What common digital marketing pitfalls lead to costly regulatory fines?

The most frequent—and expensive—mistakes are hidden endorsements, misleading price/“sale” claims, non-compliant email/SMS consents, and sloppy contests/sweepstakes. Add recurring-billing problems (unclear free trials, hard-to-cancel “negative options”) and you have a recipe for complaints and enforcement. Fix the basics: disclose plainly, substantiate claims, capture/ honor channel-specific consent, and publish complete promotion rules with records to prove it.

Why it matters
These errors trigger takedowns, refunds, and reputational hits—often before a formal fine.

Checklist (7 steps)

1. Require #ad-level clarity for endorsements/affiliates.

2. Substantiate all claims; avoid fake “reference prices.”

3. For subscriptions, present material terms up front; make cancel easy.

4. Email = CAN-SPAM; SMS/calls = TCPA; document opt-ins.

5. Promotions: publish official rules; track entries, winners, and odds.

6. For UK/EU, apply PECR/ePrivacy + consent standards.

7. Keep suppression lists and honor opt-outs quickly.

Definitions

• Negative option: Automatically charges unless the consumer cancels.

• Reference price: A strikethrough or “was” price compared to your offer.

Jurisdictions (fast view)

• US: FTC Endorsements & .com Disclosures; CAN-SPAM; TCPA; Guides Against Deceptive Pricing; ROSCA/negative-option rules landscape.

• UK/EU: ASA/CAP for ad claims; PECR/ePrivacy + GDPR for electronic marketing.

Primary sources:

• FTC – Endorsement Guides (Q&A)

• FTC – .com Disclosures

• FTC – Guides Against Deceptive Pricing (16 CFR Part 233)

• FTC – CAN-SPAM Rule/Guide

• FCC – TCPA rule (47 CFR § 64.1200)

• UK ASA/CAP – Testimonials & endorsements

• UK ICO – Electronic mail marketing (PECR)

• EDPB – Consent Guidelines