Online Marketing (generally) Need consumer’s advance express consent. Pre-checked box insufficient. Disclose all material terms & conditions before obtaining consumer’s billing information.
Online Marketing (generally) Cancellation – be clear. For Internet Sales: Do not disclose billing information to third parties (post-transaction sellers) No Data-Pass
Online Marketing (generally) A third party must clearly disclose description of goods & services & all material terms of offer. Consumer must provide express consent. -complete account info -consumer name, address -clear confirmation for the charge
Online Behavioral Advertising Specific definition Collection & use of info for OBA purposes. OBA: collection of info from a device regarding Web viewing behavior over time across non-affiliate websites to predict user preferences to deliver ads to that device based on preferences inferred from such Web-viewing behavior.
Online Behavioral Advertising Not: Contextual (current visits), ad delivery, ad reporting (data)
Online Behavioral Advertising Blue Icon/ad choices
Online Behavioral Advertising See www.aboutads.info Read the 7 Principles & DMA Guidelines Register and use the icon via DAA!
Online Behavioral Advertising DMA is an “enforcement mechanism”
Email & SPAM Applicable law: “CAN-SPAM” Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 FTC FCC
Email & SPAM Covers commercial messages: Any electronic email message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service. Each separate violation costs $16,000
Email & SPAM Legitimate marketers are also victims Compliance requirements: No false, misleading header info No deceptive subject line Identify the message as an ad Tell recipient where you are located Physical address
Email & CAN-SPAM 5. Tell recipient how to opt-out of receiving future emails. 6. Honor the opt-out request “promptly” 10 business days. 7. Monitor your third parties-both marketer and the sender of the message can be held liable
Email & CAN-SPAM Exceptions: -charitable solicitations/though states can regulate -transactions -relationship content If mixed content, err on side of caution &comply
Email & CAN-SPAM What if more than one marketer? Multiple marketers can designate one as designated sender who is responsible-or all will be held accountable.
Email & CAN-SPAM Forward to a Friend: Any commercial benefit to the forwarder? (money, coupons, discounts…) Seller has compliance obligations.
Email & CAN-SPAM Opt-out: provide link to request no further solicitations, no name rental, exchange, sale DMA Guidelines & E-MPS use on prospect lists.
Email & CAN-SPAM Federal Communications Commission adds an opt-in twist: FCC adopted rules prohibiting sending unwanted commercial messages to wireless devices without PRIOR permission.
Mobile Marketing Mobile devices – hundreds of kinds! Convergence of rules: Telephone Consumer Protection Act, Telephone Sales Rule, CAN-SPAM, COPPA…
Mobile Marketing TCPA-no auto dialers, artificial, pre-recorded to wireless (regardless of EBR) FCC rules apply to: -calls to consumers, businesses -nonprofit -calls for any purposes
Mobile Marketing Need Prior Express Clear, conspicuous Prior to sending message Opt-out ability
Mobile Marketing No hidden, hard to find text Affirmative consent (no pre-checked box) No subterfuge (sweepstakes entry form)
Mobile Marketing DMA Guidelines: www.dmaresponsibility.org/Guidelines/ DMA Alert – Rules for Contacting Wireless by Phone, Text & Email www.dmaresponsibility.org/WirelessAlert/ Compliance flowchart www.dmaresponsibility.org/WirelessChart
Mobile Marketing Communications Distinctions: Voicemail=telemarketing to wireless Prerecorded, auto, artificial to wireless =TCPA Email to wireless, mobile enabled websites, indirect mobile =Online rules (CAN-SPAM)
Mobile Marketing Do not rent third party lists for mobile marketing. Include easy mechanism to opt-out Opt-out within 10 days, no added messages that incur fees.
Mobile Marketing Location-based information can be sensitive Mobile privacy is on the regulatory agenda
Social Media Marketing Commercial solicitations –expanded to include emails and an individual’s direct contact point. Member guidelines cover social media interactions with users often greater than other channels.
Social Media Marketing Marketers are collecting and aggregating such consumer data Fair information practices should apply: notice, choice, opt-out, transparency
Social Media Marketing Testimonials Endorsements FTC rules & DMA Guidelines
Social Media Marketing On-line referral marketing - send to a friend -If there is a commercial benefit, be compliant with CAN-SPAM as the sender -The recipient should disclose they are receiving a benefit for the referral.