The document discusses various topics related to digital marketing compliance, including online advertising, behavioral advertising, email marketing, mobile marketing, and social media marketing. It provides an overview of relevant guidelines and regulations, such as the CAN-SPAM Act, and highlights best practices for areas like obtaining consumer consent and providing opt-out mechanisms. Resources from the DMA on these topics are also listed for additional information.

1. 9/30/2011
DMA’s Do the Right Thing
• Best Practices/Digital Guideposts
Today’s Presenters
• Senny Boone, SVP Corporate & Social
Responsibility
• Jerry Cerasale, SVP Government Affairs
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2. 9/30/2011
DMA & Self-Regulation
• Commitment to Consumer Choice
• Consumers & Privacy
• DMA’s Complaint process
• www.dmachoice.org – DMA track record!
DMA & Self-Regulation
• DMA Ethical Guidelines
• DMA’s Ethics Committees
DMA & Self-Regulation
• DMA Board
• Referrals & publicity
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3. 9/30/2011
Digital Compliance
• Legislative & Regulatory Landscape
More Challenges than Ever!
• Pending Privacy bills
• Federal Trade Commission:
• “Self-regulate or we will”
Digital Compliance
• Top Concerns we will be covering:
-Online advertising (generally)
-Online Behavioral Advertising
-Email marketing
-Mobile marketing
-Social media marketing
Online Marketing (generally)
• Consumer Concerns
• DMA Guidelines
Notice & Choice
Privacy Policy –prominent, clear,
functioning
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4. 9/30/2011
Online Marketing (generally)
• Restore Online Shoppers Confidence Act
2010
• Advance Consent & Negative Option
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
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5. 9/30/2011
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)
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6. 9/30/2011
Online Behavioral Advertising
• Privacy Policy should include information
about OBA & opting out (cookies)
• ALSO need enhanced notice (link)
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!
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7. 9/30/2011
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
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8. 9/30/2011
Email & SPAM
• Legitimate marketers are also victims
• Compliance requirements:
1. No false, misleading header info
2. No deceptive subject line
3. Identify the message as an ad
4. 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
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9. 9/30/2011
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.
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10. 9/30/2011
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
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11. 9/30/2011
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
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12. 9/30/2011
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
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13. 9/30/2011
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
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14. 9/30/2011
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.
QUESTIONS??
DMA Resources
• www.dmaresponsibility.org
• www.Aboutads.info
• www.Dmaaction.org
Questions-email ethics@the-dma.org
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