Staying Legal (and Likable!) in Marketing: A Guide for Commercial Contractors

Marketing is key to growing your business, but when it comes to staying compliant, things can get tricky. From cookie pop-ups to email rules, there’s a lot to keep track of. The good news? It doesn’t have to feel like wading through legal quicksand.

This guide lays out the basics in plain language so you can market confidently, avoid expensive mistakes, and show your customers you care about doing things the right way.

Cookies and Your Website: What You Need to Know

Cookies are little bits of data that websites send to your browser. Cookies help make your website work better for visitors, but they also come with rules you need to follow.

Why Do Websites Use Cookies?

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  Personalization: Remember user preferences (like language settings).
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  Analytics: Track what visitors do on your site so you can improve their experience.
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  Marketing: Show people ads based on what they’ve browsed.

The Legal Stuff

While there’s no nationwide cookie law in the U.S., states like California and Virginia have rules you need to follow. Under laws like the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (CDPA), cookies count as personal information.

Here’s what that means for you:

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  CCPA: You need to tell people your site uses cookies and explain why.
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  CDPA: Give visitors the option to say “no thanks” to cookies, especially for targeted ads.

Your Cookie Compliance Checklist

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  Be Transparent: Let visitors know your site uses cookies.
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  Spell It Out: Explain what data you collect and how you use it.
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  Offer Choices: Make it easy for people to opt out of targeted advertising.
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  Update Your Privacy Policy: Keep it current and include your cookie practices.
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  Check State Laws: Make sure you’re covered wherever your customers are.

Email Marketing and the CAN-SPAM Act

The CAN-SPAM Act is here to make sure your emails don’t land you in hot water.

What’s the CAN-SPAM Act?

This federal law lays out the do’s and don’ts for email marketing. It gives people the power to opt out of unwanted emails and sets basic rules for businesses to follow.

The Rules in Plain English

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  Don’t Lie About Who You Are: Your “From” and “Reply-To” fields need to match your business.
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  Be Honest About What’s Inside: Make your subject lines clear and truthful.
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  Mark It as an Ad: Unless someone gave you permission, let them know it’s a promo email.
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  Share Your Address: Add your physical or P.O. Box address to every email.
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  Give People a Way Out: Include an unsubscribe link that actually works.
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  Respect Unsubscribes: Take people off your list within 10 business days—no exceptions.
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  Watch Your Partners: If you hire someone to do your email marketing, you’re still on the hook if they break the rules.

What Happens if You Don’t?

Breaking these rules could cost you up to $51,744 per email (yes, per email). Plus, both you and anyone you hire could face legal action.

Your Email Compliance Checklist

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  Double-Check Your “From” Info: Make sure it’s accurate.
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  Keep Subject Lines Honest: No clickbait here.
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  Say It’s an Ad: When it is, of course.
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  Add Your Address: Every email, no excuses.
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  Make Unsubscribing Easy: No hoops to jump through.
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  Handle Opt-Outs Fast: Within 10 business days.
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  Vet Your Vendors: If you outsource, make sure they’re following the rules too.

A Few More Things to Watch

Privacy Policies

Be clear about how you collect, use, and protect your customers’ information. Update your privacy policy whenever your practices change.

Phone and Text Marketing

If you’re calling or texting customers, you need their written permission first. The Telephone Consumer Protection Act (TCPA) makes sure of that.

Website Accessibility

Your website should be usable for everyone, including people with disabilities. Following the Web Content Accessibility Guidelines (WCAG) is a great start.

Intellectual Property

Only use images, music, or content you’ve paid for or have the rights to use. Don’t cut corners here—it’s not worth the risk.

State-Specific Laws

Some states have extra rules for marketing, so make sure you’re up to date on the ones that matter to your business.

How to Stay on the Safe Side

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  Talk to a Lawyer: They can help you stay fully compliant.
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  Keep Learning: Regulations change, so check for updates regularly.
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  Train Your Team: Make sure everyone on your team knows the basics of compliance.

By following these tips, you can market your business without the stress of wondering if you’re breaking the rules. Staying compliant isn’t just about avoiding fines—it’s about building trust with your customers and showing them you’ve got their back.