Marketing that performs
and doesn't get you sued
Regulated industries face a compliance environment that grows more complex and more aggressively enforced every year. Impaxium evaluates your marketing programs against HIPAA, FTC, TCPA, CAN-SPAM, FDIC, cookie law, and opt-in requirements — and tells you exactly where your exposure is before a regulator does.
Every major compliance framework your marketing touches
Most compliance programs look at legal documents. We look at your actual marketing stack — the pixels, the opt-in forms, the email sequences, the tracking setup, the ad platforms — and evaluate what's happening on the ground against what each regulation actually requires.
HIPAA & PHI
Standard marketing pixels — Meta Pixel, Google Analytics, Google Ads — transmit protected health information to third parties without consent when placed on healthcare websites. Over $100M in penalties since 2023. We audit your tracking stack for PHI exposure, identify tools requiring Business Associate Agreements, and implement server-side architectures that maintain conversion measurement while eliminating the leakage.
FTC Act & Advertising Rules
Section 5 of the FTC Act prohibits unfair or deceptive acts in all marketing. The FTC's updated Endorsement Guides, pixel tracking enforcement under the Health Breach Notification Rule, and advertising claim substantiation requirements create exposure well beyond healthcare. We review your claims, disclosure practices, and data-sharing arrangements for FTC risk.
TCPA
The Telephone Consumer Protection Act requires prior express written consent before marketing texts and autodialed calls. TCPA class actions are among the highest-risk areas in marketing — $500 to $1,500 per illegal contact, not per campaign. The FCC's consent revocation rules took effect April 2025. We audit your opt-in flows, consent language, and list acquisition practices.
CAN-SPAM
Commercial email requires accurate headers, non-deceptive subject lines, physical postal address, and a functioning opt-out honored within 10 business days. The per-violation penalty applies to every non-compliant email. Affiliate and partner emails sent on your behalf create liability you may not be tracking. We review your email program and vendor relationships for compliance.
FDIC & UDAAP
FDIC Part 328 advertising rules — updated with digital compliance dates through 2025–2026 — require proper FDIC membership disclosure and clear differentiation between deposit and non-deposit products on websites, apps, and landing pages. CFPB UDAAP authority creates additional exposure for misleading rate, fee, or product claims. We review financial marketing against both frameworks.
Cookies, Pixels & Consent
The FTC pursues companies under the FTC Act when data collection practices exceed what privacy policies disclose. Washington's My Health My Data Act has a private right of action and applies to any company collecting health-linkable data — HIPAA status irrelevant. Standard GA4 and Meta Pixel implementations on sensitive-category sites routinely create exposure. We evaluate your pixel stack, consent mechanisms, and policy alignment.
Registration & Opt-In Compliance
The language and flow of your registration forms determines your legal basis for every subsequent marketing communication. Vague or bundled consent, pre-checked boxes, and third-party lead sources whose consent language doesn't hold up under scrutiny create TCPA, CAN-SPAM, and state law exposure. We review your opt-in flows and list acquisition practices against current requirements.
FTC Health Breach Notification Rule
Companies handling personal health records — including apps and websites that aren't HIPAA-covered entities — must notify consumers and the FTC when health data is disclosed without authorization. The FTC has pursued GoodRx ($1.5M), BetterHelp ($7.8M), and Premom for transmitting health data to advertising platforms via tracking pixels. HIPAA exemption does not mean FTC exemption.
State Privacy Laws
Washington's My Health My Data Act has a private right of action and no HIPAA safe harbor. California's CPRA extends sensitive data protections beyond the CCPA. Multiple states have enacted data privacy frameworks with varying consent, minimization, and deletion requirements. For companies marketing across state lines, federal analysis alone is insufficient. We assess your state-law exposure based on where your customers are located.
Audit → Advise → Implement → Monitor
Compliance advice is only useful if it's grounded in how your marketing actually works — not how your privacy policy says it works. We start with your real stack and work forward.
Audit your actual stack
We evaluate the pixels, tags, opt-in flows, email programs, SMS campaigns, and ad platform configurations in place today — not what the documentation says. We identify every point where regulated data is collected, transmitted, or processed.
Plain-English risk assessment
A clear, prioritized view of what's at risk and what the realistic exposure looks like — without legal overstatement. We tell you which issues require legal counsel and which are operational fixes you can implement directly.
Fix it in the actual tools
We work at the implementation level — server-side tracking configurations, consent management setup, opt-in language, form flows, BAA identification, and policy alignment. Recommendations that can be implemented, not just documented.
Monitor as rules change
New FTC enforcement actions, FDIC rule updates, state law expansions, and platform policy changes create new exposure continuously. We keep your compliance posture current as the environment evolves.
Regulated industries where the stakes are highest
Healthcare & behavioral health
Hospital systems, telehealth platforms, behavioral health providers, fertility clinics, and medical practices using digital advertising face HIPAA exposure from standard tracking tools. If you're running Google Ads, Meta Pixel, or GA4 on pages where patients provide or view health information, you have exposure that needs to be addressed.
- Tracking pixel PHI audit
- Server-side conversion setup
- BAA identification and execution
- Patient portal & scheduling page review
Financial services & insurance
Banks, credit unions, mortgage companies, insurance carriers, and fintechs face FDIC advertising rules, CFPB UDAAP exposure, and TCPA risk from lead generation and outbound marketing. The FDIC's updated digital advertising rule took full effect in 2025, and financial marketers routinely purchase leads whose consent language doesn't hold up under scrutiny.
- FDIC advertising disclosure review
- UDAAP claims analysis
- Lead vendor consent audit
- Email and SMS compliance review
Lead generation & performance marketing
Lead generation companies, affiliate marketers, and publishers face TCPA exposure from consent flows that don't satisfy current requirements, and FTC exposure from performance claims and data handling practices. Lead buyers face liability for the consent practices of their lead sources.
- Opt-in form consent audit
- Lead source due diligence
- TCPA consent language review
- Contact protocol and suppression list review
Private equity portfolio companies
PE-owned companies in regulated verticals carry marketing compliance risk that surfaces in exit due diligence at exactly the wrong moment. A healthcare portfolio company with a broken pixel stack or a financial services company with UDAAP exposure represents the kind of risk that gets discovered by buyers, not fixed before the sale. Part of our PE advisory practice covers this systematically.
- Pre-acquisition compliance diligence
- Portfolio-wide exposure assessment
- Compliance remediation oversight
- Exit-readiness review
Know where your exposure is before enforcement does
A compliance review starts with your actual marketing stack — pixels, opt-in flows, email programs, ad platforms — and gives you a clear, prioritized view of what's at risk and what to fix first.