Latest campaign from Bloggers Unite is to save the lives of the 4000 children per day who die for lack of clean drinking water. I just signed up to participate. Here’s the link if you’d like to add your blog to the chorus.
Water is going to be the resource issue in the coming decades.
Guest post by Steve Ostrow
[Editor’s note: I was sent a review copy of this book, and enjoyed its playful approach to an intimidating subject. So when I was asked if I’d give Steve a forum during his launch, I gladly agreed.]
Congress has spoken! Anti-telemarketing legislation has been passed. Under reasonable restrictions, certain tactics by telemarketers are prohibited and court actionable. Violations can be enforced by the State via the attorney general’s office, the public via class action lawsuits or private lawsuits, and individuals via the small claims court.
The Telephone Consumer Protection Act of 1991 (TCPA) started the ball rolling. Congress was torn between the special interest lobbyists and the people’s vote. The green cash of the lobbyists stalled the legislature for numerous years, but eventually the annoyance of the telemarketing industry became too much. The door opened and the unfettered invasion of free speech was outweighed by the consumer’s right to privacy. After strong objection and outrage by consumers groups, the common sense legislation protecting the privacy of one’s own home was long overdue.
The 1991 original law was pretty weak and without sharp teeth. A free bite at the apple was given and the first offense by a telemarketer to a residence was forgiven with only a simple apology. A second offense was required in order to make an unsolicited commercial call actionable. Basically business did not change under the original law. In 2003, over great objection from the special interest groups, came the National Do Not Call Registry. Yes, 2003 was a great year for the peace and quiet in a consumer’s home. Instead of a consumer requesting individual companies from not calling the home telephone soliciting their service, a residential consumer could sign up at one location and prohibit almost all telemarketers from calling the home phone number. The burden shifted to the telemarketing companies to check “the registry” rather than having the consumer contact the merchant and opt out. Penalties were instituted which are collectible by attorney generals, lawyers, and individuals through the small claims process.
Under the TCPA and the Do Not Call Registry, there are several different violations which are collectible. The most popular ones are:
1. Calling a residential telephone number that is on the National Do Not Call Registry;
2. Using a pre-recorded dialing device to initiate a commercial sale;
3. Using a blocked telephone number when initiating a commercial sale;
4. Soliciting a consumer before 8am or after 9pm;
5. Failure to provide a copy of the company’s Do Not Call Manual after demand for a copy.
Each violation is actionable separately, or can be “stacked” together when multiple infractions are incurred. Even though the courts are supposed to punish each violation with a $500 penalty, different judges will approach cases differently. Some judges will allow you to “stack” as many violations into one case as possible. Others may limit you to one, two, or three causes of action. Regardless of the amount of the judgment, you are able to prosecute the invasion of your peace and privacy in your home through the small claim courts.
Penalties under the TCPA may be “trebled” when the court finds that the violation is intentional. It can be tedious to understand when a telemarketing violation is intentional and when it is not. Rationally thinking, all solicitations by telemarketers are intentional; they are intentionally picking up the phone at their boiler rooms and randomly telephoning as many people as possible making their commercial pitch. It is not accidental that your number may be called, just random bad luck. I guess the easiest way to understand the intentional tripling of damages is using the playoff basketball foul analogy. Some fouls are hard basketball fouls, some are flagrant one fouls, and others flagrant two. Sometimes you just shoot free throws, other times you get ejected from the game. Sometimes the court awards you $500; sometimes the atrocious call telephone solicitation can be awarded $1,500. It’s all up to the ref.
If you are a Democrat and you get a telephone solicitation from a Republican candidate, slow down before you start licking your lips about bringing the opposing political party to its knees. Under the TCPA, certain types of speech are exempted from lawsuits under the Act. Always remember, the violations under the TCPA were balanced with the First Amendment Right of Freedom of Speech. Certain solicitation exceptions are specifically carved out:
1. Tax exempt non-profit organizations, including political parties and campaigns;
2. Organizations with which you’ve had a prior business relationship;
3. Organizations with which you’ve given prior written permission and not expressly revoked;
4. Calls which are NOT COMMERCIAL.
Convenience is a big part of our lives. All of us would like to nail these pesky telemarketers; sometimes it is easier just to hang up the telephone. However, if you are in the mood to make some cash and fight back against these commercial parasites, the good news about small claims court litigation is that it can prosecuted in our home backyard. Since the violation occurred at our telephone, the proper jurisdiction for the action would be our local court.
