America Online (AOL) Complaint
Thomas Kyle vs America Online (AOLTimeWarner)


Summary:
America Online is refusing to stop mailing me discs (CDís) that advertise their Internet services.


Called AOL customer service (1-800-827-6364) to take off mailing list on:
Sometime during 7-2000 (not sure when)
8-28-2000 (talked to LaPaula)
11-18-2000 (talked to Yolanda)
All stated my name would be removed from mailing list (I have total of 5 discs in possession, approx 4-6 others thrown in trash, and photocopies of 4 others sent to the USPS Prohibitory Order Processing Center).


January 2001:
Due to more discs received in the mail, I filed complaints with the Consumer Services/ Commonwealth of Virginia and Better Business Bureau stating that America Online will not stop sending me discs. I stated in my complaint that I do not want any more advertising/ marketing materials sent by AOL.

February, March 2001:
Received 2 letters from Mr. Paul Ambs, Payment Services Supervisor, stating that I would no longer received AOL discs in the mail. These letters are in response to complaints filed by the BBB and VA Attorney Generalís Office.

August 10, 2001:
Due to more discs received in the mail, I filed a complaint with USPS Prohibitory Order to stop mailings under Title 39, USC 3008.

Filled out Form 1500 with Apple Valley, MN Postmaster to stop mailings (USPS letter dated 8-10-2001).
Prohibitory Order #001094932 in effect August 30, 2001.

Received another AOL disc on Sept 29, 2001.

October 22, 2001:
Sent certified letter to Paul Ambs/ Payment Services Supervisor requesting my name and address be removed from their mailing lists and asking why discs are still being sent. No response to letter (have certified return receipt).

More discs received 12-12-01, 1-9-02 and 3-11-02 (these were sent to the USPS Prohibitory Order Processing Center). Have letter dated February 1, 2002 from the USPS stating possible violation of Prohibitory Order.

Have total of 5 discs (1 was given to Postmaster as evidence for Form 1500).
Total of 4 discs sent to USPS Processing Center (one was needed to file order and 3 came after order was in effect). Have photocopies of all discs sent to USPS.

February, March 2002:
Have letters from USPS, VA Attorney General and MN Attorney General stating that AOL is not responding to their letters. Letter sent from VA Attorney General suggests civil action.

March 18, 2002:
Sent certified final warning letter to Paul Ambs/ Payment Services Supervisor. No response (have certified return receipt)

April 18, 2002:
Filed conciliation court action against Time Warner (AOL Time Warner, America Online).



Claiming $1500 per disc sent in mail after AOL Supervisor stated that my name and address would be removed from mailing list for invasion of privacy, mail harassment and private nuisance.


Violations and Statutes:
Title 39 USC 3008 (Prohibitory Order)
MN Statute 561.01, MN Statute 609.749 Subd. 1, Subd. 4
MN Statute 609.795 Subd. 1, MN Statute 549.20

Jurisdiction:
MN Statute 491A.01
MN Statute 5.25 Subd. 4
MN Statute 543.19