Are you following laws like the “30-day Rule” when selling physical products online?

⤵️ WHAT is the “30-day Rule”?

Federal laws require that when you advertise and sell physical items, you must:

→ Have a reasonable basis for stating or implying that you can ship within a certain time.

OR

→ If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days.

⤵️ WHEN does the 30-day rule apply?

It doesn’t matter how you market the items, how the customer pays, or who reached out first. The 30-day Rule still applies. This is even if the customer orders by mail, phone, or internet.

⤵️ WHAT HAPPENS if you can’t ship in time?

If you accept a customer’s order and then realize you can’t ship the product to them within the time you said or within 30 days, the law requires that you get your customer’s permission for the delay.

If you’re unable to get the customer’s permission (whether phone, email, or otherwise) the law requires that you immediately refund all the money your customer paid for the unshipped items.

Want more marketing law tips? Connect and follow me on LinkedIn!

Are you spending too much time in Meetings?

One study shows that 15%+ of a person’s job satisfaction is based on how satisfied they are with their work meetings!

5 tips to improve your work productivity and happiness

1️⃣ Look at your calendar with the intent to delete all of your meetings. Ask yourself why you need to keep any of them. Only keep the meetings that would be the best and highest use of your time. Cancel or decline the others and see if you’re more productive.

2️⃣ Try shortening your meetings by 15 minutes each week until you get the best length.

3️⃣ Have a clear purpose and agenda for all meetings or ask for these before you accept a meeting. If the meeting is not the best use of your time then consider declining the meeting.

4️⃣ Do you have daily/weekly/monthly recurring meetings? Try cancelling them and only scheduling those meetings when they are most valuable. Try sharing info via Microsoft Teams, productivity apps like Monday.com, or a shared google doc instead.

5️⃣ Be ok with not being at meetings. Feel confident in your decision to be productive in other ways.

Want more tips? Read “Joy At Work” by Marie Kondo and Scott Sonenshein.

Need an efficient business lawyer? Schedule a free 15 min consult with me!

Want more confidence with saying “NO”?

Do you find yourself overcommitting to obligations and not having enough time for more important tasks or family time? You’re not alone.

Here are 5 steps to help you set boundaries and say “No.”

1️⃣ Check Your Feelings
How do you feel now? A year from now? Will you have any regrets? Imagine your future self for greater insight into your decision.

2️⃣ Evaluate Your Experiences
What have you done in the past that you like or don’t like doing? Take note so you can align yourself with what you really want to do.

3️⃣ Estimate Your Future Commitments
Will you be able to manage your obligations? What will you be giving up? Understand the level of commitment in your decisions to make the most of your time and resources.

4️⃣ Assess Your Decisions Holistically
What will you gain from this experience? Is there a better use of your time? Don’t forget to look at the whole picture and assess the returns from the process as well!

5️⃣ Stay on Task by Showing Your Work
Be on the same page and avoid misunderstandings with your team with a thoughtful explanation of your decision-making process.

Follow and connect with me for more helpful tips! #youradattorney #lifehacks #businesstips #marketingtips

Do you have the one common trait of every successful person?

That trait is CONSISTENCY!

Consistency builds TRUST and helps you achieve your long-term GOALS!

Here are 5 tips to gain more consistency!

1️⃣ Be Specific about your Goals – Unclear goals tend to produce unintentional efforts. Write down your intentional goals with specific action steps to track how you’ll get there!

2️⃣ Remove Mental Barriers – Assess how beneficial your new habits could be and stick to your plan from step 1! If you miss a couple of days/weeks, that’s ok! Start back up (don’t give up)!

3️⃣ Create short-term goals within your long-term goals – Set regular reachable short-term goals within your long-term goals and reward yourself and your team for the short-term victories. These small victories lead to big successes!

4️⃣ Be Disciplined – Schedule time on your calendar to make sure you give yourself time to achieve your goals and stick to them!

5️⃣ Innovate to Avoid Burnout – Consistency doesn’t have to be tedious. Try new ways to keep your routine exciting!

Need a consistent business attorney? Set up a 15-minute call with me today to see if I can help.

Does your business use a negative option billing model? Here are 3 key requirements you need to follow.

