Energy supplier AGL has launched a campaign distributing hundreds of thousands of  ‘do not knock’ stickers to customers while at the same time it is fighting a battle against the legal enforceability of such signs. The brand has begun to enclose “Do not knock” stickers with its bills. If consumers put them in place, they make it more difficult for rival energy companies to persuade consumers to switch. The move has been labelled ironic by AGL’s critics. Just yesterday AGL was reportedly fined $1.55 million, after an AGL door-to-door seller posed as an investigations officer. AGL is also fighting the ACCC about whether ‘do not knock’ stickers are enforceable in Australian consumer law. Sarah Wilson, senior campaigner with the Consumer Law Centre, said sticker campaign was clearly about AGL tryign to stop rival companies from getting to speak to its customers. “We would expect that it is being done to protect their market share. However, they’re not the first retailer to do it,” said Wilson.

The message from AGL tells consumers: “We know door-to-door sales people have a job to do, and we also understand you may be left alone. garage door repair palm coastSo you might find this sticker useful.”light oak upvc back door On the other side of the insert, consumers are invited to come into an AGL Smarter Living store in person to pick up a “sturdy vitreous enamel sign, free of charge”. victorian front door sheffieldThe small print says that only AGL customers can have the free sign.garage door service bend oregon Christopher Zinn, campaign director at One Big Switch, a company which markets itself on getting consumers better utilities prices,  said the campaign was ironic.garage door repair madison wisconsin

“AGL are certainly ‘Johnny-come-latelys’ to the operation. If you were responsible for a lot of door knocking it is somewhat ironic to put out ‘do not knock’ stickers,” said Zinn. genie garage door opener co“I would like to think they were responding to consumer demand to help keep door knockers away but there is the perception that the big players have the most to gain.”automatic garage door closer motion sensor AGL told Mumbrella that the campaign was not self serving and said was driven by research the company had conducted. “The reason we are doing it is in response to customer concern. People really don’t like it,” Karen Winsbury head of AGL corporate communications, told Mumbrella. “It was launched in response to research we conducted which showed our customers disliked door knocking practices.”

In March this year AGL ceased its door knocking. Zinn argues that the current campaign is an attempt by one of the major utilities players to restrict competition in the utilities sector. “The argument against the big guys like AGL sending out ‘do not knock’ stickers has been that small players seeking to grow market share are limited in what was one of their best channels,” said Zinn. The Consumer Law Centre’s Wilson also urged AGL to drop its current action against the Australian Competition and Consumer Commission in regards to ‘do not knock stickers’. “If they think the sticker doesn’t work then why on earth are they doing it themselves? It doesn’t make a lot of sense, ” said Wilson. “By publishing this (campaign) they are admitting the stickers do work.” AGL conceded there was an irony. “Look there is, and I appreciate it certainly appears that way,” said Winsbury who argued the current court action was an attempt by the company to reform current consumer law.

“As matter of law that we don’t believe the law as it is currently drafted constitutes a request to leave the premises,” she said. “We believe it should but that is why we are arguing the case. If we lose all good it’s rock solid but if we win it means consumer law will hopefully be revised.”If we were to categorize people by profession and then rank them, I have to imagine door-to-door salespeople and telemarketers would generally be towards the bottom (but then again, attorneys would too, so they’re in good company). There are ways to prevent telemarketers from calling you through a simple online registration, which, if violated by a telemarketer subjects them to criminal and civil penalties.But what about door-to-door salespeople? Why don’t we pass a law banning door-to-door solicitation so we can live our lives uninterrupted by pushy peddlers?It may not surprise you to discover that many cities have tried. But the United States Supreme Court has consistently upheld a constitutional right to knock on someone’s door and annoy the person behind it.