Steve Ostrow is an attorney, celebrity impersonator and the author of the new book How To Sue A Telemarketer: A Manual for Restoring Peace On Earth One Phone Call At A Time. To date, Steve has successfully sued, or settled, won and collected, over 10 judgments against telemarketers. To find out more and order his book, go to www.howtosueatelemarketer.com
I’ve just signed up for the Ultimate Blog Challenge (Twitter hashtag #blogboost), which means a commitment to add ten posts between now and the end of the month. Especially nuts because I’m speaking in Boston tomorrow and probably won’t even get on the computer. Fortunately, I happen to have one post already scheduled.
I’ll be honest. Despite the many benefits of participation (increased visibility, exposure to other people’s networks, and of course a nice boost in the search engines, etc.)—the main reason I’m doing this is because Michelle Shaeffer, a/k/a SmallBizMuse is one of the organizers (along with Michele Scism, who I hadn’t known before, but who seems to offer a lot of useful resources for solopreneurs). She’s been my Virtual Assistant for something like eleven years, and I’ve taken a sort of nachas (Yiddish word meaning pride in the accomplishments of one’s family) in watching her develop some marketing chops of her own, and a dedicated fan base, over the last year or two. She has 4989 followers on Twitter! All organically acquired, as far as I know; I only have 3395.
So my joining her blog challenge is as much a public thank-you for all she’s done for me these last 11 years as anything else. You, of course, will have different reasons for signing up.
Of course, when she’s rich and famous, I’ll probably have to go out and find a new Virtual Assistant. So it goes.
This time of year, we spend an astonishing amount of time dealing with food: harvesting from our garden, making salads, cooking, preserving, giving or occasionally selling surplus…but it is SO worth it!
Long before we had a garden of our own, I’ve been an advocate of local community food self-sufficiency. Not that a neighborhood or village would grow all its own food, but even the most urban could grow some vegetables and herbs, some berries.
Food is a basic necessity, and as such should be a right (ditto for drinkable water and health care, among other things). But in many poor communities, there are few gardens and not even any supermarkets. Rooftops, vacant lots, and even windowsills could change this—and in the process, empower residents, break down barriers, form friendships, save people money…and introduce folks to the absolute joy of eating fresh organic produce grown right where you are.
Yesterday, I made a batch of pure tomato sauce: no oil, no water, no herbs, no onions or garlic, just fresh ripe garden tomatoes, cooked in their own juice for several hours, until the sauce was about a third of the original volume, and had a flavor so royally rich you’d think it was made of 24-karat gold. Today, it was Dina’s night to cook. Earlier today, she went and got a couple of pounds of green beans out of the garden (along with another 40 full-size and 125 cherry tomatoes, enough corn for our lunch, celery, eggplant, edemame, zucchini, and I forget what else). She cooked the beans lightly for a few minutes in my super-intense tomato sauce and served them over couscous. WOW! Served with a salad of our own cucumbers and tomatoes and lettuce from our local CSA farm, plus some Turkish olives and feta cheese, it was a fabulous dinner.
Today, I made another batch of that good sauce (most of which we’re freezing for the winter), a batch of zucchini pickles, and a batch of dried tomatoes. Dina processed the leeks for freezing. I confess, we’re putting in a couple of hours a day. It really helps that I work at home and that Dina doesn’t have to go teach at the university in the summer. Seems like every break I take from the computer I am dealing with food. But come January, when the produce you can buy is almost inedible, we will pull some of our bounty from the freezer or from the dried stash in the pantry, and we will enjoy locally grown meals almost as good as those we’re feasting on now.
It’s an experience that should be shared widely. I feel very sorry for those people who’ve never had a REAL fresh tomato. Comparing it to a supermarket tomato is like comparing a perfectly aged French triple-cream gourmet cheese with Velveeta.
And I feel grateful not only to live in a place where we can have a garden, but in a time when consciousness of local organic and fresh foods is high, and where food is helping people know their neighbors and boost their nutrition.
Yes, a tomato can change the world.
Editor’s note: I like to say that my blog “covers the intersections of ethics, politics, media, marketing, and sustainability.” But I think this may be the first post in six years of blogging that touches on all five.
Chris Brogan’s blog brought my attention to a Levi’s ad called “Go Forth”—one of the most thought-provoking ads I’ve ever seen.
“A long time ago, things got broken here. People got sad, and left. Maybe the world breaks on purpose—so we can have work to do.” The young girl narrator says this, and a bunch of stuff about the pioneer/frontier spirit.
The ad shows a lot of images of a distressed town, Braddock, Pennsylvania—but also images and especially narration of hope and achievement. The people in the ad are not professional actors, but Braddock residents, apparently.
