Legal Question in Legal Ethics in Virginia

Re: National Criminal Justice Center

First, groups will usually honor your request to take a name off their mailing list. They don't want to waste the postage if their letter is not welcome.

It may take several weeks or more for the change to take effect, because there is a long process involved in doing mailings, and they may already be working today on a mailing that will not hit the mail box for another 4-6 weeks. It may take several requests.

The problem comes when someone like your father is an adult of sound mind and has a right to make his own decisions, and then they hear from a family member. What should they do? Should they listen to you or to an adult who has his own rights to do what he wants? This puts such groups in a difficult situation.

Normally they will drop the name from their mailing list simply to avoid the controversy.

Is the specific mailing by the National Center for Public Policy Research deceptive or fraudulent? One would have to see the mailing.

If they are saying something or presenting their mailing in a way that is misleading or deceptive, you may be able to complain to the Virginia Attorney General or take some legal action (though if your father is not in agreement with you, that would be hard to do, because he would be the one with "standing" to take legal action.)

I should disclose that 15-20 years ago I knew people at the National Center for Public Policy Research and worked with them in coalitions. I have no idea what they have been doing for the last 10-15 years.

I am also involved in another organization that does political fund-raising. This comes up regularly. We drop names from our mailng list, no questions asked, because we don't want to be mailing to people who (a) will cause us problems, or (b) will be a waste of our precious, very-limited postage budget.

I will point out that the content of fund-raising letters is often controlled by the fund-raising company, and the organization often has very little input in or control over the fund-raising letters that go out. Yes, they would be ultimately responsible legally. But it does happen that "good people" in an organization can send out "bad" fund-raising letters, because they are very, very, very dependent upon their fund-raising company, and cannot disagree with them easily.

Nevertheless, if the NCCPR letters are FORMATTED in such a way (appearing to be a summons or legal document), or PHRASED in such a way, that they would deceive the average person, then your father might well have a right to sue to get his money back plus punitive damages. You or anyone could complain to the AG of Va. The only reason you couldn't sue is *IF* you can't show the Court that you personally lost any money.

Re: National Criminal Justice Center

First, groups will usually honor your request to take a name off their mailing list. They don't want to waste the postage if their letter is not welcome.

It may take several weeks or more for the change to take effect, because there is a long process involved in doing mailings, and they may already be working today on a mailing that will not hit the mail box for another 4-6 weeks. It may take several requests.

The problem comes when someone like your father is an adult of sound mind and has a right to make his own decisions, and then they hear from a family member. What should they do? Should they listen to you or to an adult who has his own rights to do what he wants? This puts such groups in a difficult situation.

Normally they will drop the name from their mailing list simply to avoid the controversy.

Is the specific mailing by the National Center for Public Policy Research deceptive or fraudulent? One would have to see the mailing.

If they are saying something or presenting their mailing in a way that is misleading or deceptive, you may be able to complain to the Virginia Attorney General or take some legal action (though if your father is not in agreement with you, that would be hard to do, because he would be the one with "standing" to take legal action.)

I should disclose that 15-20 years ago I knew people at the National Center for Public Policy Research and worked with them in coalitions. I have no idea what they have been doing for the last 10-15 years.

I am also involved in another organization that does political fund-raising. This comes up regularly. We drop names from our mailng list, no questions asked, because we don't want to be mailing to people who (a) will cause us problems, or (b) will be a waste of our precious, very-limited postage budget.

I will point out that the content of fund-raising letters is often controlled by the fund-raising company, and the organization often has very little input in or control over the fund-raising letters that go out. Yes, they would be ultimately responsible legally. But it does happen that "good people" in an organization can send out "bad" fund-raising letters, because they are very, very, very dependent upon their fund-raising company, and cannot disagree with them easily.

Nevertheless, if the NCCPR letters are FORMATTED in such a way (appearing to be a summons or legal document), or PHRASED in such a way, that they would deceive the average person, then your father might well have a right to sue to get his money back plus punitive damages. You or anyone could complain to the AG of Va. The only reason you couldn't sue is *IF* you can't show the Court that you personally lost any money.