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DMA’s Do the Right Thing
• Best Practices/Digital Guideposts
Today’s Presenters
• Senny Boone, SVP Corporate & Social Responsibility
• Jerry Cerasale, SVP Government Affairs
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
Digital Compliance
• Legislative & Regulatory LandscapeMore 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 & ChoicePrivacy Policy –prominent, clear,
functioning
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
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 definitionCollection & 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
• 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!
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:1. No false, misleading header info2. No deceptive subject line3. Identify the message as an ad4. 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 contentIf 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 flowchartwww.dmaresponsibility.org/WirelessChart
Mobile Marketing
• Communications Distinctions:• Voicemail=telemarketing to wireless• Prerecorded, auto, artificial to wireless=TCPAEmail 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.
QUESTIONS??
DMA Resources
• www.dmaresponsibility.org• www.Aboutads.info• www.Dmaaction.orgQuestions-email [email protected]
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