Dec 1st, FTC (Fuck This Chit)



I'm surprised nobody has thought of this one yet:

For diet offers that allow incentivized traffic, pay people for their testimonial. Use testimonials to start a blog for PPC/PPV etc, and then just put the "Paid Endorsement" in the disclaimer, and censor their identity in some way (stating this in the disclaimer too, for privacy. Probably just hiding a last name or changing a last name). Congratulations, you have a real testimonial. If your paid testimonial lies to you I don't believe it's your responsibility.
 
I have been reading quite a bit into this whole case. (Note the username.)

...There's a lot of conflicting views around. In my opinion what will happen is exactly what has happened in the past. But maybe they'll be a little more aggressive for a few months.

There was a post here, not so long ago, about a guy running a pretty legit business that got complained about to the BBB. Something went down and he sued the BBB and yada yada yada the FTC takes him down hard. (Even though only three complaints were ever made about him.)

This isn't a really uncommon scenario and unfortunately it isn't fair either. I would suggest, for anyone running big traffic to their landing pages, to keep a close eye on complaints on the big scam boards where people report being "scammed".

If you notice an increasing amount of people complaining simply change over your domain and delete your old one if possible. The FTC has admitted to being very understaffed and underfunded. They simply don't have the resources to go after everybody. (And they won't.)

They'll pick some of the more publicized guys. If beckysweightloss was on TV they might go after that - all in an attempt to appear to be doing a good job.

I'd also bet that they'd go after the easier targets. This may be why less affiliates get nailed and more networks/advertisers do. If they can easily track down an address from where a certain company does business it's a much easier target than getting some affiliate who hides everything and has little obvious ties to being within the US.

...For the time being I do not see them going after anyone overseas. Canada is drafting a similar law but any Canadian here will know it's gonna be a complete joke and won't affect anything. For those in Europe, excluding the UK, I would not worry too much about the FTC.

They could come out swinging but in all honesty it seems as though they simply can't and it'll probably be like that time at Disney World where you get so pumped up to go on that one ride and then you go, "What was that shit?:("

In terms of the fine, I thought it was 10k, but others are saying now it's 16k? Not sure. Doesn't matter still, like TacoX pointed out earlier, it's a speeding ticket to those who will be "caught". (Assuming they don't charge more per page - which is another vague "guideline".)

I haven't seen anyone address what you brought up about the warning. According to their "revised" guidelines you will be warned before being fined. Technically this is what their supposed to do but, as the previous thread about the guy who got his biz shot down says, he was not asked to stop doing what he was doing. He just got shut down.

Hope this helps a little.
 
  • Like
Reactions: m0rtal and volknet
I have been reading quite a bit into this whole case. (Note the username.)

...There's a lot of conflicting views around. In my opinion what will happen is exactly what has happened in the past. But maybe they'll be a little more aggressive for a few months.

There was a post here, not so long ago, about a guy running a pretty legit business that got complained about to the BBB. Something went down and he sued the BBB and yada yada yada the FTC takes him down hard. (Even though only three complaints were ever made about him.)

This isn't a really uncommon scenario and unfortunately it isn't fair either. I would suggest, for anyone running big traffic to their landing pages, to keep a close eye on complaints on the big scam boards where people report being "scammed".

If you notice an increasing amount of people complaining simply change over your domain and delete your old one if possible. The FTC has admitted to being very understaffed and underfunded. They simply don't have the resources to go after everybody. (And they won't.)

They'll pick some of the more publicized guys. If beckysweightloss was on TV they might go after that - all in an attempt to appear to be doing a good job.

I'd also bet that they'd go after the easier targets. This may be why less affiliates get nailed and more networks/advertisers do. If they can easily track down an address from where a certain company does business it's a much easier target than getting some affiliate who hides everything and has little obvious ties to being within the US.

...For the time being I do not see them going after anyone overseas. Canada is drafting a similar law but any Canadian here will know it's gonna be a complete joke and won't affect anything. For those in Europe, excluding the UK, I would not worry too much about the FTC.

