So essentially as long as we have a clause at the bottom of the page saying if/which testimonials are fictional, legally we are in the clear?
Dec 1st, FTC (Fuck This Chit)
- Thread starter Roundabout
- Start date
So essentially as long as we have a clause at the bottom of the page saying if/which testimonials are fictional, legally we are in the clear?
I'm not posting any legal advise since I'm not an attorney. From my own experience with TOS,Disclaimers and dealing with "Top Attorneys", is the FTC keeps things vague enough so that they can choose to go after whoever whenever they want. There is no clear definitions. Your attorney can only give you so much protection even if you pay them to review you pages and have them supply you with the correct bottom of the page legal jargin. And this does reach beyond Review sites and flog stuff. Anything you promote online you are put in potential liability.
http://smallbusiness.dnb.com/finance/insurance-liability-insurance/389-1.html
http://smallbusiness.dnb.com/finance/insurance-liability-insurance/389-1.html
http://smallbusiness.dnb.com/finance/insurance-liability-insurance/389-1.html
http://smallbusiness.dnb.com/finance/insurance-liability-insurance/389-1.html
Like he said. I'm not an attorney. All I can tell you is that some high powered attorneys (for both individuals, and networks) have "approved" many flogs/farticles that have the correct disclaimers on them.
You can advertise in a newspaper with a "farticle", advertorial, etc. as long as it says ADVERTISEMENT at the top and has other appropriate disclaimers. Online is really no different ...
You can advertise in a newspaper with a "farticle", advertorial, etc. as long as it says ADVERTISEMENT at the top and has other appropriate disclaimers. Online is really no different ...
We are not the big fish here. This is not an internet law or an affiliate law it's a law about advertising, period.
The one thing I find kind of funny the part about disclosing the "average" results. No advertiser can know what the average result is from their product. If advertising truly did disclose the average results of the product it would be rather funny. I'm pretty sure most diet/exercise products the average result is a gain of weight 6 months from the time you buy it. It will be rather interesting to see how this rule is actually applied.
I really just can't picture Jenny Craig ads on tv with all the women saying "I lost 16 pounds with Jenny Craig" followed by the discloser "On average Jenny Craig customers cancel after 84 days because they gained 5 pounds." And I really can't picture diet advertisers not using testimonial stories.
The one thing I find kind of funny the part about disclosing the "average" results. No advertiser can know what the average result is from their product. If advertising truly did disclose the average results of the product it would be rather funny. I'm pretty sure most diet/exercise products the average result is a gain of weight 6 months from the time you buy it. It will be rather interesting to see how this rule is actually applied.
I really just can't picture Jenny Craig ads on tv with all the women saying "I lost 16 pounds with Jenny Craig" followed by the discloser "On average Jenny Craig customers cancel after 84 days because they gained 5 pounds." And I really can't picture diet advertisers not using testimonial stories.
it all comes down to how many people are complaining against the advertisers or their product. the FTC is going to go after advertisers with lots of complaints about the product being sold. if the advertisers get pressure from the FTC, they are going to say "we didnt make up those stories about our product, it was an affiliate" thats where you will see some affiliates get nailed.
the ftc leaves the guidelines vague so they can do what ever they want to do to companies with complaints.
if a company violates a a guideline, it allows the FTC can do an investigation
once they do an investigation into any of our marketing practices, there is no doubt they will find a violation of a "rule" in their findings.
the ftc leaves the guidelines vague so they can do what ever they want to do to companies with complaints.
if a company violates a a guideline, it allows the FTC can do an investigation
once they do an investigation into any of our marketing practices, there is no doubt they will find a violation of a "rule" in their findings.
But, when 90% of flogs/farticles I see are the EXACT SAME THING, that makes things easy to tell that something is amiss on the testimonial front.
Aren't most of you making these flogs making money from home (or at the very least making money by "posting links" on the internet)? Claim the testimonial is your own and that you use a pen name to cover your identity.
Someone correct me if I'm wrong but that should be ok legally.
Someone correct me if I'm wrong but that should be ok legally.
The FTC is a regulatory agency much like the IRS. They operate under statute and have the right to make rules to enforce the statutes.
US law in general can not be overly vague.
The problem with all of this is the main terms have not even been defined in order to see if you do or do not comply.
For example...
Define "average". Mean? Median? What exactly?
Define "blog". That one can make your head spin. My A2P "blogs" are anything but a blog really - they just happen to use Wordpress.
I highly suspect that a person who was fined could fight this and win. However, you'd spend a shit ton on legal fees because you'd have to go all the way to the SCOTUS. The FTC would just keep appealing if you won at lower levels.
Also - what would happen if purposefully wrote a blog that was promoted as an "ongoing work of fiction" wherein the main characters happen to use the real products/services you are promoting? That one is all kinds of fun.
US law in general can not be overly vague.
The problem with all of this is the main terms have not even been defined in order to see if you do or do not comply.
For example...
Define "average". Mean? Median? What exactly?
Define "blog". That one can make your head spin. My A2P "blogs" are anything but a blog really - they just happen to use Wordpress.
I highly suspect that a person who was fined could fight this and win. However, you'd spend a shit ton on legal fees because you'd have to go all the way to the SCOTUS. The FTC would just keep appealing if you won at lower levels.
Also - what would happen if purposefully wrote a blog that was promoted as an "ongoing work of fiction" wherein the main characters happen to use the real products/services you are promoting? That one is all kinds of fun.
:cool2:
I like it, but if you had any affiliate links under the new rules wouldn't you have to state you are receiving a cut of the sale still?
Sure. Why not disclose it? It's fiction you get paid from - same as Stephen King
I'm in Canada. Should I be worried ?
From what I know if you're advertising to the U.S. its going to be an issue, unless you're from a country that won't cooperate with any U.S. investigations easily... which isn't the case for Canada...
this is what i want to know ...
what if you scraped testimonials for a product your advertising direct from Amazon? these testimonials may be from real people or may not be from real people, but how is the ftc supposed to know if they are real or not?
what if you scraped testimonials for a product your advertising direct from Amazon? these testimonials may be from real people or may not be from real people, but how is the ftc supposed to know if they are real or not?
For any one int'l, if your doing business/trading in the US, yeah they got jurisdiction/rights to come for you.I'm in Canada. Should I be worried ?