So dang it, are review sites legal or not???

Dana_W · 10-03-2009, 09:37 AM

Web Ad Group Pushes For Ethical Blogging - News and Analysis by PC Magazine

Federal Trade Commission wants to clear up relationship between online reviewers and product manufacturers - St. Petersburg Times

I am thinking of putting up some review sites, but it seems to me as if new FTC regulations would require a ton of printed disclosures front and center, which would probably kill the effectiveness of the review site.

Am I interpreting this correctly? Are less people doing review sites these days?

zerofill · 10-03-2009, 09:41 AM

We always have done ours mainly as reporters...reporting what we have found at various other sites etc...instead of writing like we have used the product. I imagine the flogs with fake testimonials, and fake "personal success stories" is what brought this all about.

Although they should probably put more effort towards infomercials with some of the ones I have seen lately heh.

5starAffiliatePrograms · 10-03-2009, 12:20 PM

Quote:

Originally Posted by Dana_W

I am thinking of putting up some review sites, but it seems to me as if new FTC regulations would require a ton of printed disclosures front and center, which would probably kill the effectiveness of the review site.

I thought I had read awhile back that the revisions of the regulations were expected in August, but one of these articles says they are due in the fall. I think we need to see how strict the regulations are actually going to be before we know for sure how to react.

Dana_W · 10-03-2009, 01:19 PM

It does seem to be a work in progress. I mean realistically speaking with all the review sites out there, the odds are against any individual being busted - BUT I would truly hate to be the one that the FTC makes an example of!

InternetMarketingIQ · 10-03-2009, 01:48 PM

The truth is always legal. If you publish the truth you have nothing to worry about.

ForeignProfessor · 10-03-2009, 02:08 PM

Quote:

Originally Posted by InternetMarketingIQ

The truth is always legal. If you publish the truth you have nothing to worry about.

In the USA and most of the western world this is indeed the case.

Interestingly though, in the country I'm living in, truth is not a defense in the case of slander or libel. In this country if you harm someone's reputation, no matter whether it is true or not, you can be prosecuted. For example, if Mr.X was convicted of fraud in 1985, then I went about writing articles today saying that Mr.X is a convicted fraudster he could sue me, and win, for libeling him. If Mr.X is a successful businessman, and he defrauds me of some money and gets prosecuted for it, if I then go around telling people that he is a fraudster and it directly harms his business, then again he can sue me for damages and most likely win. Truth is no defense when accused of libel here. God bless freedom of speech in the rest of the world!

(I am in South Korea if you're curious, not communist China or some other such country)

Speaking of freedom of speech, aren't some amendments to the constitution likely to be upset if the ruling mentioned in the OP is passed?

diro · 10-03-2009, 05:50 PM

This actually came about because of some newspaper reporters and their employers complaining that the "bloggers" don't have to live by the same rules that the "news" writers do. To them, masquerading an editorial writer as a news columnist wasn't a problem until someone else figured out how to do it...and profit from it too!

Anyway, If they (the "news" writer) are given a review copy, or they receive a "present" or "gift" for doing a story, they have to announce it somewhere in the article (or close by, I believe).

This is mainly aimed at a few bloggers that were getting cruises, hotel stays, nice watches, etc..., for writing about a product, place or service and making their writing look like a disinterested third party. In the process though, I imagine a lot of people/sites will be caught in the "net."

An attorney friend, (completely off the record, so no, I will not divulge her name) said that she felt a disclaimer in your sites legal pages would do the trick to make/keep us in compliance.

She also said that she felt the sites that are set up as "reporting" sites, would be OK, as long as the source of the quotes could be easily found (like in another disclaimer, or even attached to the quote--not necessarily a link, just the name of the site).

Of course, this is not legal advice as our conversation was off the record, I'm not a lawyer, nor do I play one on T.V.!

We'll have to wait to see exactly what happens.

Rog

scrofford · 10-03-2009, 05:55 PM

"Commissioners are expected to get a final version of the new guidelines and vote this fall — only the new guidelines won't carry any direct penalty."

The above is from the Tampabay.com website article. I don't see that you would have to change anything if there is no penalty. Review sites are perfectly legal.

Drew Castle · 10-03-2009, 07:34 PM

Quote:

Originally Posted by zerofill

We always have done ours mainly as reporters...reporting what we have found at various other sites etc...instead of writing like we have used the product. I imagine the flogs with fake testimonials, and fake "personal success stories" is what brought this all about.

