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 s 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 3 rd should hire a lawyer”, or “Defendants charged with a 2 nd 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.