Legal Question in Business Law in California

What are the laws about marketing to business'

Hi, I was wondering if there are laws that prohibit business' marketing to other business' via phone and e-mail?

Does the national ''Do not call registry'' and anti-spaming laws cover business as well?


Asked on 4/20/09, 9:13 pm

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: What are the laws about marketing to business'

I disagree completely with the previous answer. This is an area I practice almost exclusively.

Federal and state marketing laws apply to business senders of advertising. The various forms of advertising have different laws, so that some forms of advertising (such as pre-recorded telephone advertising) may be completely lawful to businesses (even while absolutely prohibited to residences), but email advertising applies to business recipients even more than to consumer recipients, as business recipients are more likely to have standing under CAN-SPAM. The various states also have laws that must be taken into account.

So, a simple answer to your questions is not possible. There are too many variables to take into account.

If you are considering either making use of this type of advertising or suing to enforce your rights, you should contact an attorney with experience in this area. The rules are complex and not at all uniform from state to state. Please feel free to contact me for a free initial consultation.

Read more
Answered on 4/21/09, 11:24 am
Mark Muntean Mark Muntean, Attorney at Law

Re: What are the laws about marketing to business'

The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. It is directed at protecting consumers and not business.

Read more
Answered on 4/20/09, 9:24 pm


Related Questions & Answers

More Business Law questions and answers in California