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;

05/12/82

Cohen, James A.

APPEARANCES 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
415 North Camden Drive Suite 1200
Beverly Hills, CA 90210

POSTAL SERVICE DECISION ON
MOTION FOR RELEASE OF MAIL

On December 31, 1981, False Representation Order No. 81-275 was issued against TELEX and twx DIRECTORY CENTER and TELEX and twx DIRECTORY, P. O.Box 4054, Beverly Hills, California 90213, with respect to "the 1982 TELEX and twx Directory." On March 29, 1982, Respondent filed a "Motion for Release of Mail not covered by False Representation Order No. 81-275." In the Motion Respondent alleges that since November 25, 1981, the Postmaster at Beverly Hills, California 90213, has been unlawfully withholding Respondent's mail addressed to 9301 Wilshire Boulevard and forwarded to P. O. Box 4054. Respondent requests that the Postmaster be directed to release all mail held by him which is addressed to 9301 Wilshire Boulevard.

The circumstances surrounding the withholding of the mail addressed to 9301 Wilshire Boulevard, as alleged by Respondent, are:

"Prior to these proceedings, Respondent submitted a forwarding order for mail addressed to 9301 Wilshire Boulevard, Beverly Hills, CA. That forwarding order designated Postal Box 4050. The forwarding order was in effect November 23, 1981. Since November 23, 1981, all mail addressed to 9301 Wilshire Boulevard, which includes orders, checks and remittances, has been withheld unilaterally by the decision of this particular Postmaster."

The reference to P. O. Box 4050 in the quoted language is assumed to be intended to be a reference to P. O. Box 4054.

Complainant opposes Respondent's Motion. Complainant contends that the forwarded mail was rightfully detained in that it was (1) addressed to TELEX and twx DIRECTORY CENTER and TELEX and twx DIRECTORY; (2) received for delivery at P. O. Box 4054 in Beverly Hills, and (3) related to the TELEX and twx Directory. Complainant contends that the orders, checks and remittances addressed to 9301 Wilshire Boulevard, which Respondent seeks to have released are the result of a solicitation which was found to be violative of the Consent Agreement and that it would not be in the public interest and would contravene the statutory purposes to allow Respondent to receive this mail. Finally, Complainant asserts that on March 26, 1982, Respondent filed a forwarding order requesting that mail addressed to the TELEX and twx DIRECTORY CENTER, 9301 Wilshire Boulevard to be delivered to P. O. Box 4005 and that mail addressed to the 9301 Wilshire address has been forwarded to P. O. Box 4005 and delivered to Respondent. Complainant asks that False

Representation Order No. 81-275 be amended to conform to the proof, so that all mail addressed to TELEX and twx DIRECTORY CENTER and TELEX & twx DIRECTORY, P. O. Box 4054 at Beverly Hills, California 90213 and TELEX & twx DIRECTORY CENTER, 9301 Wilshire Boulevard, Beverly Hills, California 90210 be made subject to the Order.

In the Postal Service Decision of December 31, 1981, the solicitation seeking remittances to 9301 Wilshire Boulevard was considered and found to be one of the solicitations which served as the basis for the conclusion that the Consent Agreement had been breached (FOF 15). Since those remittances were forwarded to P. O. Box 4054, the address against which the False Representation Order was issued, it was not improper to detain that mail. Accordingly, Respondent's motion to release mail addressed to 9301 Wilshire Boulevard, Beverly Hills, California 90210 and properly forwarded to P. O. Box 4054 is denied.

Complainant's motion to amend the False Representation Order to include mail addressed to 9301 Wilshire which presumably would include mail forwarded to P. O. Box 4005 has not been responded to by Respondent. Respondent is hereby granted a period of 10 days from the date of receipt of this Decision in which to file a reply to the motion to amend the False Representation Order.