Bill > H3216

This bill, titled "Relative to direct mailings," aims to enhance consumer protection by regulating unsolicited advertising materials sent to individuals. It defines "direct mail" as advertising materials sent to prospective customers, excluding certain essential communications like warranty information, transaction confirmations, account updates, or employment-related notices. The bill introduces the concept of "affirmative consent," meaning a recipient must explicitly agree to receive direct mail, either by responding to a clear request or initiating the consent themselves, with clear notice if their address will be shared with other parties for marketing purposes. Senders of direct mail must provide a clear and accessible way for recipients to opt-out of future mailings, such as a return mailing address, email, or phone number, which must remain functional for at least 30 days. Recipients have 10 business days after requesting to stop receiving mailings to cease receiving them, and their addresses cannot be sold or transferred for other purposes after such a request, with penalties for violations. Businesses that benefit from direct mailings that violate these rules can also be held liable if they knew or should have known about the violation and did not take reasonable steps to prevent it. The Department of Telecommunications and Cable will be responsible for creating rules and regulations to enforce these provisions.