Want to reduce your liability risks when calling or texting consumers? Protect your company from TCPA liability with this helpful tool.

☎️ The Telephone Consumer Protection Act (TCPA) has strict rules and penalties for companies that call or text the wrong number, with statutory damages ranging from $500 to 1,500 per call or text. Due to these regulations, companies have paid millions in class action settlements even when the wrong party is contacted unintentionally. 

How can you protect your company from TCPA liability?

🗂On November 1, 2021, The Federal Communications Commission (FCC) launched the Reassigned Numbers Database (RND) – a database that tracks reassigned cell numbers to prevent consumers from getting unwanted calls intended for the previous owner of the same phone number.

Companies that register and use RND can reduce their liability risks in 2 ways:

✅ They are able to check the database to see if the number to be called was reassigned or placed on the do-not-call registry

✅ They are also protected from any liability that may come from incomplete or incorrect information in the RND

➡️ What are the steps you need to take to be protected from TCPA liability once you’ve registered? You’ll need to show:

・ Consent from the recipient of intended call or text

・ You’ve queried the up-to-date RND database before calling or texting the number

・ You didn’t receive a report from the RND that the number was permanently disconnected on or after the date of consent

– Don’t forget to include third-party vendors who are calling or sending text messages on your behalf when assessing your TCPA compliance. 

👉🏼 Need more guidance on business laws? Contact me to learn more about how my services can help you achieve your business goals!

Want to be happier and healthier? Do these 5 things.

Decrease stress and improve your well-being with these helpful tips.

1️⃣ Give

📚 Did you know giving support can improve your health more than receiving it? In one study, those who gave support felt a dramatic change in how they viewed themselves and life. It even improved their self-esteem, sense of control, and mood.

✔️ Volunteer, show emotional support for those in need, call a friend or loved one, give someone a compliment

2️⃣ Express gratitude

 📚There are countless studies showing that gratitude is beneficial to your happiness, so why not share it with others? Research shows that expressing gratitude not only brings happiness to both parties in the moment but also increases their happiness for months.

✔️ Write a letter, make a call, schedule a video meeting, tell those special people how they impacted your life, helped you, and made you feel

3️⃣ Forgive 

📚Those who forgive tend to feel more in control and have a greater sense of calmness and well-being. If forgiving doesn’t come naturally for you, research shows that forgiving unconditionally is more beneficial than receiving an apology. Stopping the cycle of recreating the physiological stress of the original pain can help you regain control and power over your life. 

✔️ Write about a specific event and create your definition of what forgiveness looks like, practice self-compassion for what you’ve been through, visualize how much better your life would be if you let the pain and anger go

4️⃣ Share a laugh

📚 Laughter is a great way to cope with stress and is linked to physical and mental well-being. Research shows those who use humor to deal with stressful situations have healthier immune systems, are 40% less likely to experience a heart attack or stroke, and live 4.5 years longer than those who don’t. Humor can even heal relationships and bring people closer together.

✔️ Watch a comedy show, share a joke, spend more time with friends who have a good sense of humor, have a playful perspective

5️⃣ Rest

📚 Sleep is probably one of the best things you can do to be healthier and happier that you don’t prioritize enough. Did you know that your brain function begins to fail after 16 hours of being awake? In one study, those who were sleep-deprived showed a 40% decrease in learning ability. Sleep isn’t only important for brain function but also emotional stressors and overall physical health. Your REM sleep helps you to resolve emotional and difficult experiences, and your non-REM sleep is vital to removing toxins from your body. Without sufficient sleep, everything else suffers.

✔️ Have a consistent sleep schedule, relax the mind and body before bed, stay cool at night, get some sunlight in the morning

📌What small steps are you taking towards improving your well-being and those around you?

Want to Read More Books? 3 Tips!

Have a long list of books you want to read “some day” but haven’t gotten around to them? I do!

Here are 3 tips to help!

1️⃣ Choose books you like

What are the last 3 books you’ve read? Do they spark joy or provide you with important skills or knowledge? Stick to similar books that excite you to help get you back into the habit of reading.

2️⃣ Schedule a daily reading hour.

Rather than trying to read a certain number of pages, pick the same hour daily to set aside time to read. I find that first thing in the morning or last thing before bed are the easiest to stick to. Picking a set time will allow you to be consistent. Consistency is key when looking to (re)form your reading habits!

3️⃣ Discuss What You’re Reading.

Let others hold you accountable. Tell your friends and relatives what you’re reading. You’ll be more likely to finish that book! Better yet, see if someone will read it with you at the same time and then discuss it with them. Now, you can finish that book and have a good reason to catch up with a friend.

Need a business attorney? Send me a message to set up a free 15 min call or go to my website!

Want others to promote your brand but don’t want to HURT your intellectual property rights?

Here are some pointers when allowing people outside your company to use your logo to promote you:

1️⃣ Get a trademark license agreement in place to avoid eroding your legal rights in your logo.

2️⃣ Draft the license as narrowly as possible. For example, limit use to just their website or certain pre-approved marketing materials.

3️⃣ Make sure they have to get it pre-approved by you before they can use your logo anywhere. This should be in your license agreement.

4️⃣ Keep the ability to end the license at any time for any reason. This right should also be in your license agreement.

✔️Other considerations:

▶️ You invested in your intellectual property, brand, and reputation. While you want to get your name out there, it’s important to maintain control over when and how your logo is used.

▶️ Allowing others to use your logo without written permission can hurt your ability to stop people who are misusing your logo down the road.

Need a trademark license agreement? Send me a message!

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.


→ 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!


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