
Many of our clients use direct mail for fundraising,
for grassroots advocacy, and in election campaigns. Because postage
constitutes such a large portion of their budgets, their ability
to mail at the nonprofit rates often is critical to their success,
and even their survival.
We have unique experience in obtaining nonprofit
postal permits and defending them. We often take on appeals of applications
previously denied by the Postal Service, especially for Section
501(c)(4) organizations.
Our firm and its predecessor have won more
U.S. Postal Service appeals and obtained more private letter rulings
on behalf of its nonprofit clients than any other law firm. Because
the Postal Service does not have a published reporting system for
its letter rulings and administrative cases, our files of previous
cases constitute an invaluable resource not available anywhere else.
A common example of one of our victories
in defending a nonprofit postal permit occurred in the summer of
1999, when we won an administrative appeal to the U.S. Postal Service
headquarters in Washington, D.C., that abated almost $100,000 in
charges. The local post office had determined that our client, a
public university, had violated the “travel, insurance, and
finance” (“TIF”) rules in sending a mailing to
advertise its Continuing Education Program. Our appeal successfully
overturned deficiency rulings from both the local post offices and
the rates and classification centers involved.
We also have been successful in obtaining
nonprofit postal permits for use in ballot measure campaigns for
organizations who have not yet even obtained federal tax exemption.
These permits have saved our clients hundreds of thousands of dollars
in postal costs.
Wewer & Lacy LLP is knowledgeable of
the “cooperative mailing” regulations and has brought
our experience to bear in dealing with the new “content”
laws and regulations which significantly restrict what nonprofit
organizations can mail. Our lawyers have developed content analysis
techniques used for direct mail expenditure attributions, and pioneered
the use of nonprofit permits for political slate card mailings.
The co-founder of the firm was a professional consultant in political
and advocacy direct mail before becoming an attorney, and works
with our clients’ direct mail vendors to achieve the best
possible direct mail packages within the confines of the often confusing
postal regulations.
We have experience in negotiating directly
with USPS headquarters for clients on postal rules affecting nonprofit
organizations and election campaigns. In May of 2005, we represented
the American Association of Political Consultants in drafting and
negotiating with USPS executives and legal officials in Washington,
D.C. the promulgation of USPS Customer Support Ruling 324, issued
May 18, 2005, which establishes the conditions under which election
and advocacy mailings qualify for the Standard (bulk) rate. The
USPS had previously engaged in a rulemaking which threatened to
reclassify all election and advocacy mailings containing personalized
information (such as a reference to a political party, gender, or
polling place) at the more expensive first class rates. As a direct
result of our firm's work, under CSR-324, election and advocacy
mailers now have clear guidelines to continue to use personalized
information in mailings and still maintain their lower, bulk class
rates.
Our work on CSR-324 for the American Association
of Political Consultants ("AAPC") was recognized in March, 2006,
when AAPC presented Jim Lacy their prestigious "Pollie" award for
his legal work on this project.
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