Tag Archives: Legal

SMS for the estate agent – Targeted marketing tool, or Legal Minefield?

SMS for the estate agent – Targeted marketing tool, or Legal Minefield?

Imagine having at your disposal a means to immediately inform house buyers that you have just the property they are looking for. Potential buyers have given their details and their preferences – imagine that you can send them this information no matter where they are or what they are doing, they can read it at a time that’s convenient and can act accordingly in their own time. Imagine that you can do this quickly and easily, in a matter of minutes, regardless of the number of recipients.
Sounds too good to be true? Well it’s not – it’s available now, it’s inexpensive and you can be taking advantage of it within minutes of reading this article. It’s called SMS Text Messaging – and of course you already knew about it didn’t you?
From the homebuyer’s perspective, SMS is a really convenient way to get information. It’s personal and it’s discreet. There’s immediacy about the message, but at the same time it’s not intrusive, and they can handle the response at their convenience.
So you decide that this is a great idea and you want to get your company geared up for the 21st century. How do you get started? Perhaps your first thought is to get your friendly IT Consultant to take a look at the problem, right?
Stop! Don’t pick up that phone until you’ve read the rest of this article. In common with many of these kinds of issues it’s easy to get so bogged down in the technicalities that we fail to consider some of the other issues involved.
First of all, let’s look at the legalities.
By 31st October 2003, all member states of the European Union will be implementing Article 13 of the Directive on Privacy and Electronic Communications (DPEC).A public consultation on how to implement the DPEC in the UK was launched by the DTI on 27 March 2003, and ran for 12 weeks, closing on 19 June 2003. Final implementing Regulations are now being prepared, taking into account the responses received. The DTI intend to publish details of these final measures by mid-September 2003. The new Directive:
Replaces existing definitions for telecommunications services and networks with new definitions for electronic communications and services to ensure technological neutrality and clarify the position of e-mail and use of the internet;
Enables the provision of value added services based on location and traffic data, subject to the consent of subscribers (for example, location based advertising to mobile phone users);
Removes the possibility for a subscriber to be charged for exercising the right not to appear in public directories;
Introduces new information and consent requirements on entries in publicly available directories, including a requirement that subscribers are informed of all the usage possibilities of publicly available directories – e.g. reverse searching from a telephone number in order to obtain a name and address;
Extends controls on unsolicited direct marketing to all forms of electronic communications including unsolicited commercial e-mail (UCE or Spam) and SMS to mobile telephones; UCE and SMS will be subject to a prior consent requirement, so the receiver is required to agree to it in advance, except in the context of an existing customer relationship, where companies may continue to email or SMS on an ‘opt-out’ basis;
Clarifies that the Directive does not prevent Member States from introducing provisions on the retention of traffic and location data for law enforcement purposes;
Introduces controls on the use of cookies on websites. Cookies and similar tracking devices will be subject to a new transparency requirement – anyone that employs these kinds of devices must provide information on them and allow subscribers or users to refuse to accept them if they wish.
So what does that mean to the potential implementation of your SMS service? Well, it seems quite clear, we must obtain the recipient’s permission before sending any SMS messages “unless there is an existing customer relationship”. The exact meaning of “existing customer relationship” is however somewhat of a grey area in the act. For example, if it is interpreted as being someone who has at some time bought a product from the vendor, would that mean that the product being marketed would need to be the same type of product? If this were the case, a supermarket would only be able to send messages about a single line of product to people who have bought that product and would not be able to send messages about other merchandise or services. The DTI’s stance on this is that this particular issue is clearly covered in existing UK legislation under the Data Protection Act 1998:-
“These would restrict a business to direct marketing the kind of products the addressee would have reasonably expected it to market at the time they gave or agreed to use of their contact details i.e. a business could market the products available at the time, but not necessarily those of a business that it took over, or a substantively new product range.”
So, therefore, it would seem that say a large supermarket chain, who got your name and address, phone number and email details whilst you were a customer buying groceries, should not be legally entitled to begin any form of communication with you using information about you gathered in this way if, for example, they were to start selling Insurance services or indeed start up an Estate Agency business? It would seem so.
