Why doesn’t the DSA send you Emails?

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For years the DSA Secretary has violated the law in regards to electronic communication.  The President of the DSA’s responsibility is to ensure that the association follows the laws, bylaws and regulations.    The DSA stopped sending emails to members sometime in the spring after I brought this to their attention.  I have always encouraged them to follow the law.  So why did it take 5 months for them to do this?  Why did they keep you in the dark with little to no info. for months?

Following the Law Protects the Association and the Membership!

California Corporations Code 20

Electronic transmission by the corporation” means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form.  However, an electronic transmission under this code by a corporation to an individual shareholder or member of the corporation who is a natural person, and if an officer or director of the corporation, only if communicated to the recipient in that person’s capacity as a shareholder or member, is not authorized unless, in addition to satisfying the requirements of this section, the consent to the transmission has been preceded by or includes a clear written statement to the recipient as to (a) any right of the recipient to have the record provided or made available on paper or in nonelectronic form, (b) whether the consent applies only to that transmission, to specified categories of communications, or to all communications from the corporation, and (c) the procedures the recipient must use to withdraw consent.”

California Corporations Code 21

Electronic transmission to the corporation” means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form.”

This only applies to official notices.  It does not apply to all emails.  I advised them of this in the spring, they could have easily created a electronic communication waiver for the members to sign to receive electronics communications.  The delay of doing this truly shows the lack of caring and lack of professionalism.  This should have been done immediately, when they were notified that they were violating the law, they should have given consent to electronic communications waivers immediately.  Leaving the members in the dark with little to no info. is unacceptable.

 

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