They could come out swinging but in all honesty it seems as though they simply can't and it'll probably be like that time at Disney World where you get so pumped up to go on that one ride and then you go, "What was that shit?:("

In terms of the fine, I thought it was 10k, but others are saying now it's 16k? Not sure. Doesn't matter still, like TacoX pointed out earlier, it's a speeding ticket to those who will be "caught". (Assuming they don't charge more per page - which is another vague "guideline".)

I haven't seen anyone address what you brought up about the warning. According to their "revised" guidelines you will be warned before being fined. Technically this is what their supposed to do but, as the previous thread about the guy who got his biz shot down says, he was not asked to stop doing what he was doing. He just got shut down.

Hope this helps a little.
+rep on recharge
 
the billing and cancellation hoops is pissing people off far more than anything else, I'd expect the 'make an example' to be a hard hit on someone breaking the law on that end, in high volumes, and egregiously.

I'm sure they could find at least one.
 
the billing and cancellation hoops is pissing people off far more than anything else

Exactly.... my dad worked in timeshare for a long time pretty much doing damage control... and anyone that knows anything about timeshare, its pretty fucking shady... they tell you its a 90 minute tour it ends up being 4 hours, they tell you that when you buy the $10k timeshare in missouri you're going to be able to swap it out for the $50k timeshare in aspen, etc. people always filing complaints with the attorney generals but it's the companys that issue the refunds that never end up in trouble. Issue a refund to the people that really complain, document it, you're good to go. If an AG contacts you, show them you do everything you can to rectify the situation and the problem goes away, continue making $. But this bullshit with the cancellations and all this other stuff these companies are doing is really whats drawing all this into the limelight and it really doesn't need to be this way.
 
I think the two above really hit the nail on the head.

The billing isn't that big of a deal. But at least make them be able to cancel if they really want to. Make hoops, like having to call a few numbers, but in the end make them able to cancel. (Chances are they've already been billed once for a high number amount anyway.)

The people who complain the most will usually try the hardest to cancel. Let them cancel, just make it "difficult enough" to make most people shy away from it, and a big problem is solved.

Or let anyone who wants to cancel cancel. That'd be interesting, lol.
 
The FTC doesnt have to give you a warning if they don't want to. If they send you a warning letter they are being "nice" and you should consider yourself lucky. They are under no obligation to send a warning letter before launching an investigation or filing a lawsuit. If you are clearly out trying to scam people, and the FTC knows this, they will NOT send you a warning first.
 
I think the two above really hit the nail on the head.

The billing isn't that big of a deal. But at least make them be able to cancel if they really want to. Make hoops, like having to call a few numbers, but in the end make them able to cancel. (Chances are they've already been billed once for a high number amount anyway.)

The people who complain the most will usually try the hardest to cancel. Let them cancel, just make it "difficult enough" to make most people shy away from it, and a big problem is solved.

Or let anyone who wants to cancel cancel. That'd be interesting, lol.

Yessir.

1. Sneakily bill customer for tons of money
2. Create hoopz.
3. Allow customer to reach final hoop
4. Come out looking like a good guy?
 
I've done some more research here and discovered something very interesting.
I need someone like a Ruck or Mike or Steve to confirm.

Source:
http://www.squidoo.com/FTC-and-Affiliate-Marketers
"One of the first things Mary stated was that the Media has the information "all wrong!" The misconception has been that the new Guidelines are a new law, they aren't! Section 5 of the Federal Trade Commission Act remains the same (the enforceable Act, the part that has punishment behind it) and these Guidelines were made to close some loop holes that allowed Advertisers to mislead consumers"

Note: The new Guidelines are not law, and have no fines attached to them! The Law is in Section 5; the one that can punish and fine, this is where people can get into trouble.
...
They have rulemaking authority
It's not technically a law, but only because it's not passed by the congress and deals with civil judgements rather than jailtime.
 
Well, just to add in a network perspective - we are taking this stuff seriously. Our compliance team is reviewing all LPs and ads to make sure they are in full compliance. Because when "they" crack down, they crack down on all - advertiser, networks and publishers - just read the news.