Although they should probably put more effort towards infomercials with some of the ones I have seen lately heh.

I think this way is the best method. Act as an objective reporter just bringing to the forefront some products that a potential buyer may be interested in.

tommygunn · 10-03-2009, 08:09 PM

My interpretation is this is the result of affiliate marketers posting fake reviews or proclaiming results when they never even used the product. A consumer, can't tell the difference between real expected results of a product anymore. So it sounds like review sites/affiliate sites are going to have to outline if they are an affiliate of the product or monetize from the content in any way. Basically telling a consumer visiting your review site, don't take anything I have to say seriously, because I'm just trying to make money.

Fred_Acker · 10-03-2009, 08:21 PM

You mean I can't lie, cheat, steal from, and fraud the consumer? Bummer... Now I gotta change my plans. I new I should've been a politician!

williamh5001 · 10-03-2009, 08:21 PM

Quote:

Originally Posted by InternetMarketingIQ

The truth is always legal. If you publish the truth you have nothing to worry about.

Who determines what the truth is?

ppcpimp · 10-03-2009, 11:16 PM

Our attorney said that the initial regulation will deal with more of the paid blog review where a product owner pays a blogger to give a favorable post about said product.

If you are going to put up a review style landing page you should have disclosures on it anyway. They don't need to be front and center though they just need to be conspicuous.

Quote:

Originally Posted by Dana_W

Web Ad Group Pushes For Ethical Blogging - News and Analysis by PC Magazine

Federal Trade Commission wants to clear up relationship between online reviewers and product manufacturers - St. Petersburg Times

I am thinking of putting up some review sites, but it seems to me as if new FTC regulations would require a ton of printed disclosures front and center, which would probably kill the effectiveness of the review site.

Am I interpreting this correctly? Are less people doing review sites these days?

pcpupil · 10-03-2009, 11:59 PM

Well i for one am going to put up 2 review sites in the next couple weeks.
These are going to be problems that i have and i am going to purchase or get a free review copy of the product to test.So it will be my honest review.
Im also going to state that i am being compensated in some way either in my TOS,About me page.
Im also going to post a pic of my reciet,a pic of my doctors prognosis as to give a better testimonial.
Plus the pics are going to tagged alt for google anchor text or whatever you call it.
Matt

Dana_W · 10-04-2009, 10:38 AM

I wouldn't necessarily say that printing the truth is always legal - there are shades of gray there.

If I review five products, and say I liked the highest-rated one best - but I don't disclose that I get paid every time someone buys that product after clicking on the link on my review page - my understanding is that this might violate FTC regulations in the near future. Wish the laws were more clear on this!

10-03-2009, 09:37 AM	#1
Dana_W Senior Warrior Member War Room Member Join Date: Feb 2008 Location: Florida, USA. Posts: 2,406 Thanks: 293 Thanked 364 Times in 156 Posts Social Networking	So dang it, are review sites legal or not??? Web Ad Group Pushes For Ethical Blogging - News and Analysis by PC Magazine Federal Trade Commission wants to clear up relationship between online reviewers and product manufacturers - St. Petersburg Times I am thinking of putting up some review sites, but it seems to me as if new FTC regulations would require a ton of printed disclosures front and center, which would probably kill the effectiveness of the review site. Am I interpreting this correctly? Are less people doing review sites these days?

10-03-2009, 09:41 AM	#2
zerofill Donald VanFossen War Room Member Join Date: May 2008 Location: Upstate NY , USA. Posts: 1,361 Blog Entries: 2 Thanks: 34 Thanked 88 Times in 41 Posts Social Networking	Re: So dang it, are review sites legal or not??? We always have done ours mainly as reporters...reporting what we have found at various other sites etc...instead of writing like we have used the product. I imagine the flogs with fake testimonials, and fake "personal success stories" is what brought this all about. Although they should probably put more effort towards infomercials with some of the ones I have seen lately heh.
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10-03-2009, 01:19 PM	#4
Dana_W Senior Warrior Member War Room Member Join Date: Feb 2008 Location: Florida, USA. Posts: 2,406 Thanks: 293 Thanked 364 Times in 156 Posts Social Networking	Re: So dang it, are review sites legal or not??? It does seem to be a work in progress. I mean realistically speaking with all the review sites out there, the odds are against any individual being busted - BUT I would truly hate to be the one that the FTC makes an example of!