So, in most cases, it would appear that your existing customers are open to you being able to send them SMS messages, as it would be reasonable to assume that they would expect you to send them property related information.
There are however other grey areas in the document.
The following is an excerpt from the DTI’s document on Article 13:-
“Grey areas under the current rules include the status of systems which send SMS automatically and power dialler-type systems which dial numbers automatically but are designed to establish a voice link with a live operator rather than a pre-recorded message. Lack of certainty about the application of the TDPP (Telecoms Data Protection Directive) Regulations has made it harder to deal with the problems that these kinds of systems can cause. Power diallers, for instance, can cause problems to subscribers where they are used without enough call centre staff available to answer the calls being dialled, resulting in single or repeated silent calls, or calls which cut off after a few rings, in addition to any annoyance caused if they are used to ring subscribers who have registered on the TPS (Telephone Preference Service).
Limiting the definition of automated calling system does not mean that these areas will be unregulated. The sending of unsolicited SMS for advertising purposes is now explicitly covered by the Privacy Directive which treats them in the same way as e-mail messages.”
Anyone receiving SMS messages from you should have a clear indication of where the message came from and a clear method to unsubscribe from your service.
It would seem therefore that apart from any other considerations, there are many potential legal pitfalls to setting up your own e-marketing system.
Looking at this from a slightly different perspective, the solution may well be a lot easier than you might expect. From the consumer’s angle, the approach to receiving SMS or email messages about products and services is something each of us would rather have much more personal control over. In 1998, my company at the time, Geoworks Corporation, did some extensive focus group research into consumer reaction to e-marketing and in particular SMS. This research was conducted both here in the UK and in the US. At that time, SMS messaging had been available to mobile phone users for a number of years, but we had not acheived the massive volumes that were to be reached in the phenomenon which took place some 12-18 months later when Pay As You Go services sparked huge SMS growth. To illustrate the point, all of the UK mobile phone companies at this time probably had only one or two SMS Controllers (a computer which handles the storage and routing of SMS messages) in their infrastructure. When the ramp-up suddenly began, the growth caught most of them completely unawares and meant that they had to try and commission new SMSC’s faster than the boxes could be ordered! What had been a fairly straight and flat line on a graph suddenly went vertical. Our research at Geoworks indicated that consumers were excited about receiving SMS messages about products or services provided that they were not being charged to receive the message and they had some control over what products and services they were going to receive messages about. “Permission Marketing” was the key – what the consumer wants, when they want it and where they want it. Consumers indicated that they would be happy to receive all kinds of information supported by advertising on the same basis – for example, Weather Information sponsored by X or Football Scores sponsored by Y.
It would seem then, that the key to success in this area is not in the hands of the vendor’s innovations or exclusive products, but in giving the consumer control. Without permission, any attempt to sell via this means becomes annoying and intrusive, causing the would-be potential buyer to become alienated against the marketer – a self-defeating exercise if ever there was!
So what should be your way forward? Look at other e-marketing success stories for a clue. Amazon.com is, today, a well known and respected seller of books and much more which started from humble roots in the Seattle area and has grown to be a worldwide $ multi-million success. Amazon’s success was based on giving you, the consumer, control and providing a top-class next-day service. You control from the comfort of your home or office, the parameters that determine what you get from Amazon. It’s easy and convenient, and grew like topsy. Ebay is another example – providing a worldwide auction service. Many other services provide ‘Portal’ access for the consumer to select what information they wish to receive.
So it seems Portal services are the key to gaining the hearts and minds of the consumer. But as an Estate Agent, how does that help?
A Portal could provide a single access point for would-be housebuyers to register their interest in properties by locale, price and number of bedrooms. The consumer controls what they want to get. It is open to all Estate Agents who can register, quickly and easily, any property that is going on the market. Any technical or legal issues are the responsibility of the Portal and not of the individual Estate Agent.
From the consumer perspective, it’s one place to go, they register once, but potentially get messages from many Estate Agencies provided that they match their criteria. It’s free to the consumer, and they have control to change their criteria or unsubscribe should they wish.

