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Nebraska Supreme Court Rules Postage Meter Is Valid Postmark

 
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Bedrock Of The Community
United States
12128 Posts
Posted 04/20/2013   10:49 am  Show Profile Bookmark this topic Add wt1 to your friends list Get a Link to this Message
Here's an interesting legal ruling by the Nebraska Supreme Court on the validity of a postage meter imprint as being equally valid as a postmark:


Quote:
While the letter lacked the original postal cancellation, it carried a postage meter stamp with the date of Sept. 1. The tax commission said it wasn't the same as an official postmark.

The high court [Nebraska Supreme Court] ruled that postage meters are highly regulated by the U.S. Postal Service and, therefore, they are as equally valid as a postmark.


http://www.omaha.com/article/201304...4209896/1694
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Pillar Of The Community
Canada
4648 Posts
Posted 04/20/2013   11:32 am  Show Profile Bookmark this reply Add Bujutsu to your friends list  Get a Link to this Reply
Strange article alright.

Meter users are generally supplied with a meter machine and it goes along with a 'registration' number. This is the same for any meter user (as far as I know anyway).

Interesting.

Chimo

Bujutsu
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Pillar Of The Community
2361 Posts
Posted 04/20/2013   1:34 pm  Show Profile Bookmark this reply Add doug2222 to your friends list  Get a Link to this Reply
Can't the "date" on a postage meter be changed (manually) at any time? In order to meet a tax deadline, that is?
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Bedrock Of The Community
United States
12128 Posts
Posted 04/20/2013   2:59 pm  Show Profile Bookmark this reply Add wt1 to your friends list  Get a Link to this Reply

Quote:
Can't the "date" on a postage meter be changed (manually) at any time?


That used to be the case but I'm not sure about today's "electronic" postage meters. They may have the date fixed so as to avoid errors. Someone in a business office can probably clarify that point. I do know that if the meter is dated incorrectly (say, yesterday for example), the USPS will overprint the mailing with the correct date (today's date), as in this example from a recent utility bill:



The concept being that the correct date has to be on the piece when it enters the mailstream. In the above example, someone probably posted the meter imprint too late in the day or it didn't make it in the last mail pickup of the day and rather than having to correct the date error, the USPS corrects it as shown.
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Pillar Of The Community
United States
521 Posts
Posted 04/20/2013   5:00 pm  Show Profile Bookmark this reply Add Zuzu to your friends list  Get a Link to this Reply
The date can be changed on the meter we use at the office. In fact, I will often run a self-addressed envelope through without a date at all. I enclose these when filing documents that we'd like to have returned.
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Valued Member
United States
152 Posts
Posted 04/22/2013   03:41 am  Show Profile Bookmark this reply Add fimpster to your friends list  Get a Link to this Reply
Just adding my 2c, the Pitney Bowes meter we have in my office will allow us to advance the date, but not reverse the date. It will also print without a date which we also use for self-addressed envelopes.
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Pillar Of The Community
United States
521 Posts
Posted 04/22/2013   10:05 am  Show Profile Bookmark this reply Add Zuzu to your friends list  Get a Link to this Reply
Thanks for adding, fimpster. I've never tried setting the date back, but I would imagine it's not possible on our machine as well.

I actually read the decision on the NE Supreme Court website (because it's NE, and I'm a geek like that ), and the issue had more to do with the fact that the letter was properly addressed and sent by Certified Mail on Sept. 1, well before the Sept. 12 deadline, but was returned to the mailer on Sept. 15. The mailer then simply ran the same envelope through the meter again to add a Return Receipt. The tax commission received it on Sept. 20.


The decision does address the possibility of manually changing dates, though:


Quote:
The current regulations clearly require mail to be dated accurately. Furthermore, in the absence of a contrary indication, lawful conduct—that mailers comply with the regulations—is presumed. Moreover, though those regulations are missing, it remains true that the USPS authorizes and heavily regulates postage meter use and that misuse of a postage meter can result in significant penalties. Under such circumstances, and in the absence of evidence showing that the mailer misused the meter, we conclude that a postage meter stamp satisfies the statute's purpose of being evidence of the mailing date and that it is a "postmark."


http://www.supremecourt.ne.gov/site.../s12-322.pdf (endnote references removed)

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