10-03-2009, 01:48 PM	#5
InternetMarketingIQ Advanced Warrior Join Date: Apr 2007 Location: , , . Posts: 831 Thanks: 16 Thanked 76 Times in 65 Posts	Re: So dang it, are review sites legal or not??? The truth is always legal. If you publish the truth you have nothing to worry about.
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10-03-2009, 05:50 PM	#7
diro Active Warrior War Room Member Join Date: Aug 2009 Location: London, U.K. & the Colorado Rockies Posts: 40 Thanks: 24 Thanked 2 Times in 2 Posts Contact Info	Re: So dang it, are review sites legal or not??? This actually came about because of some newspaper reporters and their employers complaining that the "bloggers" don't have to live by the same rules that the "news" writers do. To them, masquerading an editorial writer as a news columnist wasn't a problem until someone else figured out how to do it...and profit from it too! Anyway, If they (the "news" writer) are given a review copy, or they receive a "present" or "gift" for doing a story, they have to announce it somewhere in the article (or close by, I believe). This is mainly aimed at a few bloggers that were getting cruises, hotel stays, nice watches, etc..., for writing about a product, place or service and making their writing look like a disinterested third party. In the process though, I imagine a lot of people/sites will be caught in the "net." An attorney friend, (completely off the record, so no, I will not divulge her name) said that she felt a disclaimer in your sites legal pages would do the trick to make/keep us in compliance. She also said that she felt the sites that are set up as "reporting" sites, would be OK, as long as the source of the quotes could be easily found (like in another disclaimer, or even attached to the quote--not necessarily a link, just the name of the site). Of course, this is not legal advice as our conversation was off the record, I'm not a lawyer, nor do I play one on T.V.! We'll have to wait to see exactly what happens. Rog
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10-03-2009, 05:55 PM	#8
scrofford Stealth Warrior War Room Member Join Date: Aug 2009 Location: Everett, Wa Posts: 262 Thanks: 2 Thanked 16 Times in 14 Posts Social Networking	Re: So dang it, are review sites legal or not??? "Commissioners are expected to get a final version of the new guidelines and vote this fall — only the new guidelines won't carry any direct penalty." The above is from the Tampabay.com website article. I don't see that you would have to change anything if there is no penalty. Review sites are perfectly legal.
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10-03-2009, 08:09 PM	#10
tommygunn HyperActive Warrior War Room Member Join Date: Jul 2009 Posts: 143 Thanks: 5 Thanked 35 Times in 15 Posts	Re: So dang it, are review sites legal or not??? My interpretation is this is the result of affiliate marketers posting fake reviews or proclaiming results when they never even used the product. A consumer, can't tell the difference between real expected results of a product anymore. So it sounds like review sites/affiliate sites are going to have to outline if they are an affiliate of the product or monetize from the content in any way. Basically telling a consumer visiting your review site, don't take anything I have to say seriously, because I'm just trying to make money.
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10-03-2009, 08:21 PM	#11
Fred_Acker Fred Acker War Room Member Join Date: Aug 2008 Posts: 60 Thanks: 1 Thanked 9 Times in 8 Posts	Re: So dang it, are review sites legal or not??? You mean I can't lie, cheat, steal from, and fraud the consumer? Bummer... Now I gotta change my plans. I new I should've been a politician!

10-03-2009, 11:59 PM	#14
pcpupil HyperActive Warrior Join Date: Jan 2009 Location: South central AZ,close around Phoenix. Posts: 196 Thanks: 7 Thanked 15 Times in 12 Posts Social Networking	Re: So dang it, are review sites legal or not??? Well i for one am going to put up 2 review sites in the next couple weeks. These are going to be problems that i have and i am going to purchase or get a free review copy of the product to test.So it will be my honest review. Im also going to state that i am being compensated in some way either in my TOS,About me page. Im also going to post a pic of my reciet,a pic of my doctors prognosis as to give a better testimonial. Plus the pics are going to tagged alt for google anchor text or whatever you call it. Matt
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10-04-2009, 10:38 AM	#15
Dana_W Senior Warrior Member War Room Member Join Date: Feb 2008 Location: Florida, USA. Posts: 2,406 Thanks: 293 Thanked 364 Times in 156 Posts Social Networking	Re: So dang it, are review sites legal or not??? I wouldn't necessarily say that printing the truth is always legal - there are shades of gray there. If I review five products, and say I liked the highest-rated one best - but I don't disclose that I get paid every time someone buys that product after clicking on the link on my review page - my understanding is that this might violate FTC regulations in the near future. Wish the laws were more clear on this!