Are there any legal issues with direct mail marketing?
Investor · Miami, FL · Member since 2016 · 25 posts · 6 votes
Are there any legal issues with direct mail marketing?
Most Popular Reply
Real Estate Investor · Irmo, SC · Member since 2012 · 106 posts · 90 votes
9yMy letters have a hand written font based on my handwriting. I had a caller tell me it looked like an 8 year old's. :(
I had another caller call me a vulture. Another said he wanted to be paid in small bills left in 4 suitcases at various locations around DC.
26 Replies
- 9yKerry BairdPro MemberRental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
Sometimes, people get disgruntled. Think about it: you are divorced, you have lost a family member, your partner has gone to jail, you have received a foreclosure notice. How do YOU feel when you get a mailer? Embarrassed? Sad? Angry can be a reflection of another emotion, as you might know.
Now back to you, the investor...How do you respond? Hopefully with compassion, and with an attempt to solve their house problem, not just "take" their house.
- Flipper/Rehabber · Sacramento, CA · Member since 2016 · 807 posts · 815 votes9y
No there is nothing illegal about it. I was once told by a seller's agent (who I didn't know about) that calling someone to ask if they were interested in selling their property was illegal....I laughed and told them to have a nice day.
You'll have plenty of negative responses from direct mail. Some of these callers are truly going through a tough situation while others are just simply rude and unpleasant to begin with. Just invite them to give you a call whenever they'd like to sell and end the interaction.
- Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes9y
@Pratik P. I think what the seller's agent was referring to is what's known as "sign jumping" - meaning calling on a home that is listed in order to make them switch listing agent. That's illegal at least in Wisconsin.
@Avrohom New no legal issue with direct mail I am aware of. We usually get about three angry calls for every interested call. The more personal and handwritten your letter looks the more attention you get - a plain advertising postcard usually does not prompt that many angry calls, but is also less effective. My most favorite callers yelled, threatend to call the police, BBB and the FBI, some actually do call the cops, we got calls and messages from the police - but all they do is ask to remove a specific person from the mailing list and they were really professional about it. I belive handwritten letters make them feel stalked or watched and that prompts an emotional reaction. Best thing you can do is stay calm and professional, explain what you have to offer and propose to remove them from the mailing list.
- Flipper/Rehabber · Sacramento, CA · Member since 2016 · 807 posts · 815 votes9y
@Marcus Auerbach
Maybe that was the case, but I didn't see any sign in the yard and I had already told them I was looking to buy. Maybe they had just signed up with this agent. Who knows!
But the FBI! I haven't gotten that one yet. I use hand addressed letters and have noticed people respond/react to those a lot more than standard letters. I think for them it goes from 'people advertising to me as usual' to 'this guy has been researching me'. - Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes9y
That's the only explaination I can think of - most agents have never heard about yellow letters, let alone are familiar with any regulations related to the subject. So to your point, who knows..
Just to clarify - the FBI was an empty threat, at least I never heard from them. I did however get a letter from the BBB. The complaint was false advertising for "cash offers". The home owner claimed nobody has that much money, so it must be a hoax. I contacted the BBB and had to respond in writing to the complaint. Also I remember someone who was uncomfortable selling his house for cash as they literally envisioned a briefcase full of cash (like drug money in a movie). I think thats funny, but also those were interesting insights in the minds of potential sellers. The way we craft a message is one thing, who it is received and understood is sometimes another.
- Investor · Miami, FL · Member since 2016 · 25 posts · 6 votes9y
Thank you everyone for your responses.
Happy Holidays!
- Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes9y
It never hurts to have a disclaimer stating that if the house is listed, please disregard the mailer. This allows one to blank mail certain areas without fear of stepping on other peoples toes. Many agents have a similar disclaimer on all of their mailings.
- Investor · Miami, FL · Member since 2016 · 25 posts · 6 votes9y
- Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes9y
Just like there is a national telephone Do Not Call list, there's also a Do Not Mail and Do No Contact list. There are heavy fines for violations.
If you purchase a mailing list from a professional list provider, it should have been pruned for those entries already.
Haynes has a list service which expensive on an annual basis, but maybe they will provide a onetime service.
- Real Estate Investor · Irmo, SC · Member since 2012 · 106 posts · 90 votes9y
My letters have a hand written font based on my handwriting. I had a caller tell me it looked like an 8 year old's. :(
I had another caller call me a vulture. Another said he wanted to be paid in small bills left in 4 suitcases at various locations around DC.
- Rental Property Investor · Dallas, GA · Member since 2016 · 5 posts · 2 votes8y
I know this is an old thread but I have had a person call and threaten to sue if I don't take them off the list. This was one of my direct mail campaigns. I do completely understand the feeling some have of not wanting to receive mail with what they feel is their detailed property information in it. Especially if it is a bad time for them. I simply will take them off the list and wish them well.
