Dandelions and Liability

Share this content:

NEW YORK -- One thing that all list managers and brokers have in common is the ever-looming issue of compliance.

That is exactly what Andrew B. Lustigman focused on at Avrick Direct's "Legal Issues That Affect List Brokers" conference at the New Yorker Hotel.

The issue of supplier liability lies on the standard of knowing, and making sure to know, Mr. Lustigman said.

"The standard is you know or you should have known," he said. "Willful blindness" is not tolerated.

Much of it involves clients being located internationally, making it hard to get people outside the border, he said, and so those within the border are being scrutinized.

This is based on the dandelion effect. When a dandelion is ripped out by the roots, it dies -- and supervisors are trying to get to the root of the problem.

"Brokers and managers have the obligation to determine whether their vendors are in compliance," Mr. Lustigman said.

Mr. Lustigman outlined what brokers and managers should do. First and foremost, they should get to know their clients and their businesses. Also, they must independently verify their clients' marketing program, ensuring that their fulfillment matches the marketing script.

In addition, substantiation from outside lawyers through a legal opinion letter could be helpful. These individuals also need to read their clients' privacy policy and ensure that it conforms to the data, he said.

Not complying, by acting irresponsibly or by willful blindness, could bring civil and criminal charges against brokers and managers -- the roots of the dandelion.


Next Article in Marketing Strategy

Sign up to our newsletters

Company of the Week

Since 1985, Melissa has helped thousands of companies clean, correct and complete contact data to better target and communicate with their customers. We offer a full spectrum of data quality solutions, including global address, phone, email, and name validation, identify verification - available for batch or real-time processes, in the Cloud or on-premise. Our service bureau provides dedupe, email/phone append and geographic/demographic append services for better targeting and insight. For direct mailers, Melissa offers easy-to-use address management/postal software, list hygiene services and 100s of specialty mailing lists - all with competitive pricing and excellent customer service.

Find out more here »

Career Center

Check out hundreds of exciting professional opportunities available on DMN's Career Center.  
Explore careers in digital marketing, sales, eCommerce, marketing communications, IT, data strategies, and much more. And don't forget to update your resume so employers can contact you privately about job opportunities.

>>Click Here

Relive the 2017 Marketing Hall of Femme

Click the image above