Marketing Compliance

Protecting Your Brand

Businesses that engage their customer base with phone calls, text messages, and emails must navigate a web of federal and state laws. But complying with the TCPA, TSR, Do-not-call regulations, and other laws is about more than avoiding financial penalties. You have a brand and reputation to protect.

CompliancePoint’s Marketing Compliance Services can help to maximize your company’s ability to effectively communicate with the market while protecting everything you stand for. Our expertise in the ever-changing global communications landscape will help to limit consumer complaints, avoid costly class actions, and ensure compliance with all applicable laws. Failure to do so can result in not only fines but also in damaging your good name. You don’t want that. We can help.

Key Regulations

CompliancePoint’s experts have in-depth knowledge of the following laws and they have helped many organizations design and execute programs and campaigns that comply with all applicable regulations without sacrificing business goals.

TCPA

The Telephone Consumer Protection Act (TCPA) became law in 1991 and is one of two key federal rules covering telephone communications in the United States. Any person, business, or entity that solicits via the phone must comply with the TCPA. The TCPA covers voice calls, faxes, VoIP calls, and text messages.

TSR

The Telemarketing Sales Rule is the other major federal law related to telemarketing. The TSR gives the Federal Trade Commission (FTC) and state attorneys general tools to combat telemarketing fraud, gives consumers added privacy protections, defends against unscrupulous telemarketers, and helps consumers tell the difference between fraudulent and legitimate telemarketing. Any business or individual that utilizes telemarketing must comply with the TSR.

Do Not Call

It is illegal for most telemarketers or sellers to call a number on the National Do Not Call Registry. The national registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. Telemarketers must search the registry at least once every 31 days and drop any registered numbers from their call lists.

Eleven states have their own Do Not Call lists that telemarketers need to be aware of.

CAN-SPAM

The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act regulates the sending of commercial emails and text messages. The FTC is primarily responsible for enforcing the law.

ROSCA

The Restore Online Shoppers' Confidence Act (ROSCA) was enacted in 2010 to protect consumers from deceptive online marketing practices.

Canada’s Anti-Spam Law

Canada's Anti-Spam Law (CASL) sets requirements for companies that wish to market via text, emails, social media, and instant messages.

Risks of Non-compliance

The risks associated with marketing regulatory non-compliance include enforcement by government agencies, private legal action, and damage to a business’s reputation.

Class Action: The greatest risk for companies is class action lawsuits allowed under the TCPA and TSR. TCPA Class Actions often result in multimillion-dollar settlements. The private right of action has resulted in thousands of lawsuits against companies related to non-compliant calls and text messages.

Regulator Enforcement: Enforcement powers for the TCPA, TSR, CAN-SPAM, and others are broad. The Federal Communication Commission (FCC), FTC, and state Attorneys General can enforce laws and bring lawsuits in federal court for actual damages or fines. Depending on the law that has been violated, penalties can be more than $50,000.

Reputational Damage: It’s important to keep in mind the possibility of damage to an organization’s reputation. The effects of negative publicity can have a worse long-term impact for a company than the fine. Professional plaintiffs tend to target companies with a history of TCPA cases.

How We Can Help Your Business

Compliance Services

Our experts understand the impact major telemarketing regulations can have on your operations and will work with you to ensure compliance while facilitating your marketing and sales goals. Each of our engagements is uniquely based on our client’s specific needs.

Virtual Compliance Officer

Our consulting service allows you to put an experienced compliance officer to work for your organization. Our consultants will help you understand your organization's risk profile and the specific steps that must be taken to close gaps and mitigate risk, so you can conduct your campaigns with confidence.

Compliance Monitoring

Federal rules require monitoring of compliance activities. CompliancePoint has a broad array of monitoring services to provide insight into customer engagement activities. We’ll design a custom program based on your organization’s goals and direct marketing activities.

Vendor Monitoring

Companies that utilize third parties to assist with their marketing programs are liable for any calls the third-party call centers place on their behalf act that violates the TCPA. CompliancePoint can help you develop a vendor monitoring program that will allow you to determine if our vendors are complying with all applicable regulations and following your company's policies.