Legal Question in Business Law in New York

is it legal for advertising magazine..

Thisis for New York.Is it legal for a small corp. to distribute advertising brochure on the front lawn of homes and inside the main entrance of apartment buildings. Also, is it legal to send advertising email (individually not bulk) to online store when the email does not contain a physical returning address but has everything else: name of sender, website, email address, real subject, and opt-out option.


Asked on 3/24/07, 4:48 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: is it legal for advertising magazine..

See my answers in ALL CAPS in context below. I don't mean to shout, but it is a convenient means to differentiate between your questions and my responses.

YOU WROTE:

This is for New York.Is it legal for a small corp. to distribute advertising brochure on the front lawn of homes and inside the main entrance of apartment buildings.

IF YOU HAVE PERMISSION OF THE PROPERTY OWNER, YOU CAN DISTRIBUTE YOUR BROCHURES ON THEIR PROPERTY. IF YOU DON'T HAVE THEIR PERMISSION, YOU ARE TRESPASSING, WHICH IS NOT LEGAL.

Also, is it legal to send advertising email (individually not bulk) to online store when the email does not contain a physical returning address but has everything else: name of sender, website, email address, real subject, and opt-out option.

THE ABSOLUTE ANSWER TO YOUR QUESTION IS "IT DEPENDS." WHERE ARE YOU GETTING THE EMAIL ADDRESSES YOU WILL USE TO SEND YOUR SOLICITATION EMAIL? IN ANY CASE, YOU WLL NEED INCLUDE A PHYSICAL RETURN ADDRESS; GET A PO BOX IF YOU DON'T WANT TO USE YOUR HOME ADDRESS. WHAT YOU ARE DESCRIBING IS UNSOLICITED CONTACT, AKA SPAM, SO DO BE ABSOLUTELY CERTAIN THAT YOU INCLUDE AN OPT-OUT PROVISION.

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Answered on 4/01/07, 11:26 pm


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