📖 Negative option billing models – while there are various types, these models typically have a term or condition under which the business may interpret the consumer’s inaction to cancel an agreement or refuse a good or service as acceptance of their offer, including the continuation of the offer
– Some common types: automatic renewal, continuity plans, free-to-pay conversions 

💥📝 In response to an increase in complaints about unauthorized charges and difficult cancellation processes, the FTC recently issued a new enforcement policy statement warning companies that they’ll face legal action if they don’t meet these 3 requirements

📚 Summary of the 3 Key Requirements

1️⃣ Provide clear and upfront disclosures of all material terms of the product/service
✔️ Information about the product/service needed to prevent deception about the characteristics of product/service
✔️ Price increase following the end of the trial period and, if applicable, recurring charges unless consumer takes timely actions
✔️ Price to be billed and frequency of billing
✔️ Deadlines by which the consumer must act to stop charges
✔️ Date(s) each charge is submitted for payment
✔️ How to cancel
✔️ Disclosures must be easily noticeable, easy to understand, and not contain any additional information that undermines the consumer’s ability to understand the disclosures 

2️⃣ Receive consumer’s affirmative consent
✔️ Obtain consumer’s acceptance of the negative option feature separately from any other portion of the entire transaction
✔️ Not contain any additional information that undermines the consumer’s ability to provide expressed informed consent

3️⃣ Offer a simple and easy cancellation method
✔️ Provide cancellation method through the same medium and at least as easy as the method used to buy the product/service
✔️ Do not subject consumers to new offers or impose unreasonable delays to the consumer’s cancellation efforts

🎯 Contact me if you need help making sure your business’s marketing is under compliance with the law!

5 Changes You Need to Know About Mastercard’s New Requirements for Merchants Using a Subscription or Negative Option Billing Model

In an effort to reduce complaints and chargebacks from consumers and stay up to date with federal and state laws, Mastercard’s new requirements focus on point of payment disclosures with an extra set of requirements for negative options.

📅Key dates to know:
📌September 22, 2022: New point of payment disclosure requirements in effect 
📌March 22, 2022: All other requirements in effect 

📚 Quick Summary of Rule Changes for Merchants:

1️⃣ Point of Payment Disclosures
✔️Subscription/Recurring Billing Models 
・Must disclose subscription terms, including price and frequency of billing, and receive affirmative consent of terms
✔️Negative Option Billing Model
・Must disclose the terms and length of the trial period, including any initial charges, and the price and frequency of the following subscription. 
・Disclosures must be on the same screen as the order summary or where consumers enter their card information
・What is not accepted: requiring consumers to click on a link, scroll down the page, or expand a message box to see the terms

2️⃣ Enrollment Confirmation
・Must send a confirmation of enrollment to the consumer’s email or any other electronic method immediately following enrollment
・Confirmation must include the terms of subscription, the terms of a trial (if applicable), and clear instructions on how to cancel the subscription

3️⃣ Receipts
・Must send a receipt after each subscription billing by email or any other electronic method and include clear instructions on how to cancel the subscription

4️⃣ Reminders
✔️Negative Option Billing Model or Subscription/Recurring Billing Models with 6 Month+ Billing Periods
・Must send subscription reminders to consumers by email or any other electronic method between three and seven days before the card is automatically charged
・Notifications must contain the basic terms of the subscription and instructions on how to cancel the subscription prior to each billing date
✔️Additional Requirement for Negative Option Billing Model 
・Must send notifications prior to automatic enrollment in the full plan, inform the consumer that the subscription plan will begin at the end of the trial period unless canceled before the stated date, contain the basic terms of subscription, and instructions on how to cancel the subscription
・Note: Does not apply to high-risk negative option billing merchants offering a trial of a physical good that automatically enrolls consumer into a subscription plan following the end of the trial period 

5️⃣ Electronic Cancellation Method
・Must provide a simple and easy online or electronic cancellation method to subscribers 

🎯 Contact me if you need help with your disclosure, receipt, notification, and cancellation policies!

FTC highlights the importance of securing your customer’s data in accordance with your Privacy Policy

The operators of the MoviePass subscription service recently agreed to settle Federal Trade Commission allegations that they failed to take reasonable steps to secure subscribers’ personal data.

MoviePass collected names, email addresses, birth dates, credit card numbers, and geolocation information. MoviePass then stored personal data including financial information and email addresses in plain text and failed to impose restrictions on who could access it despite having a Privacy Policy stating they should use reasonable measures to protect personal information including encrypting customer emails and payment information. For more details (and more wrongdoings) go here.

