POST-DISPATCH OFFER ILLEGAL, SAYS ATTORNEY GENERAL'S OFFICE

"You don't have to pay for what you don't order."

"When unsolicited merchandise is delivered, it is deemed to be a gift."

These two statements are phrased differently, but they have the same meaning.

The first is the remark of a Better Business Bureau representative, the second a portion of Section 407.200 of the Missouri Fair Merchandise Practicing Act.

Both the BBB and Missouri attorney general's office have been contacted by a number of Missouri residents who received letters from the St. Louis Post-Dispatch newspaper concerning a "bonus issue" promotion conducted by the newspaper, and its ensuing letter to prospective customers.

Residents throughout the St. Louis and Southeast Missouri areas, including Cape Girardeau, questioned the advertisement sheet, which represented "negative options solicitation," concerning the Post-Dispatch's "Weekend Package."

The Post-Dispatch delivered Saturday and Sunday papers to some residents free during November.

Following the final free delivery, a one-page advertising sheet was sent to those receiving the free newspapers.

In part the sheet read: "If for any reason you do not wish to continue receiving the New Saturday Edition of the St. Louis Post-Dispatch after expiration of your bonus issues delivery, I will need to hear from you."

The letter further explained that if the Post-Dispatch was not contacted, delivery of the new Weekend Package would continue and that future invoices would include both the Saturday and Sunday deliveries.

"This is not legal," said Mary Still, director of communications with the Missouri attorney general's office. "It's negative options solicitations and violates Section 407.020 of the Missouri Fair Merchandising Act.

The attorney general's office has been in contact with the Post-Dispatch, which has agreed to send another letter to the prospective subscribers.

A spokesperson from the Post-Dispatch customer service department told the Southeast Missourian late Tuesday that it will tell the people to disregard the previous advertising sheet.