To, me this ad was about a company wanting to make a difference in a town. Yes, I noticed everyone was wearing Levi’s—but I didn’t pick up a message that I should buy its blue jeans. I got the message that it’s my job to make a difference in the world, no matter what I happen to wear.
Now, I confess—As an entrepreneur motivated more by creating social and environmental change than by making a monetary fortune, I am exactly who this ad is directed at. And I was fascinated. I took the rare step of typing in the link that was displayed on the video to find out more: Levisgoforth.com.
[Side note: In my book, Guerrilla Marketing Goes Green, I attack the conventional wisdom that you need seven or more touchpoints to create action. I argue instead that if you match message to market exactly, even a single impression may be enough. In this case, I took action immediately, on my first exposure.]
Fully expecting a corporate rah-rah site about how Levi was helping communities, I was rather shocked to find a third-party site about the project, and one that was fairly critical of the company (click on the Go Forth and Facts pages). The site is anonymous, though there is a contact-the-site-creator link, which brings up an e-mail address for someone named Brett. Obviously, this link was added later, and not by Levi’s.
Apparently, Levi’s made a one-time million-dollar investment in the community, which is being put to good use creating artist spaces and the like. The effort has the active support of the mayor, but apparently is somewhat controversial in town. But the site attacks Levi’s for treatment of workers, shipping all its manufacturing jobs overseas, and environmental violations, as well as for trying to make the problems go away with a one-time infusion of cash. It says, “We all want to see Braddock Prosper we just have different solutions” (punctuation and capitalization are from the original).
What’s really odd to me is that this third-party intervention is the only call to action. Why didn’t Levi’s have one of its own? They get me all worked up with a feel-good surge of “I can do something,” and then utterly drop the ball.
If you’ve followed my work, you’ll know I’m not usually a fan of image-only advertising (though I’ve seen it serve some powerful purposes, even on campaigns I’ve been involved with). I believe strongly in having a call to action. That is particularly true when you use such deep emotional hooks as this ad does. Why leave people with no place to go? Why not harness that energy?
I asked my wife, novelist Dina Friedman, to view the ad. Although she teaches in a business school, she’s not an entrepreneur. But like me, she is an activist. Her reaction was quite negative: “They’re trying to tell me that their blue jeans are a way out of poverty. If they want to show corporate responsibility, why not run an ad highlighting what they’re doing for this community.”
View the video. visit the go forth site. And tell me what you think. Please post your comment below.
My friend Ken McArthur blogged about his internal struggle in not confronting racist remarks from his substitute barber. I gave him this advice:
It’s not too late. Go back and find him. Tell him, in a respectful, not angry way, “Ever since you cut my hair, I’ve been thinking about some of the things you said and how much I disagree with them. I’ve been beating myself up for not challenging your racism when you expressed it. So today, I’m going to stop beating myself up and tell you that I didn’t appreciate your put downs of those who look different from you, and I’ll not have you cut my hair again.” Then stand still and listen for dialogue. It may be quite vitriolic, but you may be able to go deeper. And you owe him that much.
You do this, not for his soul, but for yours. But there may be a side benefit of reaching his, too (maybe not right away).
Thanks for being brave enough to share this post. I look forward to the follow-up post about what happened when you went back. And how lucky you are that you have the opportunity to “undo the not doing.” I can remember a couple of incidents in my teens where I failed to interrupt racism or sexism on the street and never knew the identities, never had the chance to back and make it right. 40 years later, I still feel guilty.
Mind you, I’m no saint. I have successfully confronted oppressive behavior at times, left it unchallenged at times, and confronted the behavior without effecting any change at other times. Once I got an obscenity-laced tirade directed at me by name and religion, and that was scary (she later called up to apologize). But I’ll always be proud of the time I intervened with a child whose mother was about to lose it over his tantrum in the supermarket (I got the kid laughing by quacking at him)–and always be ashamed that I did nothing to intervene years earlier when a man was verbally abusing his girlfriend on the streets of New York.
150 words a day for seven days. I can do this!
When Michelle Shaeffer first told me about Jeannette Cates’ Blog 30 Challenge to write 30 posts in June, I decided not to participate. It was already a week into the moth when I learned about it, and I knew that with my sister’s family of six coming for a week, I was going to be way behind (and in fact, my inbox ballooned by 1000 unread e-mails while they were here).
Jeannette has set up all sorts of systems that build on this commitment to get more traffic, Twitter fans, etc., and I was disappointed that it wasn’t going to work for me.
But now they’ve gone home again, life is getting a bit more sane, and Jeannette just announced a more do-able version: 7 posts in 10 days. Except that 3 of the 10 days are already gone, so for me, it’ll be a post a day for a week. Or two posts today while I’m in the groove :-).
