Scrutinize Program Materials, Offers

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Andrew Lustigman, a DM News columnist and a lawyer at Lustigman Firm, New York, which focuses on direct and promotional marketing law, gives this advice for mailers, list brokers and managers:

  • Get copies of the advertising and fulfillment materials.
  • Compare what is advertised with what is being provided: Do they match?
  • Has legal counsel reviewed the program, especially for dietary supplement, business opportunity and other hot-button programs? Ask for a copy of the opinion letter.
  • Confirm particularly for electronic acquired data that its use is permitted under the posted privacy policy and/or representations to the public as to how data will be handled.
  • Anything involving gambling should be scrutinized and the legality of the underlying service confirmed.
  • If telemarketing is involved, the supplier should confirm that the list will be scrubbed by or at the direction of the seller under applicable do-not-call lists, and that the telemarketing script complies with the Telemarketing Sales Rule. For this point, obtain legal signoff.
  • Retain all supporting materials.

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