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.

[5starAffiliatePrograms]

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).