Scrutinize Program Materials, Offers

Share this article:

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.
Share this article:
You must be a registered member of Direct Marketing News to post a comment.
close

Next Article in News

Sign up to our newsletters

Follow us on Twitter @dmnews

Latest Jobs:

More in News

Candidates Offer Change In The Form of Targeting

Candidates Offer Change In The Form of Targeting

A campaign for Ben Carson raised $2.8 million despite his lack of cooperation.

Target Names Retail Veteran Brian Cornell as CEO

Target Names Retail Veteran Brian Cornell as CEO

He leaves the top job at PepsiCo Foods to take the spot vacated by Greg Steinhafel in the aftermath of the data breach.

NBA Names Insurance Exec as its CMO

NBA Names Insurance Exec as its CMO

Nationwide and State Farm veteran Pamela El takes the league's marketing helm next month.