DMA's Do the Right Thing: Best Practices Digital Guidepost

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 Ethical Guidelines• DMA’s Ethics Committees


• 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


• Restore Online Shoppers Confidence Act 2010

• Advance Consent & Negative Option


• Need consumer’s advance express consent. Pre-checked box insufficient.

• Disclose all material terms & conditions before obtaining consumer’s billing information.


• Cancellation – be clear.• For Internet Sales:Do not disclose billing information to third

parties (post-transaction sellers)

No Data-Pass


• 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.


• Not: Contextual (current visits), ad delivery, ad reporting (data)


• Privacy Policy should include information about OBA & opting out (cookies)

• ALSO need enhanced notice (link)


• Blue Icon/ad choices


• See www.aboutads.info• Read the 7 Principles & DMA Guidelines• Register and use the icon via DAA!


• 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.


• Marketers are collecting and aggregating such consumer data

• Fair information practices should apply: notice, choice, opt-out, transparency


• Testimonials• Endorsements

FTC rules & DMA Guidelines


• 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]

Technology

DMA's Do the Right Thing: Best Practices Digital Guidepost