Illinois Regulators Direct Mail Requirements

Steven Capasso • 13 Nov, 2023

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Dear Companies That Send Direct Mailers to Illinois:

As Thanksgiving approaches us all, the Illinois Regulators gifted us with a turkey (not really).

We have an important update from Illinois. 

Effective January 1, 2024, Illinois has enacted additional direct mail requirements. The short title of the bill was labeled: “Short Description: CONSUMER FRAUD-MAIL DISCLOSURE.” (Note: These may be in addition to any industry-specific requirements.)

Here is the full bill history and a link to the Enacted Law:

Summary You Need to Know:

Effective January 1, 2024, all mail solicitations directed to Illinois consumers:

A. Must conspicuously disclose that the mailer/postcard is not a bill and that it is a solicitation for goods or services that may be offered for sale if the consumer contacts the sender.

B. Must disclaim or disclose any affiliations (i.e. not affiliated with manufacturer or dealer).

C. All disclosures and disclaimers appearing on a postcard or letter must:

1.       be conspicuously located at the top of the postcard or letter;

2.       be easily readable in clear and unambiguous language; and

3.       be printed in at least 14-point bold-face font in a black-outlined box.

As you know from my prior email updates, other states have their own requirements such as Florida and Wisconsin, especially in the fundraising and financial spaces.

If any questions should arise, I am readily able to answer them.

In the meantime, wishing you the best for an upcoming Happy Thanksgiving.

Robby,

 

Robby H. Birnbaum, Esq.

Greenspoon Marder LLP

Direct Telephone: (954) 343 6959

Robby.Birnbaum@gmlaw.com 

 

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