ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, August 7, 1993                   TAG: 9308070075
SECTION: BUSINESS                    PAGE: A-4   EDITION: METRO 
SOURCE: LEIGH ALLEN STAFF WRITER
DATELINE:                                 LENGTH: Medium


POST OFFICE LETTER CALLED `UNFAIR'

A marketing division of the Roanoke Times & World-News on Friday indicated it is considering legal action against Roanoke Postmaster Billy Martin, over what it called an "unfair method of competition."

Tensions between the newspaper company's Pinpoint Target Marketing and the U.S. Postal Service started in May when one mail carrier began leaving fliers in some mailboxes. The fliers urged customers to allow the postal service to resume carrying some magazines that Pinpoint had recently begun delivering.

Pinpoint, like similar private delivery services in other markets, competes with post offices by delivering periodicals for their publishers along with advertisements. Such companies generally contend their services are cheaper to magazine publishers than postal rates.

In other cities, there have been open disputes between postal workers, who contend their jobs are threatened by alternative delivery services, and employees of the private companies.

In Roanoke, representatives of both sides said they don't mind the competition, as long as it's fair.

But Heman Marshall, a lawyer for the Roanoke Times & World-News, said Martin crossed the line in July when he sent out a flier to some area addresses accusing Pinpoint of:

Leaving magazines in front yards

Burdening subscribers with additional costs of a Pinpoint delivery because postage already is included in their subscription

Delivering them to wrong addresses, not forwarding them after a move and not stopping delivery while people were on vacation.

Martin's flier listed phone numbers for magazine publishers, suggesting subscribers call and ask that their copies be delivered by the post office.

In a letter to Martin, the newspaper's lawyer said the flier contained "numerous inaccuracies" and was in violation of federal law prohibiting misleading statements in advertisements.

Helen Burnett, who as the newspaper's circulation director is in charge of Pinpoint, said carriers are instructed not to leave magazines in yards. She said Pinpoint offers forwarding, change of address and vacation stoppage services.

Marshall's letter to Martin demanded a retraction. But Martin said Friday he had "an appropriate response" to each of the newspaper's accusations and said Postal Service lawyers are handling the situation. He declined to elaborate.

The newspaper's lawyers said Friday afternoon that they had not received a reply from the Postal Service.

Carl Wright, the newspaper's treasurer, said the Postal Service would be vulnerable to a lawsuit if it does not issue a retraction but would not say that the company definitely would pursue legal action.



 by CNB