Digital Marketing is becoming Hyper-Regulated and High-Risk
Beginning in 2021, three triggering events have operated in tandem
resulting in Digital Marketing becoming Hyper-Regulated
and High Risk.
1. Accelerated FTC RuleMaking. After the U.S. Supreme Court ruled in 2021 that the FTC did not have the authority to levy fines under Section 13(b) of the FTC Act, the FTC has reacted aggressively with fast-tracked Rulemaking, updating existing Rules and proposing new Rules that are significantly more restrictive and burdensome... for purposes of levying fines. Rules define specific practices that are per se violations of the FTC Act (the FTC doesn't have to prove that the violation is deceptive to levy fines).
2. Ad Claim Granularity (a/k/a Hair Splitting). Continuing a trend that started in 2009, the FTC began to apply a more granular analysis for the net impression of ad claims by increasing the weight given to related implied claims and context, resulting in the increasing requirement for adding qualification statements to avoid enforcement actions for misleading claims. The combination of the new Rules and related ad claims is significantly raising the bar for substantiation compliance.
3. ChatGPT and Generative AI. In 2023, ChatGPT and Generative AI began to offer new marketing opportunities; however, the FTC has already begun weighing in regarding future regulations for the use and integration of AI in products and online services.
The result: the new hyper-regulation and resulting high-risk is fundamentally changing how digital marketers and agencies operate their businesses. Outdated digital marketing compliance strategies and tactics won't work anymore.
I am the eCommerce and Digital Marketing Attorney to help you navigate the New Risks timely and with confidence
Working Directly With You.
For You.
For Your Business.
No attorneys-by-committee. You'll be working only with me, not another attorney.
I understand just how important navigating numerous, complicated, and confusing digital marketing compliance regulations can be to you and your business.
I will help you be compliant... without your sales taking a hit.
I refuse to believe in the myth that marketing compliance is like a "zero-sum game" (the myth that digital marketing compliance always costs a corresponding amount of sales).
You deserve peace of mind knowing you can be compliant and profitable.
Chip Cooper, eCommerce Attorney
I'll work tirelessly for you and your eCommerce business.
An eCommerce and Digital Marketing Attorney You Can Rely On
Creative Tactics
I'm devoted to developing
customized compliance tactics
for digital marketing compliance.
I'll create a digital marketing compliance
Playbook that fits you, and your
business's specific needs.
I'll work tirelessly to help you avoid new digital marketing
compliance pitfalls you may not even be aware of.
Reliable Service
I work to always be accessible to clients and proactive with legal services.
BOOK A COMPLIMENTARY CALL TODAY, and let's discuss how we can help you improve your present risk profile.
"In our hyper-regulated digital marketplace, there's no eCommerce attorney I recommend more than Chip Cooper."
Teddy Garcia
Digital Marketing Entrepreneur & Corporate CTO
With my breadth of experience, I can help.
Adjunct Professor of Law 20 years
Martindale-Hubbells' Highest
Attorney Peer Rating
CEO & Co-Founder
"The great thing about working with Chip is his deep expertise as an eCommerce attorney, coupled with his ability to talk in simplified, plain language while still covering the legal pitfalls for digital marketing compliance."
Robert McMillian
Director of Data Integrity Georgia State University
3 Ways We Can Work Together:
Your Customized Digital Marketing Compliance Playbook (A Trusted Tactical Plan You Can Rely On)
Back in the day, hit-or-miss and uncoordinated digital marketing compliance tactics may have worked well in some circumstances. Not so, in today's hyper-regulated digital marketplace.
Most of these old tactics no longer work, and they'll get you into hot water today.
Example: make over-the-top earnings claims on your sales page, but add an earnings disclaimer that completely contradicts these earnings claims.
Example: publish "success story" testimonials without a generally expected results disclosure
To begin, I'll provide an initial compliance assessment.
After the initial assessment, there are 2 basic approaches for my assistance.
1. The Macro Approach ("30,000 Foot View"). There may be some general, overall opportunities for the elimination of unnecessary marketing compliance risk. I can recommend a few strategic changes that can have a significant strategic impact on reducing your digital marketing compliance risk.
2. The Micro Approach. I'll review your promotional massaging on a granular basis for marketing compliance pitfalls, traps, and gotchas: sales pages, sales webinars, testimonials, customer reviews, social media posts, subscription offers for recurring revenue (Auto-Renew offers), disclosures for money-making opportunities ("Biz Ops"), privacy policy updates, just to name a few. Based on my review, I'll create your customized digital marketing compliance tactics Playbook that will provide specific, granular recommendations for digital marketing compliance updates you need to protect your business and personal assets.
I can help you grow your business with confidence with your customized Playbook of simplified and reliable digital marketing compliance tactics.
More Information: Marketing Compliance
Website Platform/eCommerce Legal Documents
Websites, portals, and online marketplaces require Terms of Use, Privacy Policy, and Terms & Conditions (Click) for the use of your service. Additional documents may include disclaimers, disclosures, subscription (auto-renew plans) offer disclosures and notices, generally expected results disclosures, DMCA disclosures, testimonial and endorsement disclosures, data security policy, incident response plan, and accessibility statement. eCommerce Marketplaces also require General Terms and specific terms for Sellers and Buyers.
I can help by recommending the best mix of carefully worded eCommerce and digital marketing compliance documents for on-time delivery, plus implementation guidance.
More Information: Website Documents
A SaaS Agreement That Helps You Streamline Negotiations & Close Deals Efficiently
Your SaaS agreement should cover the essential points.
* Data Security,
* Service Level Agreement SLA),
* Intellectual property rights,
* Liability and indemnification,
* Pricing and payment terms.
But what if it doesn't convert well?
What if you get bogged down in protracted negotiations with a SaaS agreement that should be relatively straightforward?
If these challenges are familiar, you need a SaaS agreement plus a negotiating strategy that fits your business and your target market.
It will help streamline your negotiation process and eliminate issues that cost you time and money.
More Information: SaaS Agreements
"I keep Chip on 'Speed Dial' for Digital Marketing Compliance. Personally, I would not use any other eCommerce attorney."
Stefanie Hartman
International TV Host / Marketing and Revenue "Fixer" to the Stars
3 Steps To See If We're a Good Fit:
- Download my "3 Compliance Lanes" Infographic. It'll help you visualize digital marketing compliance in terms of your compliance risk. It may provoke questions about new possibilities.
- If you would like a Quick Chat to see how it may help you become more confident with your approach to digital marketing compliance, Book a Call. If not, that's OK.
- Q&A. On the call, I'll answer your questions. I'll help you understand that digital marketing compliance isn't binary. You may have new possibilities, options, and approaches for marketing compliance.
2-Minute Digital Marketing Compliance Email
This is not a newsletter.
You should be able to read my 2-minute email in 2 minutes or less.
If each week or so, you'd like alerts, tips, insights, strategies, and tactics
you can digest quickly and use,
written in a straightforward, conversational way
to help you navigate the new marketing compliance risks,
this is for you.