But I also receive calls and email from sellers happy to have someone interested in buying their property. I would just remember that I am providing a service that is helping people sell their property at a fair price.
- Flipper/Rehabber · Bakersfield, CA · Member since 2008 · 3k+ posts · 3k+ votes8y
There is no issue with sending direct mail unless you are threatening them or stalking them using direct mail... Solicitations are okay as long as they are legal solicitations. You cant ask someone to kill someone using direct mail. If they dont want business mail they can elect to ask the Post Office to stop delivering Standard stamped mail.
- 8yJay HinrichsBusiness MemberReal Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
Originally posted by @Michael Quarles:
There is no issue with sending direct mail unless you are threatening them or stalking them using direct mail... Solicitations are okay as long as they are legal solicitations. You cant ask someone to kill someone using direct mail. If they dont want business mail they can elect to ask the Post Office to stop delivering Standard stamped mail.
OH man you made me chuckle
- Specialist · Branford, CT · Member since 2018 · 222 posts · 121 votes8y
@Yusuf Smith The Direct Marketing Association has a mechanism to opt out of getting mail.
"The Mail Preference Service (MPS) is designed to assist those consumers in decreasing the amount of national non-profit or commercial mail they receive at home. This section will tell you how to use MPS. The Mail Preference Service (MPS) is a consumer service sponsored by The Direct Marketing Association (The DMA)."
Here's a link to their information page:
http://www.dmaconsumers.org/offmailinglist.html - Or you can suggest that they google "DMA mail preference"
Reputable list compilers run their databases against the suppression list with every update. Ask your provider if the list you are getting has had this done.
If someone complains it's usually because they have received too many solicitations. Time to think about marketing to a different segment. At the very least, keep track of the complaints and scan all future lists for those names and take them off.
- Rental Property Investor · Dallas, GA · Member since 2016 · 5 posts · 2 votes8y
@Chrissy Arnold Thanks for the suggestions. Good information.
- Flipper/Rehabber · Edmond, OK · Member since 2018 · 9 posts · 0 votes8yHello! Newbie here. I am looking to do my first direct mail marketing campaign. Everything I have read before this has been super helpful. I apologize if this was already mentioned, but is it legal for me to drive around desirable neighborhoods and put letters directly in targeted mailboxes? Too creepy? I understand these letters need to be a balance of personal and professional, but does anyone have any examples they would recommend? Thanks for any advice!
- Flipper/Rehabber · Bakersfield, CA · Member since 2008 · 3k+ posts · 3k+ votes8y
yes it is illegal to distribute into mail boxes without going thru the post office.
Door hangers on a door knob are ok
- Investor · Twinsburg, OH · Member since 2014 · 111 posts · 41 votes8y
@Account Closed To be absolutely clear, you CAN leave a letter. But, you CANNOT put it in the mailbox. You can leave it on the screen door or any place else. Just NOT in the mailbox.
- Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes8y
Originally posted by @Sekelle O.:
Another said he wanted to be paid in small bills left in 4 suitcases at various locations around DC.LOL! I'm going to use that line the next time an uninvited wholesaler calls me asking to take my houses off my hands for a ridiculously low price. I'm going to be laughing over that line all day.
thanks
- Investor · Culver City, CA · Member since 2017 · 76 posts · 40 votes8y
@Leah It is a federal crime to put things in peoples mailboxes. You can put it in their door, on their car or anywhere else. But the postal service is all territorial about that stupid box.
- Member since 2022 · 25 posts · 4 votes2y
Quote from @Marcus Auerbach:
That's the only explaination I can think of - most agents have never heard about yellow letters, let alone are familiar with any regulations related to the subject. So to your point, who knows..
Just to clarify - the FBI was an empty threat, at least I never heard from them. I did however get a letter from the BBB. The complaint was false advertising for "cash offers". The home owner claimed nobody has that much money, so it must be a hoax. I contacted the BBB and had to respond in writing to the complaint. Also I remember someone who was uncomfortable selling his house for cash as they literally envisioned a briefcase full of cash (like drug money in a movie). I think thats funny, but also those were interesting insights in the minds of potential sellers. The way we craft a message is one thing, who it is received and understood is sometimes another.
Hi Marcus, I just see your post which you sent 7 years ago. Sill it is legal to send direct mails including an offer price, correct?
After you sent the writing response to BBB, what happened? Did they close the case and not bother you any more? I just received a threat that the seller told he reported me to BBB and State attorney general too.
In addition, did you cross check your mailing list and make sure it does not include the people in " National do not mail list"? Is it illegal to send direct mails to the people who are in " National do not mail list"?
Thank you and expecting your response.
- Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes2y
Quote from @May Lin:
Quote from @Marcus Auerbach:
That's the only explaination I can think of - most agents have never heard about yellow letters, let alone are familiar with any regulations related to the subject. So to your point, who knows..
