United States Postal Service(TM)


In the Matter of the Complaint Against J. W. ARTHUR, 2906 Briarcroft, San Antonio, TX 78217-3801 and PRINTER'S CLEARING HOUSE, INC. and U.S. BUSINESS PRINTERS, 8610 N. New Braunfels, San Antonio, TX 78217-6356 and P. O. Box 33910, San Antonio, TX 78265-3910 P.S. Docket No. 20/85 January 15, 1988 James A. Cohen Judicial Officer APPEARANCES FOR COMPLAINANT: Sandra C. McFeeley, Esq. Geoffrey A. Drucker, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1111 APPEARANCE FOR RESPONDENTS: Gregory P. Seale, Esq. Ausburn, O'Neill & Associates, P.A. 11230 West Avenue, Suite 1205 San Antonio, TX 78213-1359

POSTAL SERVICE DECISION ON REQUEST FOR CLARIFICATION

Complainant has filed a request for clarification and instruction regarding disposition of certain first class mail currently being held by the Postmaster, San Antonio, Texas, in accordance with his interpretation of False Representation Order No. 87-149 issued December 23, 1987. The mail being held by the

Postmaster and about which clarification is sought is first class mail addressed and sent to prospective customers by Respondents but found to be undeliverable and returned to Respondents at their return address.

Under the terms of the False Representation Order issued in this proceeding the named Respondents are not permitted to receive mail pertaining to the activity described in the Order which is addressed to them at specified addresses. The mail being held and about which Complainant is seeking clarification is not mail addressed to the Respondents. Rather it is mail addressed and sent to prospective customers by Respondents but found to be undeliverable and therefore returned to Respondents as sender at the return address shown on the envelope. Since this returned mail is not mail "addressed" to Respondents it is not to be detained under the terms of the False Representation Order. Accordingly, the mail in question which has been returned to sender is to be delivered to sender in accordance with normal delivery procedures.