Avrahami case, will serve as wake up calls to the direct marketing industry. Consumers want and deserve to be able to control what enters their mailboxes. Your thoughts??
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Beth Givens Voice: 619-260-4160 Project Director Fax: 619-298-5681 Privacy Rights Clearinghouse Hotline (Calif. only): Center for Public Interest Law 800-773-7748 University of San Diego 619-298-3396 (elsewhere) 5998 Alcala Park e-mail: bgivens@acusd.edu San Diego, CA 92110
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End of Computer Privacy Digest V8 #008
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