What You Need To Know About Marketing Compliance
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Marketing Compliance
What you need to know!
In this article, we'll look at how marketing compliance regulations impact you, and what you should be doing to stay compliant.
As a marketer, you're probably pretty good at running campaigns, writing copy, and designing emails.
But are you familiar with the legal regulations surrounding things like email marketing, telemarketing, and direct mail?
Chances are, you don't have time to sift through the thousands of pages of regulations that dictate what you can and can't do.
But you do need to stay on top of them, or you run the risk of being fined, or worse, shut down!
What is marketing compliance and why is it important?
Advertising, marketing, and content all have laws and restrictions imposed by government authorities that must be followed. Consumers are protected from being duped or tricked by corporations by these regulations. For your marketing efforts to be really compliant, you must ensure that your content meets all local, state, and federal guidelines wherever they may be published.
You are responsible for ensuring that your company's messaging is consistent and adheres to those principles, regardless of whether it is sent by email, online, phone, chat boxes, social media, or physical collateral such as direct mail.
There are laws against using language or engaging in actions that can confuse or mislead customers and cause them harm. An inquiry, a lawsuit, and penalties might be imposed on your organization if federal or state officials discover that your brand messaging does not comply with requirements.
Your marketing materials have the power to build or damage your brand's initial impression with customers. Making a poor first impression may damage your business's connection with potential clients and your name in the community as well.
Which marketing channels should you monitor for compliance?
Marketing channels like email, phone, chat boxes, social media, and direct mail are subject to compliance regulations.
Call Centers
Your contact centers must ensure that all incoming and outgoing calls adhere to all relevant requirements, such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), Customer Identification Programs (CIPs), and other disclosures.
While certain standards are industry-specific, all businesses need to know the basics to make sure they're following the rules.
Emails
Emails are a direct line of contact between your company and the customer, making them potentially more dangerous than other channels like the web.
Unchecked communication, whether it be an email sent to thousands or a personal conversation with a customer, can put you in grave danger. E-mails must be honest and forthright, without any misleading intent, and in compliance with all applicable laws and regulations.
SMS
Government authorities have the authority to enforce laws on various types of messaging, including text messages and chat boxes, just as they do with other consumer communication channels. The Telephone Consumer Protection Act, which governs call centers, also applies to text messages (TCPA). It's crucial to a company's success to make sure its message communications are both legal and beneficial to its customers.
Social Media
Marketers that use social media to interact with consumers have the same responsibility to learn about and follow these rules as they would with any other channel.
UDAAP, which governs conduct on the internet, email, call centers, and communications, also applies to social media (Unfair, Deceptive or Abusive Acts and Practices).
Truth in advertising regulations has taken on increased importance in the context of social media marketing due to the platforms' meteoric surge in popularity. No matter where they appear, advertisements must not violate federal law and must be honest.
The Endorsement Guides published by the FTC detail the requirements for making full disclosure of any financial relationships between endorsements and the marketers that pay for them.
Businesses may use a handful of guidelines to maintain social media compliance without sacrificing their individuality, innovation, or spontaneity. Some of the ways to ensure compliance include familiarizing yourself with relevant regulations, implementing social media archiving solutions, providing internal compliance training on a regular basis, and proactively monitoring online content for any references of the company.
Marketing compliance best practices
1. Create a compliance program
First, design a compliance program. Clearly define your company's objectives, outline who is responsible for ensuring compliance, and establish the oversight needed to stay abreast of new developments.
Then, establish a transparent and consistent framework for your marketing activities.
2. Build compliance into employee training
This should include training on relevant regulations, as well as training on your company's marketing policies and practices.
Whenever new policies or practices are established, make sure that employees receive material training on these changes.
3. Maintain a compliance calendar
Establish a calendar that lists key dates and deadlines, such as when your company must file reports or keep records on file.
4. Audit your marketing campaigns
Marketing audits help your company identify areas of risk within marketing campaigns, and determine whether changes are needed.
5. Stay current on marketing compliance regulations
As technology evolves, so do the regulations that govern it. These changes can be subtle, but they can have a big impact on how your company communicates with customers.
Stay informed on government proposals for new regulations or changes to existing regulations to fully understand how they impact your business.
6. Get help when needed
Compliance requirements can be complex, so consider getting help from legal experts, consultants, or marketing compliance specialists if you need it.
7. Monitor your channels and report any violations
When there are violations, report them immediately so the company can correct them. Make sure that your employees know the proper channels for reporting violations, and that they provide full, accurate information about the suspected violation.
8. Maintain a culture of compliance
Your compliance program is only as good as the people who implement it. Make sure that you consistently communicate with employees about compliance, encourage their participation, and hold them accountable. Building a strong compliance culture increases buy-in among employees.
Next Steps
Marketing compliance regulations apply to a broad range of communication channels, including social media, email, direct mail, SMS, and phone calls.
The penalties for violating marketing compliance regulations can be hefty, so you should adhere to relevant laws to avoid negative publicity.
You can protect yourself by making sure every campaign is audited, and by creating a compliance program that educates employees, creates a culture of compliance, and maintains accurate records.
It's up to you to make sure that your company's marketing channels are compliant.
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