Marketing Buzz 10/04

Not up on your marketing law? It could cost you. Here are some important updates:

• Amendment to the Telemarketing Sales Rule: Starting in 2005, direct marketers will need to clean telemarketing lists every 30 days (matching them against the National Do Not Call Registry, and removing names that match) or be fined up to $11,000 per violation.

• CAN-SPAM update: In May, Sen. John McCain (R-AZ) urged the FTC to start targeting for prosecution companies using spam to advertise their products, as well as the companies doing the e-mail campaigns. Robert Jackson, an attorney with law firm Reed Smith in Washington, DC, says this will make companies reluctant to use spam for marketing. More states, he adds, may pass anti-spam legislation like Maryland's, which lets the state impose penalties of 10 years in jail and fines of up to $25,000, beyond any federal penalties.

• Utah's Spyware Control Act: Signed into law in March, it prohibits companies from using software that tracks Utah residents' online activities (among other things) without disclosure. So if you use spyware or cookies on your Web site to watch where users are going, you'd better tell the folks who live in Utah or face fines of up to $10,000. The law is being challenged in Utah, but other states are looking at similar measures.

is a consultant and writer specializing in marketing.

Content Continues Below