Don’t Get Fined. Get Smart: A Founder’s Guide to Marketing Compliance
I’ve worked in some of the most regulated industries out there—finance, healthcare, insurance. And trust me, you don’t want to end up on the wrong side of the SEC or the FTC.
Now, I’m not a lawyer. I’m a marketer. But I’ve seen how messy things can get when compliance gets ignored. And the good news? You don’t need a law degree or a million-dollar legal team to keep your marketing clean. There are simple, smart habits you can build now that’ll save you stress (and money) down the road.
Every business has a different risk tolerance. This guide won’t cover every scenario, but it’ll help you spot the stuff that’s often missed, and decide where you need to tighten things up.
Let’s get into it.
1. Email Marketing: Consent Isn’t Optional
What matters: You need clear, verifiable permission to send marketing emails.
What founders miss:
Buying lists
Pre-checking opt-in boxes
Forgetting an unsubscribe link
What to do:
Use double opt-in
Include a visible unsubscribe button
Honor opt-outs immediately
Know your laws: CAN-SPAM (US), GDPR (EU), CASL (Canada)
Bonus: Clean lists mean better deliverability and stronger engagement.
2. Data Collection: Be Honest and Clear
What matters: You’re responsible for how you collect, store, and use customer data.
What founders miss:
No privacy policy
Collecting more info than needed
Forgetting to disclose third-party trackers (like Meta Pixel)
What to do:
Add a privacy policy to your site
Explain what you're collecting and why
Use a cookie banner if you’re tracking user behavior
Lock down your tools and permissions
If you touch user data, even through tools like Google Analytics or Klaviyo, it’s your responsibility.
3. Children’s Data: Don’t Go There Unless You Know What You’re Doing
What matters: Laws like COPPA prohibit collecting personal info from anyone under 13 without verified parental consent.
What founders miss:
Running giveaways or loyalty programs without age gating
Accepting emails or phone numbers from kids unintentionally
What to do:
Add a required “Are you 13 or older?” field to sign-ups
Avoid marketing to kids unless you’ve cleared it legally
Update your privacy policy to reflect this
Even if your product isn’t for kids, they might still land on your site. Plan for it.
4. Loyalty & Referral Programs: Write the Fine Print
What matters: Incentives are great, but if they’re misleading, they can get you flagged.
What founders miss:
Overpromising rewards
Not disclosing terms
Forgetting to report referral income (yes, that’s a thing)
What to do:
Draft simple, clear T&Cs and link them wherever you promote the program
Be specific about how points, credits, or discounts work
Avoid language like “free forever” unless it’s literally true
You don’t need legalese—just clarity.
5. Advertising: Claims Need Receipts
What matters: If you say it, you have to be able to prove it.
What founders miss:
Using stats or rankings without sources
Making “guaranteed” or “best” claims without backup
What to do:
Keep documentation for any claims (surveys, case studies, benchmarks)
Use subjective phrases like “our favorite” instead of “#1” unless you can defend it
In regulated industries, route claims through legal or compliance first
If your ad makes people go, “Really?” have the receipts ready.
6. Social Media: Memes, Music, and IP Can Get You Sued
What matters: Just because it’s trending doesn’t mean it’s legal (it’s also lazy marketing IMO).
What founders miss:
Using viral audio in paid ads
Reposting memes with logos or branded overlays
Sharing user content without permission
What to do:
For paid ads, only use licensed or royalty-free music
Don’t assume you can use a meme just because it’s everywhere
Always get explicit permission before reposting UGC (user-generated content)
Tagging the original creator isn’t enough
Tools like Canva Pro, TikTok Commercial Music Library, and Pexels can help you stay compliant and creative.
This Isn’t Just Legal Stuff. It’s How You Avoid Costly Distractions.
You don’t need to lawyer-proof every tweet. But you do need to think a few steps ahead.
The brands that grow smoothly are the ones that start with the right guardrails in place. The ones that have to pause everything for a privacy audit or a takedown request? Not so fun.
This is about protecting your business, your audience, and your momentum. So while I can’t give you legal advice (again—not a lawyer), I can help you build a marketing engine that doesn’t blow up later.
When in doubt, keep it clean. Or at least know when you’re breaking the rules on purpose.
