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.
