New FTC rules -- do we need a lawyer to create the disclaimer?

[Estrella]

Hi warriors,

In response to the new FTC regulations regarding affiliate income disclosure: do we need a lawyer to create an accurate disclosure, or can we make it ourselves? For example "The owner of www.mysite.com is an affiliate of company www.abc.com, and we receive commissions whenever our visitors purchase www.abc.com product(s) through our affiliate links, etc etc...."

Anyone can recommend a source from which I can purchase disclaimer templates that I can use for multiple sites?

Also, regarding testimonials, we are required to add a disclaimer that states the expected results for average users, in addition to the "results are not typical" disclaimer.

My question is: how do we know what the average results are?

To get the average results, I would need to create a survey from a lot people (or whatever amount necessary for statistically valid sample), and that's just way too cumbersome.

Any thoughts?

[Steven Carl Kelly]

No, you don't REQUIRE one, but as is often the case, consulting one would probably be in your best interest. Please note that the requirements for compliance are not overly complicated, and the full document from the FTC has many, many examples in it which can be very helpful to the average marketer.

Finally, some of your questions are answered in a thread I created on the subject, so rather than republish those here, I'll simply point you to the thread:

An FTC thread that you REALLY should read

Not all testimonials require a "generally expected performance" disclaimer.

[Estrella]

Thanks a lot for referring me to that thread, Steven.

I'm still curious though: how do I get the disclaimer about getting monetary compensation as an affiliate?

[BIG Mike]

To expand on Steven's comments, in my experience you're almost always better off if you can connect with a lawyer in your community who has experience in this area. He or she can guide you and provide documentation suitable for the laws in your area.

I would avoid using stock templates or soliciting legal advice in public forums, mainly because you just have no one to come back to if a problem does come up.

[Catalyst eMarketing]

Here's an important post I started today too that clarifies some things and talks about the FTC saying they really aren't going to be fining bloggers $11,000 per violation.

FTC BACKS DOWN - Just Kidding About the $11,000 Fine!

At the bottom of the 1st post there is a Privacy Policy Generator that has REALLY good wording and includes customization for your needs. It does not specifically cover affiliate links but could easily be tweaked.

[Anna Johnson]

Okay, I am a lawyer (in Australia NOT the U.S.) and let me say that no, you don't need a lawyer to write your disclaimers. Actually, you don't need a lawyer to set up your company, advise you on the law, write your contracts or represent you in court... BUT I highly recommend you use a *qualified and experienced* lawyer in all of these circumstances

When it comes to writing a disclaimer in order to comply with the FTC's new approach to testimonials and endorsements, I think yes, get help from an attorney who is highly familiar with your kind of business and the FTC Act, etc. This is not a task for your average suburban attorney... and not something you want to get wrong.

Also it shouldn't cost too much for a disclaimer of this kind. What's more, there are still a host of issues surrounding the FTC's new policy and one of the not-so-obvious benefits of getting legal advice is that if it's wrong, you get the benefit of your lawyer's professional indemnity insurance (i.e. if you successfully show that their advice was negligent).

[andrew_writes]

I don't know if this will help or not or even if I'm in the ball park but I created the following to go along with my other sites legal links.

FTC Disclaimer & Commerciality Notice

We are a commercial company and as such, use a for profit strategy. This fact must be kept in mind before making any purchase decisions based on recommendations or endorsement generated by this site or any sites owned by Affiliate Commerce LLC and Andrew L. Witherspoon.

Any recommendations and endorsements for products and or services that are displayed on this site are for monetary purposes. What this means is that if you click a link on this site and purchase a product or service from this site or a site linked to from this site, and make a purchase, the owner of this site will receive a monetary compensation.

Recommendations and endorsement will only be made if
one or all of the following conditions apply

1. The site owner has purchased and used the product or service. Therefore the recommendation or edorsement will be of a personal nature and from one perspective only.
2. The site owner has done or has access to a study or survey that will validate the average results purported by the recommended/endorsed product or service.
3. The site owner has validated this product or service based on third party recommendation. In this instance, the third party would be the product or service owner and his/her clients.

If you have purchased an endorsed or recommended product or service in direct relation to Affiliated Commerce LLC and/or Andrew L. Witherspoon and you wish to make a dispute as to the veracity of the endorsement or recommendation using the guidelines mentioned above, please submit a support ticket via our help desk and rest assured, we will endeavor to come to a mutual and satisfactory outcome for all parties involved.

Originally Posted by Estrella

Hi warriors,

In response to the new FTC regulations regarding affiliate income disclosure: do we need a lawyer to create an accurate disclosure, or can we make it ourselves? For example "The owner of www.mysite.com is an affiliate of company www.abc.com, and we receive commissions whenever our visitors purchase www.abc.com product(s) through our affiliate links, etc etc...."

Anyone can recommend a source from which I can purchase disclaimer templates that I can use for multiple sites?

Also, regarding testimonials, we are required to add a disclaimer that states the expected results for average users, in addition to the "results are not typical" disclaimer.

My question is: how do we know what the average results are?

To get the average results, I would need to create a survey from a lot people (or whatever amount necessary for statistically valid sample), and that's just way too cumbersome.

Any thoughts?

[kindsvater]

My evaluation of what the FTC is looking for is not just another disclaimer, especially in a sea of legalese.

Rather, to provide more contextual information where the consumer is reading something.

For instance, in your blog post reviewing and recommending a product, to work into the discussion that you are being paid to make the recommendation. A disclaimer on a linked page that, frankly, no one reads, does not help the consumer.

As I read what the FTC is saying, it is not the mechanical task of having a disclaimer, but making sure the consumer is provided with appropriate information to evaluate your recommendation that may not otherwise be apparent.

[bgmacaw]

Here's all you need to know about what the FTC is up to: Three Felonies a Day - How The Feds Target The Innocent

In other words, if they want you, they already have you and can win multiple felony convictions against you no matter what disclaimer you use. Just don't do stupid stuff, like forced continuity with weight control products, that will put you on their radar.