Welcome to the Talon Mailing & Marketing October 2003 Newsletter:

 

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"Do Not Call" List Blocked by Court.

 

A U.S. court has ruled The FTC overstepped its authority when it set up the list to block telemarketing calls.

 

The program that was supposed to be so simple - just list your number to block telemarketers - has been turned into a multi-ring legal circus involving two federal judges, an appeals court, the House, the Senate, the White House, the Supreme Court, two federal agencies and thousands of telemarketers.

 

A federal court on Wednesday September 24, 2003 blocked the national "do not call" list meant to allow consumers to stop unwanted telephone sales calls.

 

In a ruling filed on Tuesday September 23, 2003, the District Court in Oklahoma City said the FTC acted without statutory authority in creating and implementing the national do-no-call list.

 

"The rulemaking process requires an agency to fairly apprise interested parties of all significant subjects and issues involved, so that they can participate in the process," the court paper said. The court said it ruled in favor of the Direct Marketing Association's claims that "that portion of the final amended rule that pertains to the national 'do-not-call' registry is invalid."

 

The FTC has assembled 50 million phone numbers for the list, which was due to take effect Oct. 1.

 

The Direct Marketing Association sued to block the list shortly after Congress approved it in January, saying it would violate free speech laws and discriminate against the telemarketing industry, which employs millions of people.

 

"The Direct Marketing Association and its fellow plaintiffs are grateful that the Federal District Court in Oklahoma City understood and upheld the industry's belief that the Federal Trade Commission does not have authority to implement and enforce a national do-not-call list," the group said in a statement.

 

Lawmakers criticized the court's decision, arguing that they had given the FTC the authority to implement the list.

 

"We are confident this ruling will be overturned and the nearly 50 million Americans who have signed up for the do-not-call list will remain free from unwanted telemarketing calls in the privacy of their own homes," Reps. Billy Tauzin and John Dingell said in a statement, Reuters reported.

 

October 1, 2003 - "Launch Date"

 

On what should have been the launch date, the National Do Not Call Registry remains mired in legal confusion.

 

Because of a court ruling, the hugely popular registry cannot operate as planned for today's start date, despite the efforts of President Bush, nearly every member of Congress and top regulators.

 

A federal appeals court may yet come to its rescue. But for now, the program's rollout is "chaotic," Federal Trade Commission Chairman Timothy Muris told the Senate Commerce Committee yesterday.

 

Muris said that instead of enforcing its registry, the FTC is now shutting down the computerized systems that allowed Americans to register more than 50 million residential and cellular phone numbers.

 

"We shut down everything to do with the registry already except the sign-up mechanism and we are in the process of trying to figure out how we do that (shutdown)," Muris told reporters after testifying. "Unless something happens (in the appeals court) differently shortly, we'll take orderly steps to accomplish that."

 

Federal Communications Commission chairman Michael Powell, who on Monday promised to use his agency's powers to implement the registry, conceded enforcement would be very difficult because the court won't allow the FTC to reveal registered phone numbers.

 

"To the extent the court's ruling prevents the FCC from accessing the FTC's database, our enforcement efforts may be hampered," Powell said.

 

To make matters worse, many telemarketers who say they would voluntarily honor the registry also can't get access to the numbers under the court's order. So even if they wanted to stop calling registered consumers, they can't.

 

The Senate committee hearing was supposed to bring clarity to the issue, but the registry's long-term future may remain in doubt for years as the various appeals go forward.

 

Muris said that from his agency's viewpoint, the best short-term outcome would involve having the 10th Circuit Court of Appeals in Denver issue an emergency stay to block all lower court orders from taking effect. The FTC filed a motion requesting such a stay yesterday, but the court did not respond immediately.

 

If the appeals court were to grant the request, the FTC then could enforce its registry as various appeals go forward, probably all the way to the U.S. Supreme Court. Muris said that while the process could take a very long time, the FTC ultimately would win.

 

The Talon newsletter will be sure to keep you posted as situations develop.

 


 

Talon and Rich Kruse Public Relations Team Up.

 

Talon to send weekly email blasts of The Kruse Kalendar.

 

Talon is pleased to announce that we have been chosen by Rich Kruse, President of Rich Kruse Public Relations, to send weekly email blasts of the legendary Kruse Kalendar Newsletter. The newsletter is an insider's guide to Long Island's business networking events. In addition to providing weekly email blasts, Talon is performing the tracking and reporting of the click response "hits" for advertisers. Talon is also performing list maintenance and updating on the email database.

 

The newsletter had been dormant for about a year. "Everywhere I went I was continually asked about my newsletter and when it would start up again. I knew we had to get this event calendar distributed again." Rich Kruse said in a statement.

 

The Kruse Kalendar is emailed to 3,000 Long Island Business leaders each week. The newsletter has been so influential in the Long Island business community that its resurrection was written about in Newsday's Business section. Last year Rich and his newsletter were featured on the cover of the Long Island Business News.

 

Talon performs numerous email blasts each month. Some of the companies we have provided email marketing for include The Wall Street Journal, Office Depot, Smith Barney, Citigroup, Verisign and Oracle. Contact us if you would like samples or additional information.

 

The Kruse Kalendar is free to anyone interested in networking in the New York / Long Island area. Click here to see a sample.

 

If you are interested in receiving the free newsletter and/or becoming a paid advertiser contact Rich Kruse by email at richkruse@optonline.net



 

Disaster Recovery - How Talon Has Prepared For Disasters.

