In the Matter of the Complaint Against RAYMOND MILO, d/b/a DIRECTORY PUBLISHING DIVISION 9000 Sunset Boulevard at Los Angeles,CA 90069 P.S. Docket No. 12/168; 03/19/82 Cohen, James A. APPEARANCE FOR COMPLAINANT: ThomasA. Ziebarth, Esq. James A. Harbin, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260 APPEARANCE FOR RESPONDENT: Jerry L. Newton, Esq. Newton & Newton 433 North Camden Drive Suite 1200 Beverly Hills, CA 90210
Prior proceedings in this matter led to the issuance of False Representation Order No. 81-275 dated December 31, 1981, against mail addressed to TELEX & twx DIRECTORY CENTER, TELEX & twx DIRECTORY, at P. O. Box 4054, Beverly Hills, CA 90213, upon a finding in a Postal Service Decision that the captioned Respondent had breached the terms of a Consent Agreement executed on January 27, 1976. The return portion of the False Representation Order was stayed while Respondent sought judicial review of the Postal Service Decision.
On March 3, 1982, Respondent filed its Motion to Modify Order No. 81-275 to allow it to open and copy information contained in the mail detained by the Order. Respondent represents that over 5,000 pieces of mail have been detained pursuant to the Order, that it has approximately 11,000 orders for its 1982 directory, of which over 5,800 orders are pre-paid, and to publish the directory it needs the information in the mail to know of any changes or revisions in addresses and basic telex information. Respondent contends that without the information it may publish wrong numbers and incorrect addresses and, therefore, risk the possibility of a multiplicity of law suits and thereby suffer irreparable harm and damages.
On March 10, 1982, Complainant filed its opposition to Respondent's Motion to Modify. Complainant requests that the motion be denied as contrary to the public interest in that Respondent would be able to maintain an up-to-date mailing list of potential victims who sent in orders, remittances and information as a result of the misrepresentations. Alternatively, Complainant contends that any modified Order should have the following specific limitations on the information which may be copied:
"1. requests for changes or corrections in Telex or TWX dial numbers of answer back codes:
2. requests for listings of additional dial numbers or answer back codes;
3. information that listees have disconnected or terminated their Telex or TWX services;
4. request for changes in the listees name and
5. requests for changes in address, but only for listees who have purchased a 1982 Telex/TWX Directory listing prior to the date of the issuance of False Representation Order No. 81-275 and only upon written proof submitted by Respondent to the Postmaster that the changes in address to be copied pertains to the above-described category of listees."
Furthermore, Complainant contends that any modification should be stayed until Respondent obtains a similar modification of an existing preliminary injunction in the United States District Court for the Central District of California which was issued in January 1982, pursuant to 39 U.S.C. § 3007.
In its Petition, Respondent has shown a need to obtain information in the detained mail. The interests of the parties have been weighed and it has been concluded that Respondent should be allowed to open and copy information in the mail being detained subject to the limitations specified by Complainant in itSTARR-RE.281 e approach and subject to a comparable order being issued by the Court.
Accordingly, Respondent's Motion for Modification of False Representation Order No. 81-275 is granted upon the condition that Respondent obtain a modification of the existing preliminary injunction with the five specific limitations on the information to be copied as listed above.