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Understanding and Complying with Federal Consumer Protection Laws

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By: Jo Ann Joy

In 2003 the federal government realized that people were tired of junk mail, telemarketing calls, and unsolicited emails and faxes. The FTC enacted the Do not call program and the Do not call Registry so that consumers can have their names removed from telemarketing lists. They can also have a pre-recorded message on their answering machine that tells telemarketers that they are on the Do not call list and the telemarketer cannot complete the call.

To register or to get information, visit www.donotcall.gov or call 1-888-382-1222 from the phone you want to register. You will receive fewer telemarketing calls within three months of registering your number. Your block on telemarketing calls will stay in the registry for five years unless the phone is disconnected or you take it off the registry. You can renew your registration after five years,

The consumer protection also gave consumers a way to stop mailed pre-approved credit offers for two years. Consumers can call 1-888-5-OPTOUT (567-8688) for more information, and the three credit bureaus offer a toll-free number that enables you to opt-out of receiving pre-approved credit offers. You must notify all three major credit bureaus that you do not want personal information shared for promotional purposes. The FTC provides a sample letter that you can use send your letter to Equifax, Inc., Experian, and TransUnion.

Consumers can also reduce unsolicited mail and emails by registering with the Direct Marketing Associtin, and their name will be put on a delete file. All direct-mail marketers that are members of DMA’s Mail Preference Service will be advised that the consumer does not want direct-mail marketing materials. To register with DMA, register online at www.the-dma.org/consumers/offmailinglist.html or send a letter to:

Direct Marketing Association
Mail Preference Service
PO Box 643
Carmel, NY 10512

How to Comply with Consumer Protection Laws

If you send commercial or marketing facsimiles, you must comply with the FCC Junk Fax Prevention Act. Your facsimiles must contain and opt-out provision that gives the recipient the opportunity to tell you not to send any more. The following is suggested opt-out language for you to include in commercial faxes until the FCC provides specific language:

The recipient of this facsimile may request that the sender not send any future similar documents to a designated facsimile machine(s). The sender’s failure to comply within the shortest reasonable time after an appropriate request from the recipient is unlawful. To opt out of further facsimile advertisements from this sender, please call ___________,fax _____________,or email _______________ any time on any day of the week.

If you send out commercial emails, the CAN-SPAM law enacted in 2005 requires that an opt-out provision be included in the emails with the following language:

1. a legitimate return email and physical postal address;

2. a clear and conspicuous notice of the recipient’s right to opt-out and decline to receive any future messages;

3. an email address or other mechanism by which the recipient may request not to receive any future email messages from the sender must be active for at least 30 days after the email is sent; and

4. a clear and conspicuous notice that the message is an advertisement or solicitation.

Jo Ann Joy, Esq., MBA, CEO Copyright 2006 Indigo Business Solutions. All rights reserved.

You may contact Jo Ann by phone at (602) 663-7007, by fax at (602) 324-7582, by email at joannjoy@Indigo Business Solutions.net, and by mail at 2313 East Ocotillo Rd., Phoenix, AZ 85016

For more information about these and other important business topics and for legal consultation, please visit our website at http://www.IndigoBusinessSolutions.net

The future of your business starts here.

About the author

Jo Ann Joy is the CEO and owner of Indigo Business Solutions, a legal and business consulting firm. Indigo Business Solutions is a “one stop shop” for small businesses. We differ from other business consulting firms, because we offer comprehensive legal and business counseling. We can offer most of the professional services that a business requires. We work with our clients to develop strategies that create value and competitive advantage. Our goal is your success.

Jo Ann has a law degree, an MBA, and a degree in Economics, but she is not a traditional attorney. Rather, she is a strategic business attorney who works closely with clients to create and implement strategies that will greatly improve their performance and chance of success. Her background includes commercial and real estate law, accounting, financial planning, mortgages, marketing, product development, banking, and business strategies. She ran a successful business for 10 years, and she has written and given presentations on many different legal and business subjects.

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