Legal Issues Surrounding Door Hangers
There are several legal considerations when it comes to using door hangers. Although door hangers may seem like a harmless form of advertising, there are laws in place that outline when and how a business or individual can distribute them.
Unsolicited advertisements
In cases where door hangers are considered "advertisements," there may be temporary restrictions on distribution. For example, in Palm Coast, Florida, there is an ordinance in place prohibiting "the placement of unsolicited written material on residential property in the City of Palm Coast."
Palm Coast Code Section 14-59 defines an unsolicited written advertisement/direct mail as material that consists of either a printed advertisement on a single sheet of paper or in a small booklet form that is not explicitly addressed to a particular person, entity, or location. These materials are left either in a mailbox or attached to a door handle. If it is put inside a mailbox, it is technically against U.S. Postal Service regulations.
This ordinance includes distribution of unsolicited material on commercially zoned as well as residential properties. Deliveries of door hangers on or before New Year’s Eve are exempt from this ordinance provided the material is not placed in a mailbox. Palm Coast has a ban in place for any solicitations after 10 PM and on Sundays. Commercial businesses are prohibited from distributing any promotional materials on any holiday.
Florida Statute 810.08
Section 810.08 of Florida Statutes—when interpreted broadly—prevents individuals from dropping off any type of material that could result in criminal mischief. Essentially , if a door hanger—especially one that contains adhesive—is placed on a property or in a mailbox resulting in damage to the property, the individual responsible could be charged with criminal mischief. In a broad sense, Florida Statute 810.08 prevents this type of destruction of property, regardless of whether it is accidental or intentional.
Another provision of this statute prevents individuals from placing any type of material (such as a door hanger) on private property that could result in criminal mischief. Some of these materials include soap, dirt, and paint, and if they physically touch, mark, soil, or discolor a structure, the guilty individual would be considered guilty of criminal mischief.
Although door hangers are commonly used by businesses to promote their services, when distributed on residential properties, they can fall under restrictions or ordinances. Understanding the regulations in each state and, particularly, each municipality where they are distributed is essential for a business hoping to avoid costly run-ins with the law.
Municipal Codes and Regulations
Local ordinances may also affect whether door hangers are permitted. Many municipalities have regulations concerning the posting or distribution of written material, commercial or otherwise, on any property without the property owner’s consent or in a manner that may be considered litter. Some municipalities also have rules or permit certain restrictions against the placement of items on private properties without the owner’s consent, in particular for posting material on multiple private properties without the property owner’s express consent, or for distributing material on any property without the property owner’s express consent.
Some municipalities even have requirements for pre-clearance prior to engaging in blanket door hanger distributions. For example, one municipality prohibits door hangers without the prior permission of the municipal mayor and/or city manager. Another prohibits door hangers unless the person places their name and address on the door hanger. Yet another requires a permit for someone who "engages in canvassing by ringing doorbells, knocking on doors, leaving literature on residential premises, distributing door hangers or engaging in any other method of distributing materials…." Some municipalities even completely prohibit the distribution of door hangers.
These examples show that it is important to check local ordinances when considering the legality of door hangers.
HOA Policies and Their Impact
In both cases, the community’s governing documents such as the declaration of covenants and restrictions or other association rules may contain rights and obligations regarding door hangers. For example, covenants may require residents to obtain permission from the board of directors or architectural committee before leaving flyers or door hangers or may prohibit the placement of door hangers on the properties of persons who have asked that they not be distributed. Some common provisions found in HOA governing documents and covenants include:
Even if door hangers are not prohibited (or permitted subject to conditions) by association documents, some states require civil action when a homeowner’s covenant is violated. For instance, in Florida, even if the recipient of a door hanger has agreed to allow placement on his or her property, the distributor must still provide written notice stating:
Many times, the expressed intent and purpose of door hanger distributions is to help obtain necessary signatures for a petition to the Municipal Zoning Board or the County Commission. Many municipalities do not require a zoning classification change so there is no need to go through the zoning petition process. Failure to properly follow the zoning petition process may result in the denial of the petition and ultimately the waste of time for those seeking the zoning classification change.