I think I’m going to use these seven days as a laboratory to explore my next big project: a trade association for Green marketers. Stay tuned—and PLEASE comment on the ideas I’m exploring. If I find your comment especially useful, I’ll even send you a nice surprise.
My I-friend Kevin Lovelady is going after a market that few would dare to pursue: people who’ve failed in business.
Kevin, who has been a strong and consistent supporter of my Business Ethics Pledge campaign, feels that people who experience business failure feel “abandoned” and need resources. So he’s set up a blog, a Facebook page, and various other channels to offer free support to those in this situation. It’s certainly a growing market, and I’m sure he has plans to monetize it down the road. Though, from personal experience in the frugality market, I’m not sure if he realizes what a challenge that might turn out to be. I could, however, easily see it turning into a Web 2.0 or Web 3.0 community for mutual support, and THAT could open up many channels to success if it gains traction.
Anyhow, if you or someone you know had the legs knocked out from underneath your company, you might have a look. And Kevin best of luck!
Cooperate with others to open new markets. It’s one of the key principles of my brand new book, Guerrilla Marketing Goes Green (co-authored with Jay Conrad Levinson), released this week by John Wiley & Sons. The book is a manual for thriving by doing the right thing, showing businesses that Green and ethical practices aren’t just a way to stay out of jail–they’re a success strategy–and cooperation is one of those practices.
So–do we practice what we preach? Here are some of the things we’re doing to launch the book:
So…adding Jay’s lists and mine together, we have about 94,000 subscribers. Adding Green America alone doubled that. Adding in the partners means we multiplied our original 94,000 by about eight times, to 890,000. Even chopping off ten percent for duplicates, that still means 801,000 people are hearing about this book, and that’s 703,000 people that Jay and I couldn’t have reached on our own. And that doesn’t even count Twitter, e-mail discussion lists, Facebook, LinkedIn, etc.
Oh yes, and let’s talk about my bringing in Jay as a partner co-author. Leveraging the strength of his name definitely helped to build all these partner relationships, as well as strong partner relationships within the publishing house. So now, instead of reaching 10,000 of my own subscribers to inform them of my newest book, I’m reaching 801,000, of whom 791,000 are the result of our outreach efforts, outside of my own network.
Cost to me? Only time. OK, quite a bit of time, including my assistant’s time, which I am paying for. But time well-spent.
Is it resulting in sales? A week ago, the Amazon sales rank for Guerrilla Marketing Goes Green was in the 575,000s. In other words, five hundred seventy five thousand books were outselling mine.There have been some wild swings, but at the moment, it’s at 28,793. In the environmentalism category, it’s #13 right now. And Amazon is only one of the five channels that we’re linking to from the books website, https://www.guerrillamarketinggoesgreen.com. In other words, yes–people are BUYING the book, and in doing so, validating this key concept.
It must have been somewhere around 1986, in the early days of my business, that I first encountered the work of Paul and Sarah Edwards, gurus to the home-based business sector that was just beginning to take off back then. I’ve been home-based since I founded my company in 1981, so their message resonated.
I’ve been corresponding with Paul recently, and am very excited by something they’re into now: Offering the “Elm Street” economy as an alternative to both Wall Street and Main Street.
Elm Street, in most communities, is typically in a residential neighborhood. In Northampton, Massachusetts (the closest Elm Street to my house), it’s a graceful, tree-lined boulevard of large Victorian-era homes.
As Paul and Sarah Edwards describe it, an Elm Street economy is also firmly rooted in sustainability, at multiple levels:
It’s a local economy, composed of locally-owned and locally-financed enterprises, industries, and independent practitioners who are invested in bringing long-term well-being to all living there, including nature. It’s focus is on working together to create dependable, environmentally sustainable way of life that bring basic services, products, and resilience back to our local communities.
Local Economy
Be it in a city neighborhood, a suburban sub-division, a small town or rural community, the Elm Street Economy is coming to life. It may look a little different from locale to locale, with urban Elm Street communities growing food on rooftops instead of backyards, for example, but wherever they might be located, they can flourish due to values and characteristics symbolized in this logo.• Local production of food, renewable energy and goods.
• Local development of commerce, government and culture.
• Reduction of consumption while improving environmental and social
concerns.• Being an exemplary working model for other communities when the effects
of decline of the existing economy and our natural resources becomes more
intense.
In short, very much aligned with the values I’ve been espousing for years, in this blog, in my books, in my speeches, and elsewhere.
The Edwards’ vision of the Elm Street economy, and their analysis, go far deeper than what I’ve quoted here. Go and read it.