This is part of the Telemarketing Scum website, and explains how to get
the attention of a corporation's legal/management department.
Corporations, in order to do business in a state, must have a local agent with
an office in that state. Most use a Corporate Agent, even if they have
business offices or even law departments in some of these states.
Typically this is a small office in the business hub of a state. Typically
most corporations use a single Corporate Agent, which is convenient for anyone
sending correspondence that way. In Delaware, this is a single office in
Wilmington (although the capital is Dover). Sometimes this function is
performed by one of the large law firms.
The easiest way to find a corporation's Corporate Agent is to call your state's
Secretary of State office (not Madelyne Albright's office!), and ask for the
mailing address or corporate agent's address for the business. While you're on
the phone, ask if that particular agent handles most out-of-state corporations.
The sole function of these agents is to receive notices sent to the company. Typically these are law suit complaints and the like. This means that any notice sent to a Corporate Agent will go to either the corporation's law department or top management.
From there only three things can happen:
As you can see, any notice you send through the Corporate Agent must be
professionally reviewed by someone who is paid to consider such things. You
may get a letter from an automaton, but the letter will have gone to upper
management first.
Since you know the communication will go to those whose job and expertise is keeping the company out of trouble, don't apply too much effort to "feel good" things like customer goodwill. State that you wish the company to comply with a particular law or the equivalent. Make it sound appealing, so if reviewed by a lawyer, the lawyer will want to advise the division to comply.
The best way to write a legal request is to presume it will be reviewed by a
judge, and that the judge has no idea as to what's going on. Also, make it
easy for the in-house lawyer to figure out how to respond. Example:
I had on May 5, 1943, at 7:30 PM (dinnertime), received a call from a person claiming to represent National Scum. I had specifically requested that I:
1. be placed on your do-not-call list.
2. receive written confirmation that I was placed on your do-not-call list.
3. receive a copy of your policy for complying with such "do-not-call" requests.
As you undoubtedly know, I am legally entitled to each of these under the Telephone Consumer Fraud Protection Act (TCFPA) of 1994. I have never received these, much less received them on a timely basis. I am sure this is an oversight, as I presume that National Scum would want to comply with the letter and spirit of the law. Note that the TCFPA stipulates a $10,000.00 per- violation fine.
Would you please make sure that I am placed on a do-not-call list for all of National Scum's telemarketing efforts. Also please provide the written confirmation and copy of your policy that I had earlier requested.
Sincerely,
page first posted 29-Aug-97 ~~ rev October 9, 2007 ~~ copyright 1997, Stan Protigal ~~ Feel free to link to me.