Enough consumers have complained. The landscape is changing. Internet advertising is going to have to grow up. Actually going to have to SELL products and services on their own, verifiable merits rather than con people into signing up and getting surprise dinged on their cc. Sure it's harder. But you guys are smart, i know you can do it.
 
Well, just to add in a network perspective - we are taking this stuff seriously. Our compliance team is reviewing all LPs and ads to make sure they are in full compliance. Because when "they" crack down, they crack down on all - advertiser, networks and publishers - just read the news.

Enough consumers have complained. The landscape is changing. Internet advertising is going to have to grow up. Actually going to have to SELL products and services on their own, verifiable merits rather than con people into signing up and getting surprise dinged on their cc. Sure it's harder. But you guys are smart, i know you can do it.


Thank you. I'm new to this industry but a lifelong marketer, and the shit that goes on the AM space amazes me. I'm looking forward to the changes.
 
Actually going to have to SELL products and services on their own, verifiable merits rather than con people into signing up and getting surprise dinged on their cc. Sure it's harder. But you guys are smart, i know you can do it.

Of course we can, and when the majority of the offers are this and are what the networks are pushing, it will be much easier.
 
Well, just to add in a network perspective - we are taking this stuff seriously. Our compliance team is reviewing all LPs and ads to make sure they are in full compliance. Because when "they" crack down, they crack down on all - advertiser, networks and publishers - just read the news.

Enough consumers have complained. The landscape is changing. Internet advertising is going to have to grow up. Actually going to have to SELL products and services on their own, verifiable merits rather than con people into signing up and getting surprise dinged on their cc. Sure it's harder. But you guys are smart, i know you can do it.

I'm not in Hydra. But are you trying to imply that you don't have any shady re-bill offers in your network? Assuming you do imo your acting pretty self righteous when you, and your network, have made a large amount of money with re-bill offers in the past - and most likely in the future.
 
  • Like
Reactions: seolinker
i agree with most people, you really dont have to worry about that as an affiliate 1 in a million chance theyll go after individual affiliates unless there in the spot light somehow. They are understaffed and affiliates will be able to get away with a lot of stuff for a long time.
 
Enough consumers have complained. The landscape is changing. Internet advertising is going to have to grow up. Actually going to have to SELL products and services on their own, verifiable merits rather than con people into signing up and getting surprise dinged on their cc. Sure it's harder. But you guys are smart, i know you can do it.

So I take it you're all applying to Valueclick to work at Commission Junction?

I fail to see the value proposition of about 90% of CPA networks once the move you're describing happens.

How about we try this on for size: networks are going to actually have to screen and do business with those who conduct business well. There are PLENTY of companies (well, were- they're now probably the minority) who ship products of value on a trial basis and see ridiculously good rebill numbers with US based support that picks up on the 3rd ring and let's you cancel.

Oh what?

Shocking I know. Why no one has realized that you can convert health products on a SALE basis is fucking beyond me. And before you ask- I've done it, but my options in terms of product/landing page are a bit like racing a pinto against a ferrari.

One of the big backends should figure this out, make it a lot easier for all of us (or those smart enough to not just sell a product as "FREE <don't look!> & AMAZING!)
 
How about we try this on for size: networks are going to actually have to screen and do business with those who conduct business well. There are PLENTY of companies (well, were- they're now probably the minority) who ship products of value on a trial basis and see ridiculously good rebill numbers with US based support that picks up on the 3rd ring and let's you cancel.

Exactly.

But as the re-bill market, think acai, got more and more competitive to give the highest payouts they needed guaranteed money. (Thus the 3 day later re-bill, the 15 day later re-bill, and not allowing people to cancel etc.)

When affiliates don't know the ethics behind a company(offer) you usually just go simply by the EPC and the highest EPC is usually the offer with the highest payout, and most complaints.

I doubt completely legit offers could have a good profit margin with the payouts some acai, colon, resv offers are giving out now.

Edit: Although it's sometimes funny to read the e-mails from overweight house wives that trusted you, Amy, to help them lose 50 pounds in 4 weeks with a powerful combination you discovered while grocery shopping for your 3 children and using coupon codes because money is a little tight I would prefer getting a decent payout and at least giving the women a sugar pill to make them think like it might work.