WARNING! FTC is Coming After Affiliates and Vendors...

[keblack]

Hi everyone,

In the interest of warning all Warrior Forum friends, there is an alarming trend going on right now with the FTC - are they now coming after affiliates and vendors of products ? It sure sounds like it. Please read these posts from Frank Kern, Chris Rempel and Michel Fortin.

Please comment here afterwards because this is a very serious subject for everyone here.

Thank you.

[Josh Anderson]

Maybe you should read or search the warrior forum a little more often...

We have been discussing this subject for months... back when the changes were proposed and now again since the changes have been made:

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

An FTC thread that you REALLY should read

FTC Publishes Final Guides Governing Endorsements, Testimonials

Maybe this can be the "ftc thread links" thread ;-)

[winebuddy]

Hi Ken,

If you do a search you will discover that this has been hashed and rehashed here over the last 3 or 4 days.

Mike

[Jason_V]

winebuddy was being shy about not showing his thread he started:

FTC - why can't I just tell MY story...

[ppcpimp]

OP - you are correct in some sense and it has nothing to do with the recent FTC ruling. A few months back the FTC made its first large scale sweep of affiliates when it dog piled on Oprah's Harpo group/IL AG law suit. There were 50+ affiliates and advertisers that I know that were caught up in it and there are a ton more that were not named but could be named later. I think you will keep seeing FTC guidelines being handed down over the next year or two that will effect everyone in affiliate marketing. But if you look at the FTC's history I don't believe you have to worry about them running anyone that means well out of business. They will make an example out of the most aggressive and then set guidelines for people to play by.

I would be far more worried about a state AG, who is up for re-election, going nuts over a single issue in hopes that it makes them look like they are protecting the citizens of his/her state (just trying to get votes). You can bet that's what the Illinois state AG will be singing next year during the election run for the AG seat.

[Josh Anderson]

Below is a nice list of threads, articles, blog posts etc that I have found useful in understanding and digesting the issues and non issues surrounding the new guidelines:

Here are the discussions, articles, and blog posts that I have bookmarked which I feel provide the best insight into the real issues and help filter through the "sky is falling" panic a lot of people have had over this lately because they don't know what to do to comply:

The actual FTC rules:

FTC Publishes Final Guides Governing Endorsements, Testimonials

Frank Kern's opinion on the new testimonial rules:

http://masscontrolsite.com/blog/?p=59

Claimed clarifications on the $11k fine threat (don't trust this at all because they can enforce without warning too)

FTC Responds to Blogger Fears: "That $11,000 Fine Is Not True" | Slipstream | Fast Company

More discussion about the "$11k per violation" threat:

http://www.warriorforum.com/main-internet-marketing-discussion-forum/132215-ftc-backs-down-just-kidding-about-11-000-fine.html

One lawyer's point of view on the ftc guidelines:

New FTC Rules for Testimonials and Endorsements in Marketing

Some layman's point of view and discussion:

http://www.warriorforum.com/main-internet-marketing-discussion-forum/132203-ftc-thread-you-really-should-read.html

More layman point of view discussion:

http://www.warriorforum.com/main-internet-marketing-discussion-forum/131147-ftc-publishes-final-guides-governing-endorsements-testimonials.html

Frank Kern sharing what its like to be sued by the FTC:

http://masscontrolsite.com/blog/?p=57

Someone else sharing what its like to be sued to death by the FTC:

http://www.warriorforum.com/main-internet-marketing-discussion-forum/133433-ftc-sued-me-out-business-two-years-ago-yesterday-here-my-story.html

The common theme in those two stories is that its guilty without a chance of proving innocence...

And since I am sharing legal discussions... also read this one from an attorney about new legal precedent for TOS and Privacy Policies:

http://www.warriorforum.com/main-internet-marketing-discussion-forum/130422-web-law-alert-re-privacy-policy-tos.html


Hope that helps :-)


P.S. Frank Kern sent this email to his email list with the email subject "WARNING (duh)" which I just loved:

Warning #1: The results in this new video are NOT typical,
but they are still cool.

Warning #2: You have to opt in to watch it (the horror!).

Warning #3: If you buy something as a result of watching this,
I'll get paid money and I will almost certainly squander it on
shiny things (or candy, or something equally stupid).

With that said, this is an awesome video about a NEW and
exciting way to make some serious dinero.

Here is my cleverly disguised affiliate link:
How To Make A LOT of Money With No List and No Product
Talk soon,
Frank

If you understand the guidelines you will have an appreciation for Frank's humor as he attempts to comply with them in a lighthearted manner. I think there is something we can learn there.

[Information Publishing]

That email above of franks is funny, all this FTC stuff sure makes me nervous and I do not even live in the USA, I am from the UK, do your laws affect me at all if I am selling across the pond?

[pcpupil]

Yup,im on Franks list also and recieved that email as well.i also went to his site and red the last blog post.

Allen,we need an All In One for the FTC threads already.What ya think?
Matt

[Josh Anderson]

Originally Posted by Information Publishing

That email above of franks is funny, all this FTC stuff sure makes me nervous and I do not even live in the USA, I am from the UK, do your laws affect me at all if I am selling across the pond?

Have you ever heard about "black helicopters" swarming and commandos "renditioning" people and sweeping them away to foreign countries outside of the reach of the Geneva Convention?

Just be good man... just be good... and sleep well

[Jill Carpenter]

A report I just read (would hand it out but don't have permission) basically stated that the FTC will rely on consumer reports and filings. They really won't just come after you. They don't have the man power to do it.

That being said, if you are small potatoes you probably won't see anything unless you do something to really pi55 someone off.

I'm not a lawyer. I'm not saying don't do anything. Just saying do your best to comply and you should not get too freaked out over this thing.

I on the other hand have many things to fear (evil people) so I will be adding all kinds of additional paperwork to my sites and it will become part of a site checklist so I can just get on with things.

For anyone who provides me with a review copy of their work in the future, I will be stating in my testimonial somewhere ever so gently that I was given a review copy so your testimonials will comply.

Geeze, I really hate reading the mumbo jumbo, but I highly encourage all affiliates to do so. This should not prevent you from taking action or selling stuff. Just chalk it up as an extra plugin or addon you really want on your sites.

[Josh Anderson]

Originally Posted by avenuegirl

A report I just read (would hand it out but don't have permission) basically stated that the FTC will rely on consumer reports and filings. They really won't just come after you. They don't have the man power to do it.

I suggest you read the two stories from people they did come after linked to in my post above...

They relied on consumer reports in Frank's story... it did not matter that those reports were not filed against him but rather independent resellers of his product.