Bloggers React To New FTC Compensation Disclosure Rules
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Bloggers React To New FTC Compensation Disclosure Rules
There’s been quite a bit written about the new Federal Trade Commission disclosure rules in the past week or so. It’s been very enlightening to read the many different views about the changes to the disclosure rules and how they will affect blogging, especially affiliate blogging but can also be very confusing to many of us.
The best thing to do is to read the official FTC document – FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising
and then get a copy on Mike Young’s report that provides general practical knowledge about what to do to stay out of trouble with the FTC. You can get a copy here: How to Comply with the New FTC Compensation Disclosure Guidelines
Even though Mike Young is a lawyer he makes it clear that it’s only a guideline and you should seek legal advice on the matter to make sure you’re adhering to the new regulations.
The FTC’s revised disclosure rules take effect December 1st so you have plenty of time to do some research and get your disclosure policy ready for your blogs and websites.
Personally I think that this is a good thing. The main purpose of the new ruling is to protect online consumers and if you’re running a legitimate business then you really have nothing to worry about.
I’ve added a Disclosure Page as I do have affiliate links throughout this blog and occasionally write reviews about products and services that I use or feel would benefit my readers.
I used the free service at http://disclosurepolicy.org/ (not an affiliate Link) to create my basic disclosure page that should be sufficient to make the FTC happy. I’ll be doing more research and will change or update my disclosure page if necessary.
I’m not a lawyer and can’t advise you on what the best solution is for your business but do hope that you look into complying with the new rules.
I’m including links to some interesting blog posts that I’ve read on the subject that will help you in understanding the FTC’s revised disclosure rules a little better.
FTC Responds to Blogger Fears: “That $11,000 Fine Is Not True”
“That $11,000 fine is not true. Worst-case scenario, someone receives a warning, refuses to comply, followed by a serious product defect; we would institute a proceeding with a cease-and-desist order and mandate compliance with the law.
FTC New Compensation Disclosure Requirements: Free Internet …
Will it be the end of blogging and affiliate marketing as we know it? What about testimonials, endorsements, earnings claims, and compensation? What has changed? How will these changes affect online marketing? …
FTC Attacks Affiliate Bloggers
In fact Affiliate Marketing is a big part of the monetization model on my blog and in last 3 month or so, ever since I heard that FTC will go after internet endorsements I have added extra disclaimers to each post that included …
How to Word Disclosures & Agreements to Meet FTC Rules « Affiliate …
So a dedicated Disclosure Policy page visible from every page of the website should suffice. Affiliate program managers and advertisers/merchants, on the other hand, may use the following text I have put together, making it a sub-clause …
5 Smart Legal Steps for Your Blog | The Blog Herald
A disclosure policy is not only good practice, but it may also help avoid legal issues from the new FTC rulings. Since they are so new, it is unclear exactly how they will be enforced and it is vital to do everything one can to avoid …
The Federal Trade Commission has listed new regulations and this will be changing the way affiliates and product owners alike do business. Now before we start I am not a lawyer nor do I play one on TV. Nothing here is to be considered …
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26 Comments
October 13th, 2009 at 10:20 pm
Definitely going to be curious to see how this all shakes out. I appreciate all the links to the various posts as it definitely gives some different perspectives.
Thanks for the reading resources Luca!
Brett McEllhiney´s last blog ..New Martial Arts Niche Website Package With PLR!
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Luca Reply:
October 14th, 2009 at 4:30 pm
I don’t think it will bge as bad as some people are making it out to be. Time will tell
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October 14th, 2009 at 1:13 am
Thanks for the updates and resources… this is a big issue that we all need to pay attention to and you have made it easy for use to get all the info.
Joel Osborne´s last blog ..Abundance Stimulus Pack
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Luca Reply:
October 14th, 2009 at 4:32 pm
Hey Joel,
It’s good to be informed and up to date on matters that effect our businesses
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October 14th, 2009 at 7:10 am
Some great resources Luka,
I strongly believe it is all bunch of BS but I have also protected myself using Web Legal Forms Generator by actual internet attorney.
New “guide” is too vague and too open for interpretation. I also have an issue with enforcing policy of “results not typical”. I know that 95% of people who attempt to earn from blogging – fail. That makes ANY claim related to the topic not typical!
Does it mean product that teach how to do it all “scam”? Common, FTC has no common sense, never had and never will, This is all about control and role government now plays on the internet.
They still control the internet but this is one of the first big steps in my opinion.
Alex Sysoef´s last blog ..FTC Attacks Affiliate Bloggers
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Luca Reply:
October 14th, 2009 at 4:35 pm
Hey Alex,
I don’t like it either. It’s unfortunate that for the few bad apples the rest of us have to be told what to do. In the long run though I really don’t think it will make a difference to legit businesses
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October 14th, 2009 at 10:40 am
Great links!
I feel that this is going to weed out the less savoury types that give everyone trying to make money on the internet a bad name.
The distrust factor by most people is very high and this should help in that regard.
It’s also not a witchhunt like a lot of people make it out to be. It’s mostly complaint driven and, even at that, there’s two warnings issued before any action is taken.
