Navigating a Path to Self-Regulation: Strategies to Bring to Lead Generation
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1 WiFiAccessCode: LEADSPEDIA Follow at #leadscon Wednesday, 1:30 2:10pm Navigating a Path to Self-Regulation: Strategies to Bring to Lead Generation SPEAKERS: Sandy Brown, Assistant Director, Financial Practices, Federal Trade Commission C. Lee Peeler, President & CEO, Advertising Self-Regulatory Council and EVP, National Advertising, Council of Better Business Bureaus Jonathan Pompan, Partner, Venable LLP
2 Jonathan L. Pompan Venable LLP
3 This presentation is for general informational purposes only and does not represent and is not intended to provide legal advice or opinion and should not be relied on as such. Legal advice can only be provided in response to specific fact situations. This presentation does not represent any undertaking to keep recipients advised as to all or any relevant legal developments. ATTORNEY ADVERTISING. Views expressed are those of the speakers only, and do not represent the views of their organizations.
4 Jonathan L. Pompan Partner, Venable Sandhya P. Brown Assistant Director, Division of Financial Practices, Federal Trade Commission Lee Peeler, President & CEO, Advertising Self-Regulatory Council and EVP, National Advertising, Council of Better Business Bureaus
5 Introduction 1. How did we get here? 2. Federal Trade Commission and Lead Generation Advertising 3. Self Regulation What is it, and how does it help? 4. Discussion
6 How we got here Use of Lead Generation is increasing Scrutiny of facial lead generation advertising, data use, and vertical specific regulation is on the rise (e.g., FTC, CFPB, Dept. of Ed., SSA OIG, state Attorneys General, state financial services and insurance regulators) Self-regulation by the industry may make it easier for buyers and sellers of inquiry based advertising to do business.
7 Traits and Benefits for Effective Self Regulation 1. Prompt, flexible, and responsive 2. Adaptable. 3. Helps increase compliance. 4. Process and outcomes can be flexible to market. 5. Realities of the market. 6. Increases confidence. 7. Financial incentives.
8 To view Venable s index of articles and PowerPoint presentations on related legal topics, see
9 FEDERAL TRADE COMMISSION Sandhya Brown, Assistant Director Division of Financial Practices Bureau of Consumer Protection
10 OVERVIEW (1) The FTC s Role (2) Enforcement History (briefly) (3) Fall 2015 Workshop
11 FTC s Enforcement Authority FTC Act Broad jurisdiction Section 5 Deception Unfairness Rules e.g., TSR, MAP
12 Deceptive Claims to Consumers Who is making the offer (FTC v. Mallett) What is being offered (FTC v. GoLoansOnline.com) Security of Consumers Personal Data (FTC v. ValueClick)
13 Deceptive Claims to Consumers LIABILITY OF: Publisher Affiliate Network Service Provider (FTC v. LeanSpa, FTC v. Five Star Auto)
14 Unfair Sale of Sensitive Data
15 Unfair Sale of Sensitive Data Confidential Phone Records (FTC v. Accusearch) Payday Loan Applications (FTC v. Sitesearch, FTC v. Sequoia One) Debt Portfolios (FTC v. Cornerstone, FTC v. Bayview Solutions)
16 FTC Workshop: Follow The Lead October 30, 2015, Washington, DC
17 FTC Workshop: Follow The Lead Hear from industry members Understand more about the mechanics of lead generation in different verticals Identify consumer protection issues Learn about best practices
18 Friday, October 30, th Street, SW, Washington, DC leadgen@ftc.gov
19 Self-Regulation of Lead Generation Claims Lee Peeler President & CEO, ASRC EVP, National Advertising, CBBB
20 The Advertising Industry s Self-Regulatory System 44 years of success Domestically, the FTC views robust self-regulation as an important tool for consumer protection that potentially can respond more quickly and efficiently than government regulation. Edith Ramirez, Commissioner, Federal Trade Commission, Nov. 29, 2012, Federal Trade Commission Workshop on Enforceable Codes of Conduct: Protecting Consumers Across Borders
21 Core Elements Strong Standards Tell the truth Impartiality Administered by BBB Transparency Decisions are public Accountability Referral to FTC if non-compliant
22 Advertising Industry Self-Regulation Advertising Self-Regulatory Council National Advertising Division (1971) Truth and accuracy of national advertising claims Children s Advertising Review Unit (1974) Advertising directed to children Online Interest-Based Advertising Accountability Program (2010) Regulates online behavioral advertising Electronic Retailing Self-Regulation Program (2004) Truthful direct response marketing & telemarketing/seminars
23 ERSP Process Advertising comes to the attention of ERSP through its monitoring of the marketplace and consumer and competitive challenges Process Opening Letter Marketer s Reply ERSP Reply Marketer s Response Final Decision Marketer s Statement Press Release ERSP final decisions and press releases are published in the ASRC Online Archive
24 Telemarketing and Lead Generation In 2012, ERSP initiated a program to monitor and review lead generation advertising and telemarketing of the coaching and mentoring industry In 2013, ERSP further expanded the program to review recordings of free live seminar events Participants provide ERSP with access to telesales calls and/or seminar recordings; must be Electronic Retailing Association (ERA) members Continuous ongoing review of lead generation advertising
25 Lead Generation Advertising As part of the ERSP Review Program, ERSP has made a concerted effort to monitor lead generation advertising Closed 29 cases to date Referred 10 cases to FTC to date Inquiries are initiated by ERSP through its own monitoring and also brought by challengers Cases follow established ERSP Policy & Procedures
26 ERSP Referrals to FTC Life Without Limits, Inc. (Million Dollar Edge), Case #294, June 20, 2012 Maverick Enterprises, LLC (Maverick Money Makers), Case #297, August 10, 2012 MarksEnterprise.com, Inc. (Super Affiliate Lab), Case #310, February 25, 2013 The Info Marketing Group, Inc. (The Mini Site Formula), Case #312, April 2, 2013 Premium Web Marketing, Inc. (Review Riches), Case #301, October 22, 2012 Richatlast.com (Richatlast.com), Case #317, May 8, 2013 Hazel Peppergood, Inc. (Hazel Peppergood), Case #320, June 24, 2013 Internet Secrets (The 7 Day Test), Case #321, June 24, 2013 MobileMoneyCode.Net (Mobile Money Code), Case #354, September 25, 2014
27 Challenges for the Future New focus on lead generation practices Clear legal standards on deception Choice more government enforcement? Or stronger industry effort to police itself?
28 Thank You
Advertising Industry Self-Regulation Overview
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