The actual court holdings had little to do with the right to annoy and everything to do with the sacrosanct right to free speech as protected under the First Amendment to the U.S. Constitution.If you want the specifics, you can read the cases here:The gist of the rulings is that there are less restrictive ways of protecting a homeowner’s privacy than restricting a salesperson’s right to free speech, so ordinances that prohibit soliciting outright are unconstitutional. They are, however, constitutional, if all they do is reasonably place limitations on the soliciting, like requiring that all solicitation occur between 8:00 a.m. and 9:00 p.m.A common thread among most these cases is that if a homeowner really wants to prevent solicitors, all they have to do is post a sign that says they do not want solicitors.You may not know that salespeople are often trained to ignore no soliciting signs. Let’s assume then that you have a no soliciting sign, but a salesperson ignores it? The answer depends on what city and state you live in.

Las Vegas and Henderson each have their own municipal codes that address this issue.In Las Vegas, the applicable code is 6.62—Peddlers and Solicitors. It reads in pertinent part as follows:“Peddle or solicit” means to sell, offer for sale, or solicit orders for goods or services upon the streets, sidewalks, or alleys of the City, or by going from dwelling to dwelling or place to place whether by foot or by other means of transportation.No person engaged in peddling or soliciting shall …(E) Attempt to peddle or solicit at any dwelling where there is displayed near its entrance a sign bearing the words “No Peddlers or Solicitors” or other words of similar import, except pursuant to a prior invitation by any person residing in such dwelling.Henderson’s Municipal Code, 4.12—Door-to-door Solicitors, Peddlers and Canvassers, has similar language:It shall be unlawful for any natural person, while canvassing, peddling or soliciting, to enter upon any residential premises or to knock on the door, window or any other part of the residential structure, or ring the bell of any residential premises, or to do any other act calculated to attract the attention of anyone inside of the premises

, where the owner, resident, occupant or person legally in charge of the premises has posted, at the entry, or any of the points of ingress to the premises, a sign with visible and legible letters at least three-fourths of an inch in height bearing the words “No Trespassers,” “No Canvassers,” “No Peddlers,” “No Solicitors,” or words of similar import. A sign containing any of these or similar phrases is deemed to prohibit all activities governed by this chapter. This regulation shall apply to all groups of structures or complexes such as apartments, condominiums or private gated communities, which have posted such a sign or signs with letters at least one and one-half inches in height at the entrance(s) or other point(s) of ingress regardless of whether any individual particular residence is posted.This section shall not apply, however, when the solicitor, peddler or canvasser has, despite the signage, been specifically invited by the owner, resident, occupant or person legally in charge of the premises.

The Henderson Municipal Code has its own definitions of “canvasser,” “peddler,” and “solicitor,” which each are quite lengthy, but which in a nutshell are as follows:In both Las Vegas and Henderson, it is unlawful for a door-to-door salesperson to attempt to sell you something if you’ve posted a No Soliciting sign.But what about members of religious organizations who aren’t there to sell you anything but to preach, give you literature, or otherwise share a message with you for free?In Las Vegas proper, the “no soliciting” sign does not appear to apply to religious canvassers, so your sign won’t have the same effect in Las Vegas as it does in Henderson.In Henderson, the question is a complicated one. The term “canvasser” does not appear to apply to all proselytizers, just those whose primary purpose is the distribution of “a handbill or flyer advertising a noncommercial item, cause, event or service.” Depending on the purpose of the visit, then, a religious missionary may be within their rights to approach your door even though there is a “no soliciting” sign.

Soliciting where you aren’t welcome is different than trespassing. Trespassing is much broader.Trespassing is defined as the entry “upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act” or the willful entry or remaining “upon any land or in any building after having been warned by the owner or occupant thereof not to trespass.” NRS 207.200.For our purposes, we will examine the second definition of trespass—remaining on someone else’s property after having been warned not to trespass.For a residence, sufficient warning to a would-be trespasser includes any of the following:Oddly, it also constitutes notice not to trespass if you paint something on the outside border of your property in fluorescent orange, at least 50 square inches in size, at at visible intervals of not more than 200 feet between each orange beacon.So if you don’t want door-to-door salespeople to enter your property, but are okay with religious recruiters, a no soliciting sign should be enough in either Henderson or Las Vegas, and in Henderson should screen some religious types as well.