Law Office of Joseph W. Sanscrainte

 General Corporate

Privacy & Data Security

For any business located within, or marketing to consumers in, the United States, it is of critical importance to understand all state and federal obligations that apply to marketing and advertising practices. Mr. Sanscrainte’s many years of experience in telemarketing, internet, television, print and direct mail marketing practices enable him to cost-effectively oversee his clients’ practices to ensure that they are making proper disclosures in all marketing materials, are registered as appropriate with authorities, and are avoiding statements and practices considered by regulators to be unfair and/or deceptive. Mr. Sanscrainte also has extensive experience in interfacing with regulatory authorities to ensure positive outcomes for his clients.

Mr. Sanscrainte is a member of the American Teleservices Association, and is a regular speaker on marketing compliance issues. Mr. Sanscrainte is also the Chief Editor of Contact Center Compliance's Compliance Guide.


Larger companies have the resources to maintain internal legal departments to handle their legal issues, and/or work with large law firms on an outsourced basis. Smaller companies, on the other hand, sometimes lack the resources, or the need, for a full-time general counsel and legal department – but at the same time find that retaining outside legal services on an ad hoc basis can be time-intensive, costly, and very often results in attorneys who fail to appreciate the unique needs of the company.

Mr. Sanscrainte’s experience as both general and outside counsel enables him to provide, for select clients, a “hybrid” approach for smaller companies’ legal needs. Mr. Sanscrainte can serve as a company’s outside legal coordinator, personally providing services related to marketing/advertising compliance, privacy/data security, contracts and employee issues, while at the same time handling coordination with outside counsel as appropriate based upon the task at hand.
All businesses know that they have to maintain the privacy of the personally identifiable information they collect, but the exact steps and obligations necessary to make this happen are unclear. Most importantly, no one knows what policies and procedures, if any, would act as a “safe harbor” against liability in the event of a data breach – or what such policies and procedures would cost. The result? Most companies have adopted a “wait and see” approach, with piecemeal programs implemented on an ad hoc basis.

Waiting to see if you’re going to have a breach, combined with not being sure whether you’re implementing programs that give you the ability to avoid liability, is a volatile mix. Mr. Sanscrainte has worked with a range of companies – from small businesses to Fortune 100 behemoths – to help them switch from a piecemeal approach to more comprehensive, yet cost-effective, data security processes.


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