E-Commerce and Direct Marketing Law

Winston & Winston, P.C. has been engaged in the Direct Marketing industry for over 30 years. Over this period the partners of our firm have written columns and articles for major trade publications including DM News and Target Marketing. Our attorneys have taught seminars on Direct Marketing Law for the DMA as well as conducted presentations at many Direct Marketing Conferences.

Winston & Winston, P.C. is on the list of approved attorneys for the Direct Marketing Association and member of the DMA's Legal Affairs Committee. The firm is also the United States representative to the Legal Council of the Federation of European Direct Marketing Association (FEDMA).

Services in the E-Commerce and Direct Marketing Industry

Pre Legal Collection Services for business-to-business catalog companies and direct marketing firms.

	Returned Checks
	Telephone collections
	Third Party and Contingency efforts

Collection for Publishers, Advertisers, Telemarketers, Magazines, and Newspapers subscriptions

Collection of Delinquent Accounts for List Brokers, List Compilers and List Managers

Privacy Law and Checklists for privacy in Direct Marketing, Databases, and the Internet (web sites). Compliance with

	DMA Privacy Promise
	European Data Directive (safe harbor)

Complex Litigation Representation before federal and state agencies (Post Office, FTC, FCC) with the assistance of the WAMN network of attorneys.

List Rental and Exchange Litigation and Injunctions against unauthorized use of rental lists, Review of List Rental Confirmations

Drafting and Review of Fulfillment Contracts, Computer Service Contracts

Advertising Compliance - Guidelines on the use of "Free, "Endorsements," etc...

Review of Publications to avoid Defamation or Invasion of privacy.

Sweepstakes: Preparation and review of the rules to comply with State Registration Laws as well as the new federal law

Compliance with the Telephone Consumer Protection & Sales Act, Thirty(30) Day Mail Order Rule and Negative Option Rule

Sales Tax Liability and Nexus issues related to the internet - compliance and check lists

Trade Secret Check, Copyright law, and Trademark dilution, and Domain Names, Cybersquating

Drafting and Review of Employment Contracts, including non-compete clauses, limitations, and enforcement