That seems fair to me.
Cheers,
Rod
Rod Macbeth´s last blog ..The Path to the Four Hour Workweek…Outsourcing the Correct Way
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Luca Reply:
October 14th, 2009 at 4:37 pm
I agree Rod, it’s just unfortunate that because of the “less savoury types” as you say we have new rules. I don’t mind at all – it will be fine.
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October 14th, 2009 at 12:58 pm
I personally loathe nanny-state politics. This new FTC rule is a prime example of nanny-stateism. But I’m not stupid. Because most of my clientele are from the US, I have just included a disclosure policy on my website, thanks to your info, Luca.
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Luca Reply:
October 14th, 2009 at 5:32 pm
Hi Karen,
Thanks for stopping by. I’m in Canada as well and the rules don’t apply here – from what I understand but you bring up a very good point. If we do business in the states it’s important to comply with the FTC ruling
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October 14th, 2009 at 1:11 pm
Yes it is definitely going to be an interesting thing to watch how this shakes out. Thanks for the great resources.
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Luca Reply:
October 14th, 2009 at 5:34 pm
Hi Mike,
Your post was one of the first I’d read on the subject and prompted me to research it more and do something about it. Thanks
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October 14th, 2009 at 6:31 pm
That is some great advice and some that I think we all should pay attention to. Thanks for pointing this out.
Andre Arnett´s last blog ..Try Becoming A Ghostwriter With These 5 Tips
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October 14th, 2009 at 8:15 pm
I think no blogger will go against the FTC, since you will loose trust if you do that.
Young´s last blog ..The Best Website to Play Free Pool Game Online
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October 15th, 2009 at 6:39 pm
Thanks for the resources to use to try to figure this out. Thanks also for the free service at http://disclosurepolicy.org/ to create a basic disclosure page. I will be getting this done soon. Will interestering to see just what the FTC will do and what they really expect us do. Sure would be nice if they would just tell us and we didn’t have to hide behind advice that says “Im not a lawyer but …”
Lonnie Minton´s last blog ..Is Free Good For Internet Marketing
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October 16th, 2009 at 2:38 pm
This is just another case of the law restricting the rights of good people. Sure, it’s meant to rein in the shysters who promote scams, but they’ll continue to find ways around the law, or just break it anyway. The ones that are gonna get hurt are those small time people who don’t totally understand the rules.
Tamahome Jenkins´s last blog ..The Always Controversial Nobel Peace Prize
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Rod Macbeth Reply:
October 16th, 2009 at 2:45 pm
How are they going to get hurt?
It’s very unlikely, in the first place, that the “small time people” will be crossing the line. They aren’t the ones fabricating testimonials and stretching the truth.
Even if it should happen that they somehow get the attention of the FTC they will be given a warning…TWICE.
So, again, how are they hurt?
Rod Macbeth´s last blog ..Life Explained
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Tamahome Jenkins Reply:
October 16th, 2009 at 3:13 pm
The nature of law is that the government will only be looking for results. Why do you think it’s so open-ended? You think the FTC is ONLY going to look for people making false claims? No, they’re going to look at anyone that puts a link to a product on their page and doesn’t disclose a paid relationship. Furthermore, they leave it open-ended so that they can make changes on their own terms in the future.
I don’t need the FTC to tell me not to buy something that sounds too good to be true. Whatever to caveat emptor?
Tamahome Jenkins´s last blog ..The Always Controversial Nobel Peace Prize
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Rod Macbeth Reply:
October 16th, 2009 at 3:24 pm
It’s complaint driven…so the FTC isn’t looking for anyone.
Rod Macbeth´s last blog ..Life Explained
Tamahome Jenkins Reply:
October 16th, 2009 at 7:09 pm
Well, then I guess I will warily step back from my anti-establishment approach
Tamahome Jenkins´s last blog ..The Always Controversial Nobel Peace Prize
October 22nd, 2009 at 9:13 am
i think the ftc is trying to take too much power and they should just let people live and do what they want as long as it is fair.
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October 27th, 2009 at 6:20 pm
This looks a bit worrying – I will have to look into it further. Thanks for posting this.
Malc´s last blog ..Cape Verde – For the Holiday Isle Beach Resort
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November 2nd, 2009 at 10:57 pm
I agree. The new FTC rules seemed to vague for me! Thanks for this great resource for helping me understand the new FTC guidelines!
Marilyn´s last blog ..Upgrade Your WordPress Sites Now to Avoid Losing It All
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November 3rd, 2009 at 6:24 pm
These new rules will directly affect many people doing business online, whether they are selling their own products or products as an affiliate.
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November 4th, 2009 at 1:36 am
This is certainly an interesting development but a much needed one. We all in affiliate marketing need to be aware of these new rules and what it will take to be compliant.
Judy´s last blog ..Some Self-help Stress Reducing Ideas
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November 22nd, 2009 at 1:43 am
I’m glad it will be harder for scumbags to rip-off people with phony testimonials and the like. I’ll be happy to follow a few extra rules if it will raise the public’ss confidence in what is said in my marketing.
Dan´s last blog ..Indianapolis Public Records
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