Acknowledging Assistance on Legal Divorce and Family Members Law

Acknowledging Aid on Legal Divorce and Household Legislation

For each state, the family members as well as divorce regulation varies although details that will be given up this area tackles majorly of what exists in every nation and also just how it is taken care of in basic. In order to look for a clearer vision pertaining to a specific subject, you can consult a separation or family lawyer regarding your status of obtaining specialist suggestions.

Family is among one of the most essential units within the culture that offers implying to life. Nonetheless, when balance is relocated, there are issues that needs to be discussed as well as people that are seeking for recommendations can be offered specific ideas on how the legislation that controls the family members functions, several of which have to do with the totality of marriage, divorce, youngster custody and kid support.

Law on Marriage

Laws regarding marital relationship standing in the United States are strictly governed by the legislation of the state. However, there are federal laws that rely on the marriage condition of the couple in order to identify the government advantages as well as rights which invoke the vital meaning of marriage to the legislation. In addition, the constitution guarantees that the United States High court will certainly have the ability to assess the legislations which relate to marital relationship.

Legislation on Divorce

Agreement on separation is similar to contract on splitting up, marriage contract, and also arrangement on the settlement of homes which are lawfully acceptable with the agreement resolving matters included. It will certainly not be referred to as an agreement on being divorced since just the court can give such request. If both celebrations will certainly stop working in getting to the agreement, the instance will undertake test and also the choice of the court will certainly be altered. Whatever the court has elevated can be changed and will certainly be based upon the modification in substance and scenario. Agreements, consequently, can be modifiable or non-modifiable.

Arrangements work out particular issues that connect to:

1. Wellness, life insurance as well as alimony

2. Department on obligations as well as possessions

3. Physical as well as legal guardianship, visitation, university fund, child support and clinical expenditures as well as insurance

Law on Youngster Safekeeping

Normally, statutes license courts of having obligation or territory of process regarding divorce in order to identify that ought to have the youngsters’s custody under the marital relationship. Within the common provision, moms and dads of a youngster that is reputable are considered as joint guardians of the kid as well as each moms and dad’s rights are equivalent which suggests that each parent has the right for the child’s custodianship the moment they separate. And also as a result of the debatable authority to choose custodianship based on the court’s jurisdiction, legislations within this area are based upon the state.

Legislation on Youngster Support

In cases where there is judgment for dissolution, splitting up, or annulment, the court normally orders that both moms and dads ought to pay the amount necessary for the youngster to be supported up until announced stable or when the child reached age of independency. Financial support of the kid will certainly be based on the realities of the couple’s separate instances. The court deserves to take into consideration that both parents are responsible as well as obliged for supporting the kid.

Considerations will be made upon establishment of the quantity that need to be supported and also it will certainly be offered to both parents which, under the lawful aid, need to supply proper support as well as correct welfare for the minor consisting of the child’s needs.

Remain Legal! Staying Clear Of Insurance Scams

Stay Legal! Preventing Insurance Policy Fraudulence

Everyone recognizes that the health insurance market is continuously elevating monthly premiums, and also many feel this is unjustified to you as the customer. Nonetheless, the health insurance sector has had to deal with increasing health insurance fraud. The quantity of cash invested on checking out as well as prosecuting scams is after that passed on to policyholders. Lots of people do not comprehend what health insurance scams requires, however. With records estimating health insurance fraud is a billion to over 0 billion market annually, the subject needs to not be ignored. Every health insurance policyholder should recognize what health insurance fraudulence is and also its consequences. By doing so, you are a lot more able to acknowledge and deal with fraudulence.

Health insurance fraud is usually specified as purposefully deceiving, misrepresenting, or concealing information to get advantages from the insurance policy company. Essentially this means that you assert that you spent for particular clinical treatments or expenditures out-of-pocket which you have not actually gotten, and also you are sending cases to the insurance provider to obtain compensation. An additional example of member fraud is to hide pre-existing problems or to change clinical papers to make sure that non-policyholders or disqualified members get medical benefits under your policy. Perhaps your sis does not have insurance policy and requires clinical attention. Having her use your name as well as plan to cover the expenditures is health insurance fraud. While you may believe that this is a little concern in contrast to your sister receiving treatment, it is really extremely significant to your health insurance business as well as industry, and will cause fines and also feasible imprisonment if your are caught.