Just to clarify - the FBI was an empty threat, at least I never heard from them. I did however get a letter from the BBB. The complaint was false advertising for "cash offers". The home owner claimed nobody has that much money, so it must be a hoax. I contacted the BBB and had to respond in writing to the complaint. Also I remember someone who was uncomfortable selling his house for cash as they literally envisioned a briefcase full of cash (like drug money in a movie). I think thats funny, but also those were interesting insights in the minds of potential sellers. The way we craft a message is one thing, who it is received and understood is sometimes another.
Hi Marcus, I just see your post which you sent 7 years ago. Sill it is legal to send direct mails including an offer price, correct?
After you sent the writing response to BBB, what happened? Did they close the case and not bother you any more? I just received a threat that the seller told he reported me to BBB and State attorney general too.
In addition, did you cross check your mailing list and make sure it does not include the people in " National do not mail list"? Is it illegal to send direct mails to the people who are in " National do not mail list"?
Thank you and expecting your response.
I don't think the State Attorney is too worried about your direct mail, they certainly have bigger fish to fry. I don't know what the implications are of mailing someone who is on a do not mail list, maybe ask your mailing list provider or look up their FAQs. But what I can tell you is if you want to reach out to sellers directly, you need a thick skin. Sending mailers is only step 1 out of many!
- Member since 2022 · 25 posts · 4 votes2y
Quote from @Marcus Auerbach:
Quote from @May Lin:
Quote from @Marcus Auerbach:
That's the only explaination I can think of - most agents have never heard about yellow letters, let alone are familiar with any regulations related to the subject. So to your point, who knows..
Just to clarify - the FBI was an empty threat, at least I never heard from them. I did however get a letter from the BBB. The complaint was false advertising for "cash offers". The home owner claimed nobody has that much money, so it must be a hoax. I contacted the BBB and had to respond in writing to the complaint. Also I remember someone who was uncomfortable selling his house for cash as they literally envisioned a briefcase full of cash (like drug money in a movie). I think thats funny, but also those were interesting insights in the minds of potential sellers. The way we craft a message is one thing, who it is received and understood is sometimes another.
Hi Marcus, I just see your post which you sent 7 years ago. Sill it is legal to send direct mails including an offer price, correct?
After you sent the writing response to BBB, what happened? Did they close the case and not bother you any more? I just received a threat that the seller told he reported me to BBB and State attorney general too.
In addition, did you cross check your mailing list and make sure it does not include the people in " National do not mail list"? Is it illegal to send direct mails to the people who are in " National do not mail list"?
Thank you and expecting your response.
I don't think the State Attorney is too worried about your direct mail, they certainly have bigger fish to fry. I don't know what the implications are of mailing someone who is on a do not mail list, maybe ask your mailing list provider or look up their FAQs. But what I can tell you is if you want to reach out to sellers directly, you need a thick skin. Sending mailers is only step 1 out of many!
Thank you very much for your response, Marcus! Sending direct mailers with offer price is definitely legal, correct?
What happened with your BBB complain? Any bad result or any legal issues against you?
Thank you and have a wonderful weekend!
- Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes2yNo legal issues with BBB or otherwise, but you should really chat with one of the big direct mail guys - I have not done a mailer in years!
Quote from @May Lin:
Quote from @Marcus Auerbach:
Quote from @May Lin:
Quote from @Marcus Auerbach:
That's the only explaination I can think of - most agents have never heard about yellow letters, let alone are familiar with any regulations related to the subject. So to your point, who knows..
Just to clarify - the FBI was an empty threat, at least I never heard from them. I did however get a letter from the BBB. The complaint was false advertising for "cash offers". The home owner claimed nobody has that much money, so it must be a hoax. I contacted the BBB and had to respond in writing to the complaint. Also I remember someone who was uncomfortable selling his house for cash as they literally envisioned a briefcase full of cash (like drug money in a movie). I think thats funny, but also those were interesting insights in the minds of potential sellers. The way we craft a message is one thing, who it is received and understood is sometimes another.
Hi Marcus, I just see your post which you sent 7 years ago. Sill it is legal to send direct mails including an offer price, correct?
After you sent the writing response to BBB, what happened? Did they close the case and not bother you any more? I just received a threat that the seller told he reported me to BBB and State attorney general too.
In addition, did you cross check your mailing list and make sure it does not include the people in " National do not mail list"? Is it illegal to send direct mails to the people who are in " National do not mail list"?
Thank you and expecting your response.
I don't think the State Attorney is too worried about your direct mail, they certainly have bigger fish to fry. I don't know what the implications are of mailing someone who is on a do not mail list, maybe ask your mailing list provider or look up their FAQs. But what I can tell you is if you want to reach out to sellers directly, you need a thick skin. Sending mailers is only step 1 out of many!
Thank you very much for your response, Marcus! Sending direct mailers with offer price is definitely legal, correct?
What happened with your BBB complain? Any bad result or any legal issues against you?
Thank you and have a wonderful weekend!
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