Posts Tagged ‘law’
Breaking E-Mail Marketing News: CAN-SPAM Act Update
Tuesday, May 20th, 2008
The Federal Trade Commission announced in a press release today that it will soon be publishing clarifications to the CAN-SPAM Act of 2003. The following topics are to be addressed:
(1) an e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender.
(2) the definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single e-mail message is responsible for complying with the Act’s opt-out requirements.
(3) a “sender” of commercial e-mail can include an accurately-registered post office box or private mailbox established under United States Postal Service regulations to satisfy the Act’s requirement that a commercial e-mail display a “valid physical postal address.”
(4) a definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.
Keep your eyes peeled for it. The good news is that if you are already conducting an ethical email marketing campaign, these specifications should not affect you one way or another. If not, you may want to revise your strategy. For some guidance, check out Keeping Your E-Mail Campaigns Legal .
Tags: CAN-SPAM, E-Commerce and E-Business, email marketing, law, legal, legislation, Marketing, Marketing Your Business, news, Rebecca Button
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New York Passes Online Sales Tax Law
Wednesday, May 14th, 2008
To follow up with my previous post Internet Sales Tax Looms for NY…Will It Catch On? I posed a question along the lines of "do you think it should happen/is it a good idea?"
As of June 1, 2008, the legislation will go into effect, requiring internet retailers to collect a sales tax on any orders being shipped to the state’s residents. This legislation was largely enacted to keep online retail Goliaths (namely Amazon.com) in check and attempt to "level the playing field" for brick and mortar stores in the state.
Amazon has now responded by suing the New York State Department of Taxation and Finance claiming "that since it does not have a physical presence in the state that it should not be required to collect taxes on shipments going to New York." In addition Amazon says the New York law is unconstitutional based on a 1992 U.S. Supreme Court ruling that claims states are prohibited from requiring out of state retailers to collect sales tax unless the company has a physical presence in the state. New York defends the law by arguing that the Amazon Associates program, which allows Web site publishers to receive commissions by promoting Amazon items through their sites make Amazon liable to collect taxes on its behalf for those affiliates who live in New York. (this paragraph courtesy WebProNews.com )
So while the question is no longer "do you think it should happen/is it a good idea?" I now pose these questions to you all: How long before other states enact identical or similar legislation and how do you think it will affect online consumerism?
Tags: Amazon.com, law, legislation, new york, ny, online retail, online sales tax, Rebecca Button, sales tax, state taxes, taxes
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10 Ways to Avoid Judge Judy…besides changing the channel.
Monday, March 24th, 2008
It ranks right up there with getting your wisdom teeth pulled or surviving the first anniversary of your 29th birthday (for those who haven’t had their coffee yet, that would be your 30th birthday-the horror!). And yet, much like getting your wisdom teeth out (probably inevitable) and turning 30 (definitely inevitable), if you run a business, odds are you’ll eventually have to deal with the unpleasantness known as a lawsuit.
Your best defense is a good offense and you can create a good offense by taking some preventative steps to reduce the risk of being threatened with a lawsuit according to a presentation covered by the Beaufort Gazette recently:
• Rule No. 1: Incorporate. Going alone often provides poor asset protection and poor tax benefits. Have an attorney or accountant review corporate records once a year.
• Rule No. 2: Know the law. Ignorance is no defense, and in fact it’s a good way to get sued. Small-business owners should particularly focus on employment and tax laws. Good record-keeping and proactive tax planning are key.
• Rule No. 3: Maintain adequate insurance. Conducts an "insurance physical" every few years. Business owners should be aware that it’s possible to be over-insured. Employment-practices liability insurance can help businesses respond to claims of employment discrimination.
• Rule No. 4: Manage fairly and wisely. Business owners should beware of falsified résumés, have detailed job descriptions, tackle poor performance early and consistently enforce policies.
• Rule No. 5: Prohibit harassment. A 2007 Texas case indicates "some male supervisors are still truly clueless." Case in point:
A male director of nursing was accused of quizzing female employees about their sex lives two to three times a week in front of other employees, including asking them if they took men home the previous night. When the women asked him to stop, he threatened to fire them.
At trial, he admitted he was questioning the women this way because he thought that if they had a lot of sexual activity the night before, it would affect their work performance because they would be tired — that’s what he said. I can’t believe this case even went to trial. The jury awarded each woman $7,500.
• Rule No. 6: Catch and correct wage and hour violations. Failure to pay overtime is "the new food for plaintiffs’ attorneys." Since 2003, federal court filings involving wage actions have surpassed employment discrimination cases, and settlements have reached into the tens of millions of dollars.
• Rule No. 7: Be careful with independent contractors. Conduct regular reviews of independent contractor classifications and careful consideration of how much control business owners have over contractors.
• Rule No. 8: Watch out for workers’ compensation claims. Adequate training and maintaining a drug-free workplace can prevent accidents. If they do occur, immediately reporting claims and having a return to work commitment helps. Signs of possible fraud include claims by a disgruntled or new employee, an employee on leave who is difficult to contact, or accidents to which there are no witnesses.
• Rule No. 9: Hire an attorney. Interview several before making a selection, and hold regular meetings to compare case progress with budget constraints and requiring authorization for expenses exceeding $200.
• Rule No. 10: Document, document, document. Keep tax-related records for at least eight years, employee records for the term of employment, plus five years, and shred papers before disposal.
SmallBusinessNewz.com also has prepared this short video clip with a few more tips the keep you "out of the the dog house."
Tags: Accounting, Finance, Finance and Accounting, law, lawsuit, legal, Rebecca Button, small business, taxes
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