WHO v. WHERE

On line marketing raises interesting legal issues. If your marketing campaign targets US consumers, regardless of your location, then Advertising, Marketing and Promotions Law in the USA applies to you. Regardless what you may be advertising (product, service, etc.). Once on line, in the public domain, marketers need to consider that if US consumers are part of the target market. If yes, then such marketing campaigns must be legally compliant with advertising laws before launching your marketing campaign publicly. So, the “WHERE” is important.

Marketing on line also raises privacy/data legal issues as well. Marketers with websites, in particular, need to be aware the type of data collected from visitors, may trigger different privacy laws. For example, if a Florida company has a website that collects data from visitors, and a California resident lands on that website, then the California Consumer Privacy Act (CCPA), just applied to that marketer. Since marketers do not know “WHO” is visiting and/or purchasing on their website, it is important to be legally compliant with privacy laws such as GDPR, CCPA, SHIELD ACT, and others.

Best business practice is to have marketing campaigns that are legally compliant with both, Advertising and Privacy Laws before launching campaigns publicly. Being legally compliant with Advertising, Marketing and Promotions Law could minimize legal risks and hefty fines from false and misleading advertising lawsuits or challenges. Being legally compliant with Privacy Law could minimize lawsuits and costly fines for privacy violations.

Friendly reminder: Substantiation + transparency = TRUST! Having legally compliant marketing campaigns builds trust. Any question? Feel free to contact me.  

#substantiationequalstrust #transparencyformstrust #advertisingandmarketinglawyer  #hispanicadvertisingandmarketingattorney