your roadmap for responsible marketing initiatives: the dma ethics guidelines

Your Roadmap for Responsible Marke4ng Ini4a4ves:

The DMA Ethics Guidelines

Chuck Curran -‐ CDC Consul/ng October 15, 2013

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Chuck Curran •  Chief Policy and Regulatory Counsel, AOL (1997-2009) •  Executive Director, Network Advertising Initiative (NAI) (2009-2011) •  Senior Advisor, Digital Advertising Alliance (2011-present)

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The Multichannel Minefield:

•  Text here

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With multichannel enforcers . . .

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Who has anticipated marketers’ questions?

•  Text here

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Who has thought about responsible practices before?

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Your Guide for Responsible Practices in the Multichannel Marketplace

•  Available at www.dmaresponsibility.org

•  Reflects the decades of experience of DMA Members •  Covers both substantive advertising practices and the full range of issues for the collection and use of marketing data •  A self-regulatory mechanism with consumer redress

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Your Guide for Responsible Practices in the Multichannel Marketplace

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Backed up with DMA Resources for Businesses and Consumers

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www.dmaresponsibility.org/

•  Text here

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And DMA Compliance Enforcement

July 2013 Compliance report at http://thedma.org/compliance/

Responsible Advertising Practices

Core DMA guidelines covering the terms of the offer: •  clarity, honesty and accuracy Principles •  substantiation of claims •  disclosure of sponsorship •  accessibility (to your identity and your marketing preferences) •  express informed consent for advance consent/negative option marketing •  special offers and claims (“Free” qualifications, e.g.) •  sweepstakes

Covers areas of recent regulatory enforcement focus •  testimonials and endorsements (including in social media)

•  marketing to children (and parental choice) DMA Compliance report trends & issues

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DMA Ethics Guidelines Articles 1-30

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FTC Spring 2013

Responsible Marketing Data Practices: Cornerstones (1) For any marketing or fundraising campaign using consumers’ personally identifiable information, your company or organization should:

•  Provide appropriate, channel-specific notice of your consumer data practices, including a consumer’s choice to opt out from

o  your future marketing solicitations AND o  the transfer of that consumer’s information for further marketing

purposes

•  Offer a preference mechanism to exercise such choice, providing the contact information for the preference mechanism (Web, phone, or address) within your marketing offer, or upon the consumer’s request

•  Establish policies and practices to ensure that the consumer’s expressed preferences are honored

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Responsible Marketing Data Practices: Cornerstones (2) For any marketing or fundraising campaign using consumers’ personally identifiable information, your company or organization should:

•  use marketing data for marketing purposes only •  avoid using/transferring sensitive financial information (credit card/SSN) •  for health data in treatment context, offer notice, opt out & consent to transfer •  for prospect campaigns, suppress names from applicable DMAChoice or other name-removal lists •  disclose the source from which the data is obtained upon consumer request

If acting as a database compiler, marketers should take steps to ensure •  that the uses of its marketing data by its end users (non-affiliated third party marketers) does not violate the DMA Guidelines •  that consumer suppression requests for that list are honored for future prospect marketing •  that end users are not prohibited from divulging your company’s identity as the source of the marketing data

Establish reasonable information security policies, training, and safeguards for your company and contractually require it of your business partners

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dmachoice.org: Prospect Mail Suppression

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Digital Marketing – Some Key Guidelines Online data collection and use for personally identifiable information

•  Prominent or easily accessible disclosure of practices and choices, prior to/at time of collection

•  Choice mechanism for future marketing or data transfer, effective within 10 days •  Notice of material changes to existing data policies •  Accountability procedure to demonstrate adherence to stated practices

Commercial solicitations online guidelines •  For solicitations to a direct contact point/unique ID (Twitter ID e.g.), sent based

on either o  Channel-appropriate consent from the recipient to the marketer, OR o  The recipient not having exercised an opt-out after notice of such opt

out, or o  The marketer having received assurance from its third party list provider

that the recipient either has consented to or been provided notice/opt out choice

•  When marketing using contact point data derived from social media/online referrals, channel appropriate choice and prior permission for rental or sharing of this information

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Digital Marketing – Key Guidelines (2)

Interest-based advertising & cross-site data collection and use •  DMA follows Digital Advertising Alliance principles for enhanced consumer

consumer transparency and control (www.aboutads.info) •  Includes multi-site and mobile data collection practices •  Enforcement by DMA/BBB

Email append: •  Consumer email address may be appended to consumer records

o  with consumer permission OR o  in the context of an established business relationship (offline/online), where the

source of such of data provided notice/choice for 3rd party email offers; the consumer has not opted out, AND reasonable efforts made to ensure accuracy

•  Marketing emails to mobile devices require prior express authorization

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Mobile & Telephone Marketing When marketing to mobile devices:

•  Obtain prior express consent* from existing and prospective customers •  Marketing practices notice consistent with Guidelines (sponsorship, e.g.) •  Simple, easy-to-use opt mechanism (reply text “STOP” e.g.) •  Location-based marketing also requires notice and consent

[*New TCPA requirements for prerecorded calls/texts]

When telemarketing to landline/wireless devices: •  General DMA Guideline to comply with laws and regulations (Article 60) •  Honoring federal/state Do Not Call lists and internal suppression •  Responsible practices include

o  Calls during reasonable hours o  Disclosure of call taping/recoding o  Generate caller ID info o  Avoid unlisted numbers

•  Guidelines for automated dialing equipment & call abandonment

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Very recent developments: TCPA & COPPA Amendments

FCC Enforcing Amended Telephone Consumer Protection Act •  For prerecorded marketing calls & text messages to mobile phones, consumer

must now provide prior express written consent AND interactive opt out •  Consent requires signature and clear disclosure •  No exception for established business relationship

FTC Enforcing Amended Children’s Online Privacy Protection Act •  Broadens scope of Web-based data collection practices that require parental consent

for children under age 13 (based on broader definitions of “personal information” to include unique identifiers such as geolocation data and cookies)

•  Broader coverage of whether a site is “directed to children” •  Web sites responsible for data collection by third parties

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“20/80” Responsible Practices checklist

•  Confirm your ad/offer terms are clear, accurate & substantiated •  Make channel-appropriate sponsorship disclosures •  Establish/maintain a preference mechanism covering not only your use

and transfer of consumer data, but also honoring industry-wide mechanisms

•  Meet any other channel-specific consent or choice requirements •  Provide up-to-date notice of data practices •  Think twice about (or get help with) potentially sensitive data use

involving health, financial or child-related data •  Take steps to ensure responsible practices by your data partners •  For innovative uses of new types of marketing data in new channels,

“lean in” to the spirit of the DMA Guidelines!

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Discussion and Questions?

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This presentation is for general informational purposes only and is not intended to provide legal advice or counsel. Please consult a qualified attorney for specific advice.