In addition to spanning geographies and jurisdictions, today’s digital ecosystem is increasingly the focus of regulators who are highly sensitive to the complex issues surrounding online behavioral marketing campaigns and other modern uses of consumer data.
McDermott lawyers work hand-in-hand with client companies to analyze existing consumer data marketing strategies and develop new approaches — ranging from compliant consent or opt-out processes to targeted digital consumer marketing initiatives — that help them achieve core business objectives. We also advise in-house counsel and privacy officers on how to avoid or minimize regulatory scrutiny and alleviate consumer concerns over the collection, processing and storage of data.
Among other activities that may trigger consumer-protection laws in various jurisdictions, we provide counsel on telemarketing, text messaging, email marketing and promotions, and social media. In particular, McDermott lawyers advise clients on the following:
- Compliance with the Telephone Consumer Protection Act requirements for telemarketing and text communications
- Compliance with CAN-SPAM requirements to ensure consumer-sensitive approaches to email marketing and promotions
- Development of processes for managing consumer data in data-driven businesses
- Assessment of data collection practices and procedures, including for merchants at point of sale using credit and debit cards
- Review and updating online and web data collection practices and protocols