Direct mail marketing remains a popular and effective marketing strategy for many businesses. However, there are important legal considerations to keep in mind when utilizing direct mail.
This article will outline some of the key legal issues businesses need to be aware of regarding direct mail marketing.
CAN-SPAM Compliance
The CAN-SPAM Act is the main law regulating commercial email in the United States. While direct mail is not considered email, many of the principles of CAN-SPAM still apply.
All direct mail communications must include accurate from/to addresses and opt-out instructions. Businesses must honor opt-out requests within 10 business days.
Data Privacy Laws
Direct mail relies on collecting customer data like names and addresses. Businesses need to comply with data privacy laws like the General Data Protection Regulation (GDPR) in how they collect, store, and use customer information for direct mail.
Consent is required and customers have rights to access, rectify or erase their data.
Do Not Mail Lists
The Direct Marketing Association maintains a Do Not Mail list that includes addresses of consumers who do not want unsolicited mail.
Businesses should check addresses against this list before sending any direct mail. State Do Not Mail lists may also apply and need to be checked for compliance.
Telemarketing Regulations
If a direct mail piece includes a phone number for recipients to call the business, it may be considered a “telephone solicitation.” This subjects the mailing to additional telemarketing laws like the Telephone Consumer Protection Act (TCPA).
Written consent is required to call numbers on the National Do Not Call Registry.
FAQs
Q: What information must be included on every direct mail piece?
A: The sender’s identity, physical address and opt-out instructions in case the recipient no longer wants to receive mailings. Failing to include this information can result in CAN-SPAM violations.
Q: How often can a business mail to the same recipient?
A: Mailing frequency is not strictly regulated, but mailing too often runs the risk of being seen as spam. No more than once a month is generally considered reasonable, unless the recipient has specifically opted-in to more frequent communications.
Q: What are some examples of deceptive direct mail practices?
A: Things like mailing pieces that resemble invoices or bills without clearly explaining they are advertisements, using false return addresses or postage, making false claims or pretending to be a government entity when you are not. Deceptive mailings can lead to legal issues.
Q: How should opt-out requests be handled?
A: Businesses must honor opt-out requests, whether received by phone, mail or email. The opt-out should be processed within 10 business days and the person’s information removed from future direct mail lists. Failure to comply with opt-outs can result in penalties.
Q: What kinds of disclaimers are necessary?
A: Any time health, efficacy or performance claims are made, clear and conspicuous disclaimers are needed. Disclaimers help prevent deceptive advertising issues. Results claims also typically require disclaimers stating that results may vary per individual.
Conclusion
Direct mail remains a powerful marketing tool when done right. Following relevant laws around data privacy, spam, and do not contact lists is essential to stay compliant and build trust with customers.
With the proper legal safeguards, direct mail can be an effective part of a multi-channel marketing strategy.
