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A Guide To Online Lead Generation Compliance

Lead generation is an important part of many businesses, but it’s important to ensure that your lead generation activities comply with laws and regulations. All too often businesses are not aware of the risks of not having a solid plan. We’ve had several clients over the years get sued for a variety of violations such as; using picture that they did not have a copyright to use, not having an ADA (Americans Disability Act) compliant website, calling a consumer before 8am in certain states, and the list goes on. Here is a guide for online lead generation compliance:

  1. Know the laws: The most important step in ensuring compliance is to be aware of the laws and regulations that apply to your business and your lead generation activities. This includes the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) in the U.S.
  2. Obtain consent: You must obtain consent from individuals before collecting their personal information for lead generation purposes. This means that you need to provide clear and concise information about what data you’re collecting, why you’re collecting it, and who you’ll share it with. You must also provide individuals with the option to opt-out of receiving further communications.
  3. The CAN-SPAM Act is a law in the United States that regulates commercial email and sets guidelines for commercial messages. The acronym CAN-SPAM stands for “Controlling the Assault of Non-Solicited Pornography and Marketing.” The law applies to all commercial emails, including those sent by businesses, organizations, and individuals.
    • Here are the key requirements of the CAN-SPAM Act:
      • Accurate header information: All commercial emails must have accurate header information, including the sender’s physical address.
      • No misleading subject lines: Commercial emails must have subject lines that accurately reflect the content of the email.
      • Opt-out mechanism: All commercial emails must include an opt-out mechanism that allows recipients to unsubscribe from future emails.
      • Honor opt-out requests promptly: Companies must honor opt-out requests within 10 business days.
      • Provide a physical postal address: All commercial emails must include the sender’s physical postal address.
      • Do not use false or misleading information: Commercial emails must not use false or misleading information in the header, subject line, or sender’s address.
      • Include an “ADV” tag: Commercial emails that are advertisements must include the “ADV” tag in the subject line.
      • By following these requirements, you can ensure that your commercial emails are in compliance with the CAN-SPAM Act and avoid penalties and fines. It’s important to note that the CAN-SPAM Act applies to commercial emails sent to individuals in the United States, regardless of where the sender is located.
  4. Keep data secure: You must ensure that the personal information you collect is kept secure and protected from unauthorized access. This means that you need to implement appropriate technical and organizational measures, such as encryption and secure storage.
  5. Use a privacy policy: You must have a privacy policy in place that explains what data you collect, how you use it, and who you share it with. Your privacy policy must be easily accessible to individuals and must be written in clear, concise language that’s easy to understand.
  6. Provide opt-out options: Individuals must be able to opt-out of receiving further communications from you at any time. This means that you need to provide clear and easily accessible opt-out options, such as an unsubscribe link in emails or a phone number for individuals to call.
  7. Respect do not call lists: You must respect the national do not call registry and any other do not call lists that may apply to your business. This means that you cannot use automated dialing systems or pre-recorded messages to contact individuals who have registered on these lists.
  8. Regularly review your practices: Regularly reviewing your lead generation practices and ensuring that they comply with the latest laws and regulations is essential. This means that you need to stay up-to-date with the latest developments in privacy and data protection laws and adjust your practices accordingly.
  9. Payment processing: it’s important to choose a company with a good reputation, like Stripe or Paypal. These companies will help your website developer implement the proper forms and codes into your website to make sure customer data is secure.
  10. ADA compliance refers to the Americans with Disabilities Act, which is a federal law that requires all public accommodations to be accessible to individuals with disabilities. This includes websites and digital content, which must be made accessible to individuals with disabilities so that they can access information, navigate the site, and use its features.
    • Here are a few key considerations for website ADA compliance:
      • Accessibility for individuals with visual impairments: Websites must be designed in a way that individuals with visual impairments can access the content using assistive technology, such as screen readers.
      • Accessibility for individuals with motor impairments: Websites must be designed in a way that individuals with motor impairments can navigate the site using keyboard controls or alternative input devices.
      • Alt text for images: Websites must provide alt text descriptions for all images so that individuals with visual impairments can understand the content of the images.
      • Accessible forms: Websites must have forms that are accessible to individuals with disabilities, including those with motor impairments who may have difficulty using a mouse.
      • Text resizing: Websites must allow for text resizing to accommodate individuals with visual impairments who may need larger text.
      • Color contrast: Websites must have a high color contrast ratio to ensure that text is easily readable by individuals with visual impairments.
      • Time-based media: Websites must provide captions or transcripts for any time-based media, such as videos or audio recordings, to make the content accessible to individuals with hearing impairments.
      • By following these guidelines and making your website accessible to individuals with disabilities, you can ensure that your website is ADA compliant.
      • We recommend AccessiBe or Userway as a solution to ADA compliance.

By following these steps, you can ensure that your lead generation activities are compliant with laws and regulations and that you’re protecting the privacy of individuals.

Alex Oliveira

I’m Alex. I’m a dad, husband, an entrepreneur and an information junkie. I am a passionate guy — I love business and I really love helping business owners turn their passions into profits. I’ve spent the last 10+ years helping clients advance their businesses and brands through dynamic interactive marketing campaigns. I always welcome a challenge and am relentless in the pursuit of innovative marketing strategies that actually work.