Marketing Buzz 10/04

Marketing law basics, banning pop-up ads and more
Magazine Contributor
Writer and Author, Specializing in Business and Finance
2 min read

This story appears in the October 2004 issue of Entrepreneur. Subscribe »

Legal Eagle?

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.

Looking for marketing ideas? Check out these publications for inspiration:
  • Fuel: Powers up your promotion with five issues per year (in print or online)
  • Larry Chase's Web Digest for Marketers: An almost-weekly online newsletter that rounds up the best Web sites on a variety of marketing topics
  • MarketingProfs Today: A free, weekly e-zine filled with marketing strategy, ideas and trend articles penned by marketing professors and professionals
  • PR Fuel: A free online publication that offers low-cost tips and actionable advice
  • The Publicity Hound: For $49.95, get promotional ideas e-mailed to you six times per year as well as current publicity opportunities; a free, weekly newsletter with tips is also offered.

of Web publishers say they have banned pop-up ads from their sites.
Statistic Source: CheckM8

of customers say most companies do not provide good customer service.
Statistic Source: Connell Associates

is a consultant and writer specializing in marketing.

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