Q&A: Are TMC products litter?

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From The News-Sun (Kendallville):

Q: I just had a conversation with an individual who claims that according to Indiana law, KPC has been littering on his property when a contracted carrier delivers a TMC product to his driveway.

Is this correct? We have instructed the carrier to stop delivery to his address, but occasionally he forgets.

A: You’re not littering unless he’s asked you not to deliver the TMC product. Otherwise, case law upholds the delivery of newspapers or TMC products to households and has struck down anti-littering ordinances designed to halt such deliveries in a community.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.