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Compliance Guide™ Features

Monthly Compliance Update, January 2011

? - January 2011 Compliance Update Monthly Compliance Update
  • Monday, January 17, 2011:
    Martin Luther King's Birthday
    Alabama, Louisiana, Mississippi,
    Rhode Island and Utah.
  • Monday, February 21, 2011:
    Presidents' Day
    Alabama, Louisiana, Mississippi,
    Rhode Island and Utah.
Compliance Events

    Free Compliance Webinar - 2011 Legal Review
    Date: February 17, 2011.   Time: 1:00 pm - 2:00 pm EST

    Learn about the major laws currently being enforced and proposed legislative changes to the TCPA and TSR that will impact inbound and outbound consumer telephone marketing campaigns in 2011 from leading contact center legal expert, attorney Joe Sanscrainte.

    Register Now:

Compliance Article

    JoePhotoI TOLD You So! The Restore Online Shoppers' Confidence Act
    by Joseph Sanscrainte

    Going back about three years or so, I was providing legal representation to a client that had achieved a certain level of renown in the affiliate marketing space. I had marshaled several of this client's offers through the difficult process of ensuring compliance with FTC mandates, while at the same time enabling such offers to maintain effective sales rates.

    My client came to me at one point to have me review a new payment page associated with these offers, and it was at this time I first heard of something called a "forced upsell." Just the name itself was enough to raise suspicions - when dealing with an online offer, or any offer for that matter, the idea that a sale is being "forced" can't be a good thing. What my client presented me was a payment page where a consumer pays for Product A, and in the fine print somewhere below the fold of the webpage appeared language informing the lucky consumer that he was also going to receive Products B and C from other third-party sellers. (Not only that, Products B and C were monthly continuity programs!)

    I told my client that this wasn't going to pass muster, but my client came back with the same brilliant rejoinder that I hear from my 11-year old daughter - "but everybody ELSE is doing it!" It was at this point that I realized that a major reckoning was brewing - it was only a matter of time before the FTC and/or Congress intervened on behalf of consumers.


2011 ATA

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