Published: 2026-09-10 — Ari
Marketing Law Compliance Checklist for Founders
Marketing law isn't a single regulation — it's a stack of overlapping rules from the FTC, FCC, state attorneys general, and platform policies. Most founders don't have a lawyer on retainer to review every campaign, so the next best thing is a checklist that catches the most common violations before content goes live.
FTC truth-in-advertising requirements
- Every objective claim is substantiated before the ad runs — not after
- Testimonials and endorsements reflect typical results or include a disclaimer about typical results
- Material connections between your business and anyone endorsing your product are clearly disclosed
- Free offers have all conditions clearly stated upfront, not in fine print
- Before-and-after images are representative and not digitally altered in misleading ways
- Price claims are accurate and any conditions for the price are clearly stated
Email marketing: CAN-SPAM compliance
- Every commercial email includes your physical mailing address
- The From name and subject line accurately identify who you are and what the email is about
- Opt-out requests are honored within 10 business days
- Your unsubscribe mechanism works and doesn't require more than a single step
- Transactional and relationship messages are not disguised as commercial emails to avoid CAN-SPAM
- For Canadian recipients: CASL requires affirmative opt-in consent, not opt-out
Social media and influencer marketing
- Paid partnerships, gifted products, and affiliate relationships are disclosed in every post
- Disclosures appear at the beginning of captions, not buried at the end
- Video content includes verbal or on-screen disclosure, not just a buried caption disclosure
- Platform-specific disclosure requirements are met in addition to FTC requirements
- Influencer contracts include compliance clauses and require approved disclosure language
Privacy and data collection
- Your privacy policy accurately describes what data you collect and how you use it
- If you sell or share consumer data, that is clearly disclosed in your privacy policy
- California residents are given CCPA rights if you meet the thresholds for compliance
- Cookie consent banners are in place if you serve EU/UK users (GDPR)
- Lead magnets and forms only collect data you actually need and use
Promotions, sweepstakes, and contests
- Official rules are in place before any promotion goes live
- No purchase necessary alternatives are provided where required
- Prize descriptions are accurate and prizes are actually awarded as described
- State registration requirements are checked — New York and Florida have specific rules for large prize pools
- Social media platform-specific promotion rules are followed (each platform has its own)
Before any campaign goes live: the final check
Run through these questions before launching any new marketing campaign: Is every claim in this campaign substantiated? Have all material connections been disclosed? Does the campaign comply with the specific regulations for its channel? Has anyone with legal or compliance knowledge reviewed the claims?
The cost of a compliance review before launch is always lower than the cost of enforcement, corrections, or litigation after. For campaigns with significant budget or broad distribution, a legal review is worth the investment.