Tue, Dec. 14, 2004

Direct Mail Advertising

CK - Washington.   A German mailing list closed a recent discussion of possible legal remedies against unwanted mails, faxes, and emails with an authoritative list of links prepared by Berlin attorney Michael Seidlitz. His list includes references to other explanations of the various legal bases for several forms of advertising as well as guides for consumers.
Generally, Seidlitz notes that direct mail advertising remains legal in Germany until a recipient opts-out by notifying the sender. A note attached to a mailbox to distributors of fliers can be binding and subject the distributor or the sender to liability. Faxes, emails and SMS mobile text messages are subject to tight restrictions. Generally, they require an opt-in on the part of the recipient or an ongoing business relationship. Violations often result in cease-and-desist demands where the legal fees of the recipient are shifted to the originator of the advertisement.

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