Building a Marketing Communications Compliance Program: A Practitioner's Guide to Consent Capture, Suppression, Vendors, and Litigation Defense
By Casey Scott McKay ·
This guide builds a messaging compliance program from an unaudited marketing list to one that can be defended, and it is written for the lawyer who will have to explain the exposure to a board. It starts with the provenance audit that prices the problem, then specifies the consent screen and the consent record schema in terms engineering can implement. It covers the global suppression architecture that prevents the easiest violations to prove, the do-not-call program most companies do not have, and the lead vendor diligence that substitutes evidence for indemnity. It works the re-permissioning campaign that retires unknown-provenance numbers, the template governance that stops transactional messages becoming marketing, and the litigation sequence when a demand letter arrives. It closes with the annual audit and the metrics that keep the program honest.
IP and Technology > Privacy Data Security | Guide | Published 24 March 2024 - Updated 26 September 2024 | Casey Scott McKay - marksy.us
Summary. This guide builds a messaging compliance program from an unaudited marketing list to one that can be defended, and it is written for the lawyer who will have to explain the exposure to a board. It starts with the provenance audit that prices the problem, then specifies the consent screen and the consent record schema in terms engineering can implement. It covers the global suppression architecture that prevents the easiest violations to prove, the do-not-call program most companies do not have, and the lead vendor diligence that substitutes evidence for indemnity. It works the re-permissioning campaign that retires unknown-provenance numbers, the template governance that stops transactional messages becoming marketing, and the litigation sequence when a demand letter arrives. It closes with the annual audit and the metrics that keep the program honest.
Keywords: consent capture design · prior express written consent · consent record schema · rendering archive · global suppression list · revocation propagation · do not call program · registry scrubbing · internal list maintenance · lead vendor diligence · evidence obligations · vicarious liability · template governance · transactional versus commercial · state telephone solicitation statutes · exposure modeling · re-permissioning campaign · litigation hold · class certification defense · annual audit
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