DEALING WITH THE OPT-OUT MOVEMENT

Amy HealyDirector, Public PolicyYellow Pages Association

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IS NOTAn attempt to eliminate all paper directories.An attempt to restrict delivery of directories to people that want them.Singling out of the directory industry.Solely an environmental issue.

ISAbout reducing the amount of unwanted and unsolicited directories.Containing recycling and disposal costs for municipalities.Cleaner distribution.Consumer choice.

Defining the Opt-Out Movement

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“Consumer-in-control” and environmental trends means lower tolerance for unsolicited marketing materials

Increase in alternatives to print directory information

Significant increase in new print titles and print distribution.

The Perfect Storm

Number of Directory Titles Growing4

Source: YPA Rates and Data

Print Distribution Skyrocketing5

Source: YPA Rates and Data

Consumer-in-Control Movement6

Industry Self-Regulation ProgramsDMA’s Mail Preference Service

www.the-dma.org/consumers/offmailinglist.html

Credit Card “Pre-Approved” Solicitations, Experian, Equifax & TransUnion participate in:

www.optoutprescreen.com

Most catalogues operate their own opt-out numbers.

Consumer-in-Control Movement7

Federal Statutes:Do Not Call List (FTC) – Est. 2003

157 million numbers placed on the listCAN SPAM – Est. 2003

Mandates commercial e-mailers honor unsubscribe requestsJunk Fax Prevention Act – Est. 2005

Prevents unsolicited faxing without EBRState law:

New York Unsolicited Advertising Law – 2008Opt-out for unsolicited papers, fliers, pamphlets, handbills, circularsProperty owner may post sign saying: “Do Not Place Unsolicited Advertising Materials on This Property.”

YP Represents .3% of Waste Stream8

YP Recycling Rates Lagging9

Source: Municipal Solid Waste in the United States, 2006 Facts and Figures, U.S. Environmental Protection Agency

Legislative Action – 2007 and 2008

Washington HB 332611

Mandatory Opt-Out.Print Opt-Out instructions on front or back cover of directory.Burden of compliance on publisher and distributor.HB 3326 failed to be reported out of Rules Committee.WIN

Hawaii SB 2628 & HB 198112

Both bills mandated Opt-In.House bill died early but Senate bill passed Senate Energy & Environment Cmte.Hawaiian Telcom testified against – Sierra Club in favor.Face to face lobbying meetings and letters from YPA, Paradise Pages influenced legislators.WIN

Minnesota13

Opt-In proposal by the MN Pollution Control Agency (PCA).Opt-Out proposal by State Reps. Gardner, Wagenius, others.YPA, ADP, RHD filed comments with MPCA.In person lobbying before the MN PCA and legislators.Early momentum subsided after industry involvement. WIN

Alaska HB 38714

Introduced 2/19 – deadline for bills in Alaska.Limits directory distribution by telephone utility to one per household per year.Very poorly drafted, anti-competitive.Worked with LIM. Bill stalled in committeeWIN

Industry Response15

Joint Environmental Guidelines (YPA and ADP)Source ReductionEnvironmentally friendly manufacturingCommitment to recycling

Publishers representing 97% of print circulation have signed on to the guidelines.Implementation crucial to success in 2009.

2009 YPA Conference and Exhibition

Yellow Pages Association 2009 Conference & ExhibitionApril 26-28, 2009

Sheraton San Diego Hotel & Marina, San Diego, CA

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Thank youamy.healy@ypassociation.org

908-286-2390