Your Privacy Policy is important! Make sure your practices align with your Privacy Policy!

Contact me if you need help with creating or revising a solid Privacy Policy!

Do you find it challenging to make quality decisions when overwhelmed with stress or intense emotions?

Start building emotional efficacy with this simple 4 step system.
 
💡 R.E.S.T.
 
1️⃣ Relax
❌ Do not act impulsively
✔️ Stop what you are doing 
✔️ Tune into your body and take a few deep breaths 
✔️ Relax the body to relax the mind
 
2️⃣ Evaluate
✔️ Focus on the facts of your current situation
✔️ What is happening? Is there an immediate threat or danger? How do I feel? 
✔️ Do a quick evaluation to gain a general sense of how you are doing physically and emotionally
 
3️⃣ Set an Intention
✔️ What do I need right now? 
✔️ You don’t have to solve the issue at this point, rather think of a plan or activity to self-soothe and recenter
 
4️⃣ Take an Action
✔️ Put your plan into action
✔️ Be deliberate, move slowly, and stay aware of your intention
 
R.E.S.T. will help you experience your emotions fully without having them overwhelm you and can help you make better choices without escalating the situation. With practice, these steps can be done in a few seconds and become a healthy habit for dealing with stressful times. 
 
Like and follow for more tips!

Do your emotions get the best of you? Here are 2 more tips. (Part 2)

Increase your ability to handle stress and strong emotions with these quick tips.
 
3️⃣ Live in the present
✔️ Your mind has an incredible ability to mentally travel through time and reflect on the past and project into the future. Sometimes negative thoughts, like regret about the past or anxiety about the future, can cause incredible stress even when things around you are fine
✔️ Help yourself deal with what’s directly in front of you with these steps

  1. Ask yourself, “where am I right now?”
  2. If there is no immediate danger, realize you don’t have to feel stressed
  3. Take a step back from your thoughts and recognize you are “time-traveling”
  4. Take a few deep breaths and bring your focus to the present
  5. Label your feelings and do some PMR (see previous post – Part 1)

*Meditation can help too!
 
4️⃣ Healthy distraction
✔️ When stress and emotions are too strong to handle with other methods, distraction can be a helpful temporary measure
✔️ Distinguish between healthy distraction and unhealthy avoidance. Recognize that avoidance isn’t buying you time; it’s staying away from whatever has stressed you out
✔️ Do something useful or pleasurable until your emotions move out of the red zone, and return to the issue when you’ve calmed down
✔️ Make a note of what kind of healthy distractions work for you, so you have a go-to plan when calming down and clearing the mind seems too difficult
 
Learning to navigate the space between emotional triggers and your response can empower you to create a life that is more fulfilling and consistent with your values. Keep an open mind, and find what works best for you!
 
Follow for more tips!

Do your emotions get the best of you? Here are 2 tips. (Part 1)

Increase your ability to handle stress and strong emotions with these quick tips.

1️⃣ Radical acceptance
✔️ Give yourself the right perspective
✔️ When something bad happens, you don’t have to like or condone the situation, but resisting reality only increases suffering and ultimately prevents you from doing the things that make your life better
✔️ Learn to accept the situation with compassion and without criticism, including any part you had in creating the situation
✔️ Memorize and use these 3 sentences to help you get on track when emotions run high

  • “I can’t change what’s already happened.”
  • “Fighting the past only blinds me to my present.”
  • “The present is the only moment I have control over.”

2️⃣ Cue-controlled relaxation
✔️ Make coping with stress a reflex reaction by utilizing your body and mind’s feedback loop. When your brain is too overwhelmed, you can change the body to change what your brain is doing
✔️ Progressive Muscle Relaxation (PMR) is the act of tightening muscles followed by relaxing them to decrease stress. Consistent practice of this method will also teach you to notice when you are tight

  1. To start, breathe in and clench your fist for 5 seconds, then QUICKLY release/relax your hand as you exhale
  2. Spend 15 seconds to notice the difference between both states of contraction and relaxation
  • Do this for all major muscle groups 

✔️ Add a Pavlov effect by picking a magic word to say during part 2, so when negative feelings start to build up, you can use the magic word to trigger a change to your body’s state and increase resilience

Find these tips helpful? Follow for Part 2!


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