7
Jun/12

Have You Received Mail From Day Group LLC or DayGr.com?


Would your accounting department process the document reproduced below? Maybe it has. Consider:

Title 39, United States Code, Section 3001, makes it illegal to mail a solicitation in the form of an invoice, bill, or statement of account due unless it conspicuously bears a notice on its face that it is, in fact, merely a solicitation. This disclaimer must be in very large (at least 30-point) type and must be in boldface capital letters in a color that contrasts prominently with the background against which it appears.

The disclaimer must not be modified, qualified, or explained, such as with the phrase “Legal notice required by law.” It must be the one prescribed in the statute, or alternatively, the following notice prescribed by the U.S. Postal Service: THIS IS NOT A BILL. THIS IS A SOLICITATION. YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED ABOVE UNLESS YOU ACCEPT THIS OFFER.

Some solicitations disguise their true nature. Others identify themselves as solicitations, but only in the “fine print.” In either case, protect your company’s assets by withholding payment until you have verified whether your company actually ordered and received the goods or services reflected on the document. If not, do not pay. You may have received a solicitation in the guise of an invoice.

A solicitation whose appearance does not conform to the requirements of Title 39, United States Code, Section 3001, constitutes prima facie evidence of violation of the federal False Representation Statute (Title 39, United States Code, Section 3005).

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