Transcript Facebook Custom Audiences Compliance Plan: Ads

Facebook Custom Audiences
Compliance Plan: Ads Targeted to
Defendants
By Charles V. Hardenbergh, Esq.
President, CAMS Marketing
April 15, 2016
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
• Direct Marketing is the most effective method
possible, delivering ads only to people who have an
immediate need for the product you sell.
• Attorneys use this with extremely high response.
• Lawyers use public records to compile lists of
people who need their help, such as victims named
in auto accident reports, drivers with speeding
tickets, and defendants with DUI charges.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
• These lists of prospective clients are used to send
letters to them with educational material and an
offer to get more information.
• Most of these prospective clients have social media
accounts. By placing Ads directly on their news
feeds, a lawyer can communicate immediately and
effectively with those who want more information.
• Defendants also share contact information with
service providers, who are allowed to share it.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
• Facebook is the leading social media site, and allows
advertising to targeted individuals identified by
address.
• In order to maintain a positive user experience,
Facebook has to ensure that ads are not perceived as
overly intrusive or unpleasant
• Their Advertising Policies contain restrictions on certain
types of advertising
• There are also limitations on using identifying data
improperly
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Concerns:
• Ads must avoid the “creepy factor” that can spoil
the user experience if people are targeted too
directly.
• You can imagine the effect of an Ad that says “We
know you are XYZ (charged with stealing, addicted
to cocaine, a prostitute, etc.), and we want to help
with your problem.”
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Facebook policy does not allow Ads with “direct or
indirect assertions or implications about a person’s…
criminal record.”
Facebook policy on “Leads Ads” does not allow Ads to
“ask whether a person has been charged or convicted of
a crime.”
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Facebook policy does not allow Custom Audience
creation with data that has not been obtained lawfully.
Our Data comes from government databases such as Pacer
and State Court servers as well as Legal Service Providers such
as Findlaw and Westlaw. We selected these providers
because of they maintain the highest standards of
compliance. We are confident that all data has been lawfully
obtained and shared with consent. Also, we never contact
defendants via those e-mails or numbers.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Best Practices
• Do not use the words “you” or “your” in relation to
charges or conviction data. Examples would include
“we can help with your charges”, “if you’ve been
charged with”, or “a conviction for your DUI charge
can be avoided.”
• Do approach criminal charges in a subtle way.
Instead of “Don’t let a DUI lead to jail”, use “Lawyer
explains why his client’s DUI doesn’t have to lead to
jail.”
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Best Practices
• Do not use the word “other” in relation to charges or
convictions. Examples would include “How other
defendants in DUI cases won”.
• Rule of Thumb: It’s OK for people in your custom
audience to wonder if you targeted them directly,
but it is NOT OK for them to know that you targeted
them directly.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Best Practices
• Do not use extreme or disturbing language or
images. Keep everything in your Ad PG
• Do provide helpful information. Your Ad must send
prospective clients to high-quality educational
material that will help them make good decisions.
You want to avoid offending anyone who might
complain to Facebook and damage or eliminate your
ability to advertise on the site at all.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Best Practices
• Do not mention sex crimes such as rape,
molestation, possession of illegal pornography,
indecent exposure, public masturbation, incest, etc.
• Do not be overly specific about charges “Why people
charged with speeding 53 in a 35 in Fairfax on
November 3rd should hire a lawyer”, or “Defendants
charged with a 2nd Offense DUI at a 0.13 BAC who
will appear before Judge Smith should know three
things…”.
Facebook Custom Audiences Compliance
Plan: Ads Targeted to Defendants
Best Practices
• Do comply with all state bar rules regarding
advertising to prospective clients.
• Do ensure that all elements of the Ad and any
website that is linked are in compliance with all FTC
and state advertising regulations.
• Do monitor Facebook’s Ad policies for any changes
that might affect the compliance of your Ad. Don’t
put your ability reach clients with Facebook at risk.