📅 2026 Update: Key Changes in Marketing Software Regulations

Since the original article on marketing software was published, several important changes have taken place in the landscape of digital marketing. These updates involve new regulations, costs, and compliance requirements that affect businesses using marketing software. The earlier article continues further down the page and provides foundational information on this topic.

🌐 FTC Updates on Digital Advertising

In 2024, the Federal Trade Commission updated its guidelines for digital advertising. These changes aim to improve transparency in online ads by requiring businesses to provide clearer disclosures for sponsored content. This means that companies must be more upfront about paid promotions, which can impact how they design and manage their marketing strategies.

💰 State-Level Sales Tax on Digital Advertising

Starting January 2025, several states, including New York and Illinois, began applying sales tax to digital advertising services. This new taxation can significantly affect how businesses budget for their online marketing campaigns. Companies need to factor in these additional costs when planning their advertising expenditures.

🤖 AI in Marketing Regulations

In 2026, the U.S. Department of Commerce introduced guidelines for the ethical use of artificial intelligence in marketing. These guidelines focus on consumer privacy and data protection.

Businesses using AI tools must ensure their marketing practices comply with these regulations to build trust with their audience.

📄 Compliance Requirements

Businesses must take several steps to comply with new regulations. For FTC advertising claims, companies need to submit an "Advertising Review Request" form. Additionally, those utilizing AI in their marketing efforts must submit an "AI Ethics Compliance Declaration" to demonstrate adherence to ethical standards.

📌 Key Points

  • 🌟 FTC requires clearer disclosures for digital ads.
  • 🏷️ Sales tax applies to digital advertising in several states.
  • 🔒 New guidelines for ethical AI use in marketing stress consumer privacy.
  • 📄 Compliance forms are required for advertising and AI practices.

💡 Tips for Navigating Marketing Regulations

Review the details of your situation with your attorney.

📈 Understand New FTC Guidelines

Stay informed about the FTC’s updated guidelines on digital advertising. Clear disclosures are now mandatory, so ensure all marketing materials comply to avoid potential penalties.

🏷️ Prepare for Sales Tax

If your business operates in states with sales tax on digital advertising, prepare to register with state tax authorities. This registration should occur before beginning any advertising services to avoid compliance issues.

📊 Budget for Increased Costs

With the introduction of sales tax on digital advertising, adjust your marketing budget accordingly. This will help you remain competitive while ensuring you meet compliance requirements.

🔍 Familiarize Yourself with AI Ethics

If your business uses AI in marketing, educate yourself about the new ethical guidelines. Ensure your practices align with these standards to protect consumer data and privacy.

📅 Keep Track of Compliance Deadlines

Businesses must submit various compliance documents by specific deadlines. Monitor these dates to ensure your business remains compliant with FTC and Department of Commerce regulations.

🏆 Marketing Software Ranked by User Reviews (2026)

This section highlights marketing services that fit the topic of using marketing software. The following services have been ranked based on Trustpilot data as of October 2026. Keep in mind that scores can change over time, and star ratings may not tell the full story, as unhappy customers often leave more reviews.

🥇 1. Cleverly

Cleverly has been rated 4.5 on Trustpilot. This B2B marketing agency is known for its lead generation services that help businesses connect with potential clients. However, some reviewers mention occasional campaign underperformance, so it’s important to set realistic expectations when using its services.

🥈 2. Semrush

Semrush holds a Trustpilot score of 1.5. It is recognized for its SEO tools and online marketing software. Despite its popularity, many reviewers express dissatisfaction with the service, reflecting a low TrustScore.

Businesses should weigh the pros and cons before deciding to use Semrush.

🆓 Government and Nonprofit Resources

Several free resources can assist businesses in navigating marketing regulations. The FTC offers free guidance on advertising practices, while the Small Business Administration (SBA) provides workshops to enhance marketing strategies. Additionally, SCORE offers free mentoring services focused on marketing advice for small business owners.

🔎 What to Compare When Choosing Marketing Services

  • 📊 Trustpilot ratings and review counts.
  • 🔍 Types of marketing services offered.
  • 💸 Cost and pricing structures.
  • 📝 Customer feedback and experiences.
  • ⚖️ Compliance with advertising regulations.

❓ Frequently Asked Questions

❓ What are the key changes to FTC guidelines?

The FTC's updated guidelines enhance transparency in digital advertising by requiring clearer disclosures for sponsored content. Businesses must ensure compliance to avoid penalties.

📅 How do I register for state sales tax?

Businesses offering digital advertising services must complete a "Sales Tax Registration" form with state tax authorities. Registration should occur before initiating any advertising services.

🔒 What should I include in an AI Ethics Compliance Declaration?

The AI Ethics Compliance Declaration should detail how your business adheres to ethical standards regarding consumer privacy and data protection in AI marketing practices.

💼 Are there any costs associated with FTC advertising claims?

Yes, as of October 2026, the FTC charges a filing fee of $200 for businesses submitting advertising claims for review.

📞 Where can I find free marketing resources?

The FTC provides free resources for businesses, and the SBA offers workshops on effective marketing strategies. SCORE also provides free mentoring for small business owners.

📈 How can I adjust my marketing budget for new taxes?

With the implementation of sales tax on digital advertising, businesses should review and adjust their marketing budgets to account for the increased costs associated with these new taxes.

⚖️ Recent Cases Related to Marketing Regulations

Recent court rulings have focused on compliance with advertising guidelines and digital marketing regulations. These cases illustrate the importance of understanding the legal landscape for businesses operating in this space.

Explore more recent rulings in the news section by clicking more rulings on the news page.

End of October 2026 Update





Marketing software is the available computer programs that allows you to bring certain marketing strategies with the internet.  Marketing software can be used in numerous ways, including e-mail marketing, on-line surveys, event registration, and on-line sweepstakes.  Most marketing software use legitimate forms of advertising, however you must always be aware of illegal or unethical software that use e-mail bombing, spamming, or even spy-ware.  You do not want your business name attached to such forms of adversing, as it will create a negative image for your clients.   



Using Marketing Software

How to use Marketing Software in your plan



1. Identify your business strengths and your client base

Before determining how you will use marketing software and what type of software you should purchase, you must identify what products and services you want to bring to your clients attention.  You must also consider your client base.  Ask yourself, do your clients spend their time on computers checking their email or do they spend the majority of their work time disconnected?  Should you try to reach your clients at their personal email or while they are not working, or should you only contact them while they are on the job?  



2. Consider your budget

All different types of marketing software is available for businesses however their costs can vary greatly depending on how technical they are.  Of course, the better quality marketing software will cost significantly more than the less technical versions.  The most basic email programs may cost you a few hundred dollars a month while the more technical software can cost tens of thousands of dollars per month. You must determine your available marketing budget before you can even consider developing your marketing plan using marketing software.  



3. Develop your marketing plan while considering what Marketing Software is appropriate

The marketing software that you choose must fit in with your entire marketing plans for your business.  Marketing software should not define your overall plan, instead you should work the marketing software into an overall marketing plan.  Make sure you understand what your chosen marketing software can do and what it cannot accomplish.  Many marketing software companies will tailor their software to your needs, so you may need to work with these companies to develop custom marketing software for your business.  



4. Monitoring your Marketing Software

Once your overall marketing plan is in place and your chosen marketing software is being utilized, you must monitor how successful the software is.  Many types of marketing software will provide you with data about your marketing, so it is important that you use this data in determining whether the software is working as you had planned or if you need to change it.  Working with marketing software companies is one of the best ways to ensure that the software is working as efficiently as possible, however this may not be a possibility for small businesses that do not have the budget to do so.