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Hello - Happy Friday Everyone.
I have a question regarding shipping ....
My T.O.S. states that shipping to TN, UT, KY, OK is completely prohibited...
I'm curious if others who ship xxx material have the same policy. I'm getting mixed messages. Are we being overly conservative? I'm getting a little tired of turning away hard earned customers because of this. :(
Thoughts / Advice would much appreacited.. thanks! cj
I know from ordering from Titan Media that they also have shipping restrictions for Texas. They made me sign a waiver and mail it back before they would ship any of their extreme hardcore DVDs with piss or fisting.
I have posted on my site 22 states that have zip code restrictions. Many of these are set up by local communities. I suppose you could get away with it. I don't take a chance though. I hate to turn down a potential customer, but then again it could be law enforcement posing. Some of these are entire states. I don't even use the postal system. There are some restrictions that there has to have the package marked that it contains adult content. Maybe I'm being overly cautious, but the environment in the country is rather red.
I've never heard this before. Is that a federal (postal service) restriction, or a restriction imposed by some local communities (which I'd doubt would be enforceable.) If it's federal, do you either have a reference in the DMM or otherwise know where I might go to find the official wording on this? It concerns me because we do ship some material via USPS.Quote:
Originally Posted by dexxxter
BTW, I'm told that the information that you can avoid postal regulations relating to adult content by shipping UPS is apparently no longer correct. Apparently the postal regulations were amended to include packages shipped by package services and couriers.
ok, it took a while to find, they have it buried in the website. I guess after taking a second look as long is it's double enveloped with the appropriate markings, it's cool. There is a lot more to read I just pasted some of the info.
Violations
This is a partial list of conduct that may violate 39 USC 3010 or 18 USC 1735:
a. The mailing of a sexually oriented advertisement in an envelope or other wrapper that does not bear the name and address of the sender and the legend "Sexually Oriented Ad," under 9.5.
b. The mailing directly or indirectly of a sexually oriented advertisement to a person whose name and address are on the list for more than 30 days.
c. The sale, loan, lease, or licensing of the use of the list or a copy thereof in whole or in part.
d. The use of the list or a copy of it in whole or in part for any purpose other than to ensure that no mailings of sexually oriented advertisements are made to persons on the list.
9.7 Reporting Unsolicited Advertisements
9.7.1 Submitting a Report
Anyone who wants to report receipt of an unsolicited sexually oriented advertisement after an addressee's name and address are on the list for more than 30 days should submit to any postmaster, or directly to the Prohibitory Order Processing Center manager, the entire mailpiece, including the envelope or other wrapper. The piece must have been opened by the addressee. When submitting the piece, the addressee must endorse the envelope or other wrapper and also the inside contents in substance as follows: "I received this mailpiece on [date]," and sign the statement. If received by the postmaster, the piece must be forwarded promptly to the Prohibitory Order Processing Center manager. The manager then forwards the piece to the appropriate Inspection Service Field Division Office.
9.7.2 Verifying Inclusion on List
Section 3010(a) authorizes and directs the USPS to provide a mark or notice that must be placed on the envelope or cover of any sexually oriented advertisement sent through the mail, with the sender's name and address. The following provisions implement this authority and direction:
a. Any person who mails or causes to be mailed any sexually oriented advertisement must place in the upper left corner of the exterior face of the mailpiece, whereon appear the address designation and postmarks, postage stamps, or indicia thereof, the sender's name and address. In the right portion below the postage stamp, or indicia thereof, and above the addressee designation, there must be placed "Sexually Oriented Ad." The words "Sexually Oriented Ad," however, need not be placed on the exterior envelope or cover of a mailpiece containing such an advertisement, if the contents of the mailpiece are enclosed in a sealed envelope or cover, inside the exterior envelope or cover, and the sealed envelope or cover bears conspicuously the words "Sexually Oriented Ad."
b. The name and address of the sender and the required legend, if it is placed on the exterior face of the mailpiece, must be printed in a type size no smaller than that used for any other word on the envelope or other cover, and never smaller than 12-point type. Such type must be no less conspicuous than the boldest type used to print other words on the exterior face of the mailpiece.
c. The contrast between the background and printing of the sender's name and address and the contrast between the background and the printing of the required notice must be no less than the contrast between the background and printing of any other word on the envelope or other wrapper.
d. A clear space no less than 1/4 inch wide must surround the sender's name and address and the required notice, separating each from any other matter on the same envelope or cover.
ok dosnt this cover, as it said unsoilicitated, mail. i can quite agree with this as you dont want a mailer landing in your mat open it up and get an eyeful of pussy or something.Quote:
sexually oriented advertisement
however what are the rules when someone ORDERS say a dvd, this is not unscolicited.
Dexxxter,
Thank you very much for finding that link... and I'm relieved to see that all the references cited are for advertisements, rather than shipment of ordered products.
We've sent out mailings to our DVD customers from time to time, and we always enclose the catalog in an envelope, and that envelope inside another one, with the inner one marked "sexually explicit content enclosed, do not open if this content offends you, violates your community standards, or is not legal in your area."
From what I can see from your references though, I think it's safe to send orders to customers without a notation on the packaging that the product is sexually explicit, as long as it's not unsolicited advertising.
And as for shipping to restricted states/zip codes/etc, I'm completely with you on that. While I don't think there have been many people busted for that, I'd rather not take a chance by shipping product to a place where law or community standards make it risky to do so.
Amazing how many calls we have to turn away from Tennessee and Utah, though... those nice Mormon and Christian boys do seem to love their porn :)
A few years ago, i called the Postmaster general's office, using contact information from their website, and discussed my business model to them, that being a retail sales and distribution model.
I was told that the shipping restrictions did not apply to items that were ordered by customers but were in place to prevent unsolicited adult advertising getting into unwanted hands.
Because pornography laws are not really defined by the courst, except to say that it is based upon community standards, it is hard to find any definative source of information that can answer this question with specificity. The law's ambiguity in itself actually prevents a good deal of ordered porn to be shipped and I firmly believe that is one of the reaons that the Federal court system does not define it more specifically.
Yes, excellent. I concur.Quote:
Originally Posted by tombarr
And, as we were told when we started shipping, it is best to ship UPS and FedEx. USPS is risky business especially if the package is marked, flagged with all kinds of markings that refer to the XXX content!
As far as lists go, I have been digging around for the "latest, current" zip code list...and remember now that we had sniffed around some of the big retailers such as TLA Video, etc. to see where they were and were not shipping to - although I always believe going to the "source" is better than relying on others in biz and "copying" what others do as being the "word" in what is and is not correct...I must admit that the "zip list" is rather sketchy...our attorneys agree!
there seems to be an articale inKlixxx magazine this month titles "united states vs extreme associates" it states that extreme associates sells porn tapes on its website and the U.S Postal inspectors purchased tapes by mail then they indited them with 10 counts of distributing obscene material both by mail and over the internet.
it just seems to me that the goverment is using "community standards" to giove us a moving target and a roll of the dice when shipping to an address.
so what do the "big guys " do? like citiboys and others? how do you keep up with where you can ship and where not this week ?
that's the $69,000.00 question...