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Shipping Fee Exemption - Free Matter for the Blind or Handicapped

RE: Post Office Special Mail Handling Regulation 703.5

 

One out of every five Americans, some 50 million individuals as well as all the organizations that support them are eligible to both send as well as receive eligible materials under Free Matter for the Blind or Handicapped and the Online Sales Marketplaces are no exception for these people asserting their Federally-Guaranteed Rights under the law.

 

As such, the chances of a Seller on any one or all of these OSP's encountering an eligible individual or organization is high.

 

Unfortunately, OSP's have yet to see fit to automate this Federally-mandated service, therefore in order to maintain compliance, Sellers must either store the above link on their phones or print out Section 703.5 and physically take it with them along with the package to the nearest Post Office to show employees at the Postal Service.

 

If Postal Service Employee compliance is not forthcoming, Sellers must escalate the interaction to the supervisor, manager or Director of Operations.

 

If Seller continues to get pushback, they must take down the badge numbers of the agents providing the pushback, travel to a larger Post Office in a larger city and report the previous interaction in order to get compliance.

 

If compliance is STILL not forthcoming, Sellers need to repeat the action to their Regional Administration for the Postal Service

 

A) Eligible people/organizations to use it are listed under Section 5.1.3

B) Eligible items are listed  under Section 5.2.1

C) According to Congress, since the word ``SOLELY'' or its' equivalent is NOT part of Section 5.2.2 and since eligible individuals use, have used and will continue to use materials intended for ordinary individuals, any product listed under B) above is eligible.

 

1. Sellers are not required to be notified in advance of the necessity for utilizing Section 703.5 listed above.

 

2. Cancellation of order without Buyer consent upon being notified of the necessity of using Section 703.5 is a violation of eBay Policy.

 

3. Buyer payment cannot be processed until Seller complies with Section 703.5 by revising their invoice as instructed - eliminating the shipping charge other than two or three dollars that the Post Office charges for the Insurance and Tracking Number mandated by eBay.

 

4. Seller noncompliance with this policy falls under

A) violation of eBay Policy

B) discrimination on the basis of disability - a violation of Federal Law (ADA among others)

C) violation of Federal Law as it applies to Postal Regulations

all of which carry heavy and severe penalties.

 

5. If you have a problem or a question complying with this directive - pleae refer to the case(s) previously escalated

A) internally beyond the offshored third-party call, chat or correspondence processing centers Customer Service and Trust and Safety to eBay office of Government Relations

 

B) to the United States Postal Service which is required by Federal law to force eBay members into compliance.

 

C) the United States Postal Inspection Service which oversees the USPS and monitors its' compliance with both its' own laws and the remaining Federal laws to which it is subject.

 

D) to cases currently in progress at the ACLU, EFF and a number of other Class Action Service Organizations.

 

6. As all websites hosting such activities - whether headquartered in the U.S. or hosting operations in the country - are similarly mandated to require themselves and their members to maintain compliance with Section 703.5 - in order to avoid dealing with issues, Sellers may also voluntarily

A) refrain from selling items eligible under Section 5.2.1

B) remove themselves from the Online Sales Marketplace

 

We hope this information has been helpful.

Message 1 of 4
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Re: Shipping Fee Exemption - Free Matter for the Blind or Handicapped

It doesn't seem like most items purchased on eBay meet the criteria

 

 

5.2.2 Conditions

The matter listed in 5.2.1 must meet these conditions:

  1. The matter must be for the use of a blind or other physically handicapped person.
  2. Either no charge, rental, subscription, or other fee is required for this matter; or, if required, may not exceed the cost of the item.
  3. The matter may be opened and inspected by the USPS.
  4. The matter contains no advertising. Advertising is defined as:
    1. All material of which a valuable consideration is paid, accepted, or promised, that calls attention to something to get people to buy it, sell it, seek it, or support it.
    2. Reading matter or other material of which an advertising price is charged.
    3. Articles, items, and notices in the form of reading matter inserted by custom or understanding that textual matter is to be inserted for the advertiser or the advertiser’s products in which a display advertisement appears.
    4. An organization’s advertisement of its own services or issues, or any other business of the publisher, whether in display advertising or reading matter.

5.4.1 Basic Standards

All matter mailed under this standard:

  1. Must be marked “Free Matter for the Blind or Handicapped” in the upper right corner of the address side.
  2. Must meet the minimum and maximum dimensions in 601.1.0.
  3. Is subject to the mailability standards in 601.8.0 through 601.9.0.

 

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Re: Shipping Fee Exemption - Free Matter for the Blind or Handicapped

Only a small percentage of items sold on eBay would fall into these eligibility categories:

 

5.2.1 Acceptable Matter

Subject to 5.2.2, this matter may be mailed free:

  1. Reading matter in braille or 14-point or larger sightsaving type and musical scores.
  2. Sound reproductions.
  3. Paper, records, tapes, and other material for the production of reading matter, musical scores, or sound reproductions.
  4. Reproducers or parts of them for sound reproductions.
  5. Braille writers, typewriters, educational or other materials or devices, or parts thereof, used for writing by, or designed or adapted for use of, a blind person or a person who has a physical impairment as described in 5.1.3.

https://pe.usps.com/text/dmm300/703.htm#ep1113979

 

Also, the American Foundation for the Blind says that "Musical or other sound recordings not specifically designed for use by visually handicapped persons are not eligible for free mailing." 

 

http://www.afb.org/info/free-matter-for-the-blind/5

 

So that seems to leave just a tiny portion of eBay items eligible for this type of exemption, and most ebay sellers are unaffected. Those who offer specialized materials and equipment should surely be made aware of this USPS policy.

 

 

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Re: Shipping Fee Exemption - Free Matter for the Blind or Handicapped

Nobody's_Perfect said: Only a small percentage of items sold on eBay would fall into these eligibility categories. "Musical or other sound recordings not specifically designed for use by visually handicapped persons are not eligible for free mailing." 

 

That is incorrect. The AFB is jumping the gun. Nowhere in the USPS DMM manual does it specify that materials sent free be for the SOLE or EXCLUSIVE use of the visually or physically impaired.

 

According to Congress, in a decision made in September, 1965 that has never been addressed since, the absence of the word ``SOLELY''  or it's equivalent in the USPS Section 703.5.2.2 (a) ``The matter must be for the use of a blind or other physically handicapped person'' means that -

 

``as eligible persons utilize commercially-produced products and equipment as well as those produced specifically for their use, ANY product or service in the category is eligible to be sent free to or from any eligible individual or organization.''

 

Several cases have been filed by corporations since then and the decisions thereon have all been rendered in favor of the Post Office - meaning any sound reproduction in any capacity (including films videos as long as they have a soundtrack) are eligible - including silent films reproduced on sound film with an accompanying soundtrack.

 

Normally DVD Blu-Ray and 4K etc would not be eligible due to containing advertising, but the Ninth Circuit decided that ``a movie studio including advertisements for its' own products only and nothing else (restaurants, food products etc) is eligible.

 

Nobody's_Perfect said: Those who offer specialized materials and equipment should surely be made aware of this USPS policy.

 

That is also incorrect. Between the absence of SOLELY or EXCLUSIVELY and the number of people who sell electronics or recordings, the vast majority are unaware.

 

Even the stipulation that materials must weigh less than 15 lbs (10 KG) have neen rescinded due to the fact that many old e.g. tube-type Talking Book players weigh far in excess of that.

 

The only requirement is that a large orange sign be placed on the package warning that the package is heavier than 15 lbs - which is in compliance with the rest of USPS Domestic Mail Manual policy.

 

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