New FTC Guidelines for Affiliate Marketers and Bloggers
This week, the Federal Trade Commission issued revised guidelines for internet marketers (i.e. bloggers, affiliate marketers, YOU…) who use testimonials, endorsements, reviews or any other form of comment or social proof apparently, in their marketing.
“Wait until the dust settles before you panic.”
I’ve received more than a few emails from you about this issue — and right now I just want to say; “Relax… don’t shut your websites down just yet. Sheeze!”
The main focus of the document centers around, as it’s titled, “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Frankly, I haven’t read the entire document yet, so I can’t comment on all of the points being made.. I’m only about halfway through it and after my Magnetic Mastermind meeting tonight, I wanted to get this post up before I finish going through the document… (actually, before I go to sleep tonight and finish reading the policy tomorrow!
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Here is the big thing, from what I can tell at first glance anyway… don’t make false or misleading claims or use fake testimonials in any of your marketing or businesses. “Duh.”
Always run your business with the highest level of integrity and honesty.
Post your legal documents (you DO have your legal documents on your site, yes?).
Make sure your visitors understand what an editorial, advertorial, advertisement, endorsement, paid endorsement, etc. is and just let them know up front what your relationship with a product or marketer is and you should have no issues.
For instance, if I were to give you a free membership in MagneticMastermind.com and you put a review on your website about the program… telling your visitors how incredible the coaching and community are (which you would tell them… because they ARE great!) – let them know that I gave you a free membership to give your opinion or feedback. Just disclose that fact… and you SHOULD be okay.
From what I can tell (not giving you legal advise or guidance in ANY way with this comment! Just a personal opinion after glancing over the document…) is if you honestly disclose your relationship with products, services, marketers, partners, etc. you’ll steer pretty clear of legal issues.
Apparenly, though… giving an endorsement (if it’s qualified as an ‘endorsement’) can now put the endorser in legally liable front-and-center in some cases too… so much for celebrity endorsements of the latest MLM juice, if the celebritie’s lawyer is the nervous type about the product.
I’m not sure how this new policy will affect a review site or a non-compensated commentary on a product or service, however.. because I haven’t had time to flesh out all of the facts yet.
And… I’d like to wait a week or three before making any rash comments… to see what other marketers (and my lawyers) have to say about the new rules.
I’ll keep you posted though, as I get a clearer understanding of the policies, the consequences of breaking them, and how to stay squeaky clean so you don’t care about the consequences.
My advise today though, and the reason I wanted to post this short note to you, is to say to you that you should not make any rash or drastic changes in anything you are doing right now. .. not yet… well, in my opinion anyway.
The new policy takes effect December 1st, 2009, so you have some time to clearly understand what is required before you go jumping through hoops to ‘fix’ your sites or pull your testimonials or endorsements of other products or services… and definately before you go pulling down your review affiliate marketing sites.
Let’s hold off on taking drastic actions for now, and give it some time to flesh out all the details and action steps we need to take to stay in synch with the new policy.
On a personal note… here we go again, government stepping in and setting new rules and regulations that may potentially have adverse affects on an entire industry… and our pocketbooks… trying to babysit adults who just don’t seem to know how to regulate themselves I guess.
Or… is there something more insidious going on here that this is only a first step toward?
Right now, there are too many unanswered questions for me.. so I advise patience. Let’s reconvene on this in a month or so.. deal?
What is your opinion? What do you think is REALLY going on here and why do you feel that the new rules are all of a sudden, in a depressed economy, a front and center issue?
About the Author:
Steve Odette is a copywriter, business coach, blogger, online marketer, author, speaker, internet marketing consultant and serial entrepreneur (over two decades…). Sign up for his newsletter to receive his latest news, tips, articles, insights and updates at http://www.steveodette.com. You can also follow him on Twitter and Facebook … or if you are serious about being successful as an internet marketer, get to talk with Steve weekly as a member of MagneticMastermind.com, where he is the lead coach and mentor.






