Nothing is more important than protecting your brand. 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 federal and state laws. Failure to do so can result in not only financial penalties, but also in damaging your good name. You don’t want that. We can help.
We understand that calls and texts are an essential part of your marketing needs.
Companies are faced with a wide variety of compliance requirements and unique business needs. CompliancePoint’s services are aimed at helping companies overcome these hurdles by enabling them to identify, understand, and resolve their customer contact compliance issues that may be putting their organization at risk.
Why It’s Important
Approximately 4,000 TCPA lawsuits are filed every year and telemarketing is a top consumer complaint to the FTC & FCC. Fine and settlement amounts are thousands of dollars per violation.
Under the TCPA, state Attorney Generals may bring law suits in federal court for actual damages or fines of $500, whichever is greater. If a company knowingly violated the law, that amount can be tripled to $1,500 per violation.
Further, Canadian regulatory bodies have become increasingly active with enforcements against violators of their consumer contact requirements. Mistakes by even one agent or sales rep can lead to citations or fines.
Under Canada’s Anti-Spam Law, the law that covers text messages, the maximum penalty is $1 million CAD for individuals and up to $10 million CAD for corporations, per violation. Further, Canada’s Unsolicited Telecommunications Rules allows for penalties up to $15,000 CAD per violation for a corporation.
It’s important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine.
Through the CAN-SPAM Act, the Federal Trade Commission (FTC) covers all marketing email messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement."
Although the FTC has been granted primary responsibility for enforcing CAN-SPAM violations, the law also grants authority to the Department of Justice (in cases where the FTC may not have jurisdiction over a particular industry) and to state Attorneys General.
Canadian regulatory bodies have become increasingly active with enforcements against violators of their consumer contact requirements. If your company intends to email to Canadian residents, Canada’s Anti-Spam Law must be considered as its rules create a permission-based regime meaning that consent is required BEFORE sending a commercial email.
Why It’s Important
Each commercial email in violation of CAN-SPAM is subject to penalties of up to $40,000, and more than one entity may be held responsible for violations. Emails making false or misleading claims may be subject to laws outlining deceptive advertising. Furthermore, the law provides for criminal penalties, including imprisonment.
Under Canada’s Anti-Spam Law, the maximum penalty is $1 million CAD for individuals and up to $10 million CAD for corporations, per violation.
However, it's important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine.
Approximately 10,000 lawsuits are filed every year against debt collectors!
The FTC enforces debt collection rules, and debt collection calls are one of the top complaints it receives.
CompliancePoint knows not only how to comply, but how to reduce risk and complaints. We can share this expertise with you.
Why it’s important
Any debt collector who fails to comply can be subject to costly class actions or settlements. In the case of a class action such amount is not to exceed the lesser than $500,000 or 1% of the net worth of the debt collector.
It’s tough to clearly and conspicuously disclose all material terms, conditions, restrictions, limitations and exclusions. Can hyperlinks be used? What about pop-ups? Are my terms and conditions clear?
Further, what happens if child enters data on your website?
There are endless online complexities that the FTC imposes.
Why it’s Important
Record fine amounts are being imposed on companies who fail to disclose material information or obtain consent from parents if a child enters their data on a company’s website. Prior to these records, the average fine amount for “COPPA” was over $2 million dollars. A court can hold website operators who violate online rules up to $16,000 per violation.