Ethics in Marketing Materials
To steer clear of potentially costly legal issues and maintain positive relationships with the community they serve, conscientious marketers adopt best practices when employing door hangers as part of their sales and marketing strategy. Given the controversy surrounding door hangers, wise marketers adopt caution in their use or risk generating negative responses as well as invalidating event permits they have purchased. As a general rule, door hangers agencies should avoid distributing door hangers:
• After normal rest hours — Late night or very early morning activity can be considered a nuisance by homeowners and lead to conflict with local "noise" ordinances that often run from 10 pm to 7 am.
• If there are DON’T SOLICIT signs posted at residential properties. Violating No Solicit signs may result in a trespassing charge , even with a permit.
• If it is not permitted — Some municipalities require a permit for distribution of printed materials, including door hangers.
• When there’s a local ordinance or HOA rule against placing door hangers on vehicles. Again, this type of offense is often considered a trespassing violation.
• When the information is not accurate, misleading or doesn’t provide a telephone number or address for the agency that mailed them.
Penalties for Not Following the Law
Failure to adhere to the specific rules governing door hanger solicitation can have costly consequences. Non-compliant door hanger campaigns can cause a business its reputation and potential financial penalties from homeowners associations, municipalities, or both.
A business that disregards the legal and regulatory requirements governing door hanger solicitation exposes itself to lawsuits, fines, rescissions of contracts, revocation of licenses, and numerous other adverse actions. In some areas, such as New York City, unlicensed door hangers are treated as litter, exposing its distributors to potentially costly fines.
In addition, homeowners associations frequently assess monetary penalties against businesses that violate its rules. Even in the absence of a fine, the association likely has the right to force a business to remove the illegally distributed door hangers. This can result in expensive labor costs to re-collect and redistribute door hangers in a compliant manner.
Door hanger solicitation can also lead to potential criminal charges in some jurisdictions. For example, in New York City, it is illegal to leave door hangers on parked vehicles on private property without express written permission of the owner of the parked vehicle. Violators subject themselves to criminal penalties.
Door Hanger Alternatives
Several alternatives exist to door hanger advertising, some of which are far more affordable and easier to implement than others, though none of them involve touching personal property without permission.
If you have the budget for it and want to really get a good return on your investment, you might consider hiring a contractor to paint wall advertisements directly onto the painted wall surface of a building. This option is used by both non-profit organizations and major brands like Starbucks. Wall paintings typically cost upwards of $250, depending on how intricate the painting design is and how large the advertisement is. Bigger images will be pricier and every little detail counts when it comes to painted murals. However, this option offers perhaps the most value for activating the right target audience who will frequently see a local business’s contact information, logo, and advertisements while probably simultaneously drawing the attention of passersby.
Radiant signs are an alternative to painting where an ad design gets painted onto cardboard. Once a complete ad campaign has been written and the ad itself printed onto a piece of cardboard, a series of black lights will cause the text to glow in darkness and make the ad attract attention, even in places with very low light. Someone passing by will only see one line of the ad at a time, but they will not be given an opportunity to miss any individual line of text.
If you lack the budget to produce a mural or radiance sign , you can also make use of a relatively cost-effective promotional product that will advertise a business more effectively than door hangers: the magnet business card. Magnets can stay stuck to the fridge long after they get taken into someone’s home. People place important reminders on their fridge all the time, whether those reminders are appointments, grocery lists, or simply how much milk is left. A business card magnet, like a car magnet, will rarely ever get thrown out or neglected.
If your marketing campaign focuses on a target gender, you could also consider hand fan giveaways. Hand fans work like door hangers—almost every home will have at least one hand fan left lying around somewhere in the house—except they don’t damage paint jobs and can get re-used. Hand fans may be custom printed with designs that are meant to promote local businesses. Advertisers may be tempted to bias giveaways in favor of one gender or the other, opting to print more handfans for women than men, but unless you’re marketing makeup, this stance is unwise. While there’s a strong female bias for handfans, the typical retail customer also buys gifts for an even wider array of friends and family, including male ones. Unless your giveaway is explicitly for women’s goods intended for women, handfan giveaways may actually be more valuable than door hangers, and again, offer less legal risk to the advertiser.