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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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Can I be sued by a recipient of a direct-mail postcard that

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Can I be sued by a recipient of a direct-mail postcard that I send out simply because he doesn't want to receive that postcard? I recently sent a postcard mailing to about 900 recipients, saying I'd like to buy their rental property (I am a real estate investor). One guy responded by saying, "My name is XXXXX XXXXX mailed about our property at ..., this property is not for sale, nor will it be for sale at any time in the future. I do not appreciate assuming that we will be willing to sell. We're not. If I catch you down here on the property, you will be arrested for trespassing. And that's where I'm gonna leave it. Do not try to contact us again about this property, or we will take legal action against you. Have a good evening." Just to clarify - I have not been to his property nor will I ever go to his property. I just mail postcards to people who have properties they don't live in. I know nothing else about their situation. If I mail him another postcard, does he have any legal recourse against me? Thanks. Blair


I do direct mail in all 50 states. But this particular instance is in NC.

Dear JACUSTOMER - So long as you are simply sending direct mail advertising you are within the law and there is no basis for any suit. Obviously there's no point in sending any further mailings to this person and, as the old saying goes, anyone can sue anyone. The question is can they win? So I never say you can't be sued and if you are you have to go through the trouble of defending the suit, even though you win. So if you can avoid contacting this person in the future it would probably be best, XXXXX XXXXX you are doing nothing wrong.
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