As the spring selling season kicks into high gear, so will your marketing efforts. This is a perfect time to refresh on the company’s Do Not Contact Policy. Failure to comply with federal and state laws when contacting consumers (e.g., calls, emails, texts and faxes) can lead to significant monetary penalties. Below are a few helpful but important reminders.

  • Now is a good time to review the company’s Do Not Contact Policy, which contains very important information that will help you understand the legal rules. You can find the Do Not Contact Policy here and on our intranet site. A helpful FAQ is also available.
  • There are laws governing how and when you can legally contact a consumer via phone call, text message, email or fax. You should never rely on anyone else to ensure that your communications are appropriate. The ultimate responsibility is yours.
  • Be cautious about entering into relationships with outside vendors (including online software platforms) that you retain or engage to assist you in transmitting mass or bulk communications to consumers. These vendors may utilize technologies (e.g., auto-dialers and/or robo-caller services) that may violate federal and state laws unless you have express consent from the recipient to send them the message. In most cases, they are assuming that you have obtained any required consents to communicate with the consumers and the fine print on their websites may state that it is your responsibility to comply with applicable law. Consider also whether vendors specialize in consumer contacts for retail and commercial purposes, rather than for charitable or political purposes, which have different rules.

Please be aware that while the Legal Assistance Program is comprehensive and effective, claims relating to your failure to follow these applicable laws are not Program Claims under the Legal Assistance Program.

Look to CB Briefs for future communications about this important topic. Thank you for your attention to this matter.