Privacy/Usage Issues in List Rental

Privacy/Usage Issues in List Rental

Nov. 8, 2005

By Chicca D'Agostino, president, Focus USA

Fundraisers -- or any list owner, for that matter -- who rent lists automatically assume responsibility for how those names ultimately will be used by the list renter. Unless they take precautionary measures, fundraisers could be held responsible by the FTC if the names are used in a way that is in violation of state and federal laws. A list rental agreement that stipulates the terms of list usage can be employed to provide protection. It is important for fundraisers to request a copy of the mailing piece or telemarketing script to determine that the offer is not illegal, fraudulent, deceptive, privacy invasive or pornographic. This is another precautionary step. The Direct Marketing Association's Web site contains guidelines for this purpose.