By Michael Borkan

 

Did you ever stop to think what would happen if your direct mail vendor was devastated by a fire, hurricane or loss of an employee?

 

If Talon is your vendor you can sleep better at night. We have spent years preparing for disasters by identifying potential problems and implementing solutions.

 

Disasters such as our building burning to the ground most probably will never happen, but some problems can and probably will occur. A computer virus, the loss of a key employee, even hardware damage will occur - it's just a matter of time. Rest assured - Talon is ready!

 

Here are problems that we have identified and how we have remedied them. They are laid out in the order of most probable to occur to least likely.

 

 

#

Disaster

Solution

1

Internet Connection goes down

Off Site connection in place

2

Virus Damages Computers

Multiple systems (some off-line, off internet)

Firewalls

State of the art virus protection software

3

Loss of Employee(s)

All reoccurring work is documented

All employees are cross trained

4

Loss of Electrical Power

Two power generators kept on site

5

Computer Equipment Destroyed

Equipment replacement insurance

Off site machinery in place

Off site data and program backups

6

Client Inventory lost in fire or flood

Inventory Automatically Insured

7

Building Destroyed

Insurance covers setting up a new facility

Insurance covers all subcontracting costs

8

Bio Hazard Terror Attack

Special insurance coverage

 

 

#1 Internet Connection Goes Down:

What happens if your internet connection is down and your service bureau has an important file that must be sent or an email blast that must go? Talon has solved this problem by putting a second high speed internet connection and a computer network at our second building. Our second connection and hardware system is completely independent from our main connection. Two months ago our internet service was spotty for several days. During this time our email blasts were run at our second location. Our clients jobs were processed on time and without problems.

 

#2 Virus Damages Computers:

It's amazing how many computers lack the latest anti-virus software. Our virus software will identify problems before they have a chance to inflict damage. We use the most current virus protection software possible and make sure we get updates as soon as they are ready.

 

Because of our antivirus software, firewalls, and employee training, we have never had a machine effected or damaged by a virus. If we ever do get struck by a virus we have computer systems that are not connected to the internet or our network and every file and program that we house are backed up. We would be able to retrieve uninfected data and programs and continue to run.

 

#3 Loss of Employees:

Ever have a job at a service bureau and the key person is on vacation, sick, or no longer employed there? At Talon all jobs are clearly documented and each service we offer can be done by a multiple number of employees. Not only is this good for our clients but our employees benefit too since they can go on vacation and not receive phone calls!

 

#4 Loss of Power:

Talon has just installed two power generators. Should power go down we can run our computer center. We even can run our high-speed inkjet and inserting equipment.

 

#5 Computer Equipment Destroyed:

Talon has a special insurance policy that covers replacement costs for each machine. Additionally we keep equipment offsite. If both of our buildings were destroyed Talon has the resources of Delta Computer Group which keeps a disaster recovery data center located in nearby Farmingdale. All data is backed up three times and one set is kept off site in a secure location.

 

#6 Client Inventory Lost In Fire or Flood:

Have you ever stopped to think what would happen to your catalogs or letterhead if your vendor's building was flooded or destroyed by fire? Our insurance policy covers all of our clients' inventory - automatically, from the moment it is delivered or picked up by our drivers.

 

#7 Building Destroyed:

Our insurance policy specifically covers all of the costs of getting jobs processed and mailed should our building be destroyed. If it took an extended period to rebuild our location, our insurance would pay for us to set up a temporary location and/or subcontract out our work.

 

#8 Biohazard Terrorist Attacks:

If you think we are overly paranoid about this risk think back: it was only two years ago this nation was terrified by Anthrax in the mail. Our insurance carrier has worked with us setting up procedures to insure that our mail center is protected from unauthorized personnel entering our production areas. Because of our planning with our insurance carrier we are certified and insured should we be the victim of a biohazard attack.

 

We have worked hard to make sure we are ready for just about anything. In addition to these safeguards we also have insurance which allows us to be bonded and we have an errors and omissions policy.

 

For additional information or if you have questions you can call Michael Borkan at 631-667-5500 x 303 or by email at mb@talon.com.

 


 

New Clients:

 

Talon would like to welcome the following new clients this month to our growing roster of clients:

 

Mailing Clients

       Kruse Kalendar - Rich Kruse PR - Legendary Networking Events Calendar Sent Weekly By Email

       Brand Buzz - A Division of Young & Rubicam Advertising

       Maxmara USA - High End Fashion Italian Clothing Designer

       NECC Telecom - Telephone Equipment and Services

       College Aide Express - College Aide

       Best & Company - Children's Clothing Store

 

New Mailing Lists Housed at Talon (we house over 600 mailing lists)

        Primedia Apply Magazine - We house over 110 lists for Primedia Publishing

       Storage Magazine - Technology Magazine

 


 

Mike's Favorite Links:

 

Here are some links you probably are not aware of:

 

 


 

Work Samples:

 

Did you know Talon offers the following services? Click on the links below to see samples.

 

        Color Laser Personalization

        Bulk Email Blasts

        HP High Quality Inkjet (near laser quality)

        Data Entry (from 100 to 100,000 names and addresses)

        Polybag and shrinkwrap services

        Merge/Purge services with comprehensive reports that can instantly be retrieved from the internet

 


 

Newsletter Archives:

 

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Do you know of anyone else who would be interested in receiving our newsletter? Please let us know

by email: mb@talonmm.com

 

 

To learn more about our company, please visit our web site: www.talonmm.com or contact Michael Borkan at (631) 667-5500 x 303.