Not just insurance holders dedicate scams, but providers (doctors, medical facilities, and so on) do too. Because doctors and also hospitals expense the insurer for solutions they give for you, they are also receiving repayment from the insurance provider. When suppliers dedicate fraud, they may be billing the insurer at higher rates for services rendered or they may bill for services you never ever got. In these instances, you will most likely be asked to coordinate in the insurance provider’s examination.

One more kind of health insurance fraud that has created recently targets the insurance policy holder a lot more than the insurance firm. Systems have actually created where phony insurance provider or agents sign unsuspecting consumers for protection at surprisingly low premium rates. They commonly act similar to a routine insurance provider for the initial couple of months, paying for smaller clinical insurance claims like doctors sees. Yet as soon as you have an extra significant medical condition that needs treatment, the insurance provider will certainly vanish – together with the cash you have been paying in costs.

The guideline with health insurance fraudulence is a lot like that of any type of other scam: if a bargain seems too excellent to be real, just keep in mind – it probably is. Bear in mind to be honest in your negotiations with health insurance firms and expect the very same in the return from these firms, along with your health care companies. Remain lawful to avoid fines and also jail as well as to proceed getting health insurance coverage.

Legal Defense for Same-Sex Couples

Legal Protection for Same-Sex Couples

Has anyone thought about a compromise solution to the issue of legalisation of same-sex marital relationships?
As an attorney who has actually spent years carrying out research study on the advantages and downsides of marriage vs. living with each other, my point of view is a lawful one, unobscured by spiritual or moral concerns. Legal recognition of a status for these pairs is asked for, as is their present need for self-help in making the legislations help them while they are still in change.
Traditionally as well as legitimately, marital relationship has actually been specified as a union of a guy and woman. Changing that meaning is at the heart of the problem. Marital relationship, throughout history, has actually had more to do with procreation than romantic love or legal convenience. This lawful interpretation and the concern of procreation have actually both been utilized to reinforce the denial of the right of same-sex marital relationship.
What same-sex pairs need, as well as must have, is the ability to create a legal partnership. The semantics used to describe this connection needs to not matter as high as the legal rights and duties arising from it. Denial of these rights is the discrimination same-sex couples decry. We ought to not forget that only during the last generation was the rejection of the right of marriage to members of different races rescinded. The law is suggested to offer the requirements of the members of culture – including same-sex pairs.
My compromise service is a law which permits same-sex pairs the right to a lawful connection without the hot-button title of “marital relationship.” With a simple modification of terms, these couples might come to be lawful “cohabitants” which confer the exact same rights and also responsibilities of their state’s marriage contract. Comparable licensing laws could be enacted, along with the unavoidable partnership dissolution regulations.
The marital relationship agreement from any state includes integrated benefits and disadvantages. Couples are bestowed with automatic inheritance legal rights. They take pleasure in the right to demand loss of consortium if a third event hurts their partner, refuting them services and friendship. Since a married pairs has legal rights, they can not be denied hospital visitation or the right to make clinical choices for each various other. Companies often offer medical coverage and advantages to partners of staff members. Why should same-sex pairs be refuted these advantages?
Pairs who cohabit do have adaptability to create their very own civil liberties as well as responsibilities vis-a-vis each other. A same-sex couple can perform wills, created cohabitation contracts, durable powers of attorney for health treatment (providing a companion the right to hospital visitation as well as the right to make medical decisions in case of an emergency situation) and also, with mindful monetary recognition, produce most of the benefits of marital relationship.
The inquiry of clinical insurance coverage and benefits need to be stabilized against the “marital relationship charge tax,” which still exists.
The denial of the choice to same-sex pairs, however, is truth discrimination. Same-sex couples ought to have the alternative of forming a lawful relationship under the regulation, no matter what title it is offered.