• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is it legal to pitch a former customer without telling them who you are?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

fstep2

Member
What is the name of your state (only U.S. law)? NY

So I have a high-volume marketing business, high retention and everything but once in a while I'll have a project that doesn't go great just like every company.

My idea is to create a sister website and repitch those customers. Essentially by this time I know their business and needs so I expect to convert most. Obviously I can't tell them I own the company they just worked with, so I will just approach as a new company / clean pitch.

Is there any law against that in case someone finds out?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? NY

So I have a high-volume marketing business, high retention and everything but once in a while I'll have a project that doesn't go great just like every company.

My idea is to create a sister website and repitch those customers. Essentially by this time I know their business and needs so I expect to convert most. Obviously I can't tell them I own the company they just worked with, so I will just approach as a new company / clean pitch.

Is there any law against that in case someone finds out?
Yes. There is a law against that. I think you are better off doing a good job for your customers from the start.
 

not2cleverRed

Obvious Observer
Please, just stop. You seem to have no idea how to ethically run a business.

Do the best job you can for customers. When your best is not enough, apologize and take responsibility for your contribution to the mess.

Do not give refunds and then even *think* of billing them for the refunded amount at a later date.

Your posting hx is a nightmare. Just work for someone else already - preferably in a job where you do not interact with customers or do any of the billing.
 

fstep2

Member
Please, just stop. You seem to have no idea how to ethically run a business.

Do the best job you can for customers. When your best is not enough, apologize and take responsibility for your contribution to the mess.

Do not give refunds and then even *think* of billing them for the refunded amount at a later date.

Your posting hx is a nightmare. Just work for someone else already - preferably in a job where you do not interact with customers or do any of the billing.

First i'm a Trump supporter, so...

Second my business is doing quite well and has for a long time. Those inquiries were basically for customers who didn't honor their contracts or used dirty tricks to get out of paying. I have an 84% customer retention.
 

fstep2

Member
You WANT to have these folks as customers? :rolleyes:

Nothing to brag about, IMO.
You're mixing up 2 different issues. The one about billing people who got out of paying I don't want as customers. The ones who just had a campaign go sour I would like a second run at.

84% is very high in my industry, I only said that in response to the other person's message though.
 

quincy

Senior Member
You're mixing up 2 different issues. The one about billing people who got out of paying I don't want as customers. The ones who just had a campaign go sour I would like a second run at.

84% is very high in my industry, I only said that in response to the other person's message though.
Well, as much as you would like a "second run at" the customers who were dissatisfied with your business the first time around, you cannot set up another website that attracts them through deception. That is a good way to lose ALL of your customers, and your business.

Again, you need to make your company good enough so that customers want to return. Fix the flaws.
 

fstep2

Member
Well, as much as you would like a "second run at" the customers who were dissatisfied with your business the first time around, you cannot set up another website that attracts them through deception. That is a good way to lose ALL of your customers, and your business.

Again, you need to make your company good enough so that customers want to return. Fix the flaws.
Is it deception if I simply don't say anything, send them an email offering my services from a different site?

What's the specific law covering this?
 

tranquility

Senior Member
Is it deception if I simply don't say anything, send them an email offering my services from a different site?

What's the specific law covering this?
I'd start with unfair trade practices.

http://www1.nyc.gov/assets/dca/downloads/pdf/about/ConsumerProtectionLawPacket.pdf

But, then again, it all becomes clear. Peas of a pod and all that.

www.jebbush.com
 

quincy

Senior Member
Is it deception if I simply don't say anything, send them an email offering my services from a different site?

What's the specific law covering this?
Unfair business practices is the umbrella under which several other laws fall (false advertising, false designation of origin ...).

Omitting pertinent facts is as deceptive as lying about pertinent facts.

If you want your current business to survive, you make it one that customers want to frequent rather than violating laws that can get you sued into bankruptcy. Trying to operate several poor businesses, in other words, is not the way to have one successful business.
 

not2cleverRed

Obvious Observer
Is it deception if I simply don't say anything, send them an email offering my services from a different site?

What's the specific law covering this?
You are intentionally deceiving the customer. You are misrepresenting yourself as being two unconnected businesses - when it seems to be the same business, with the same person(s) doing the work.

Look up New York General Business Law 349 - Deceptive Acts and Practices Unlawful.

Or you could try on 350 - sounds like false advertising to me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top