Any one got affected by the new FTC law?

[blackDanny]

The law regarding about testimonials... anyone got affected by it?

Also, if I'm outside of America and Europe, will I be safe?

[sahi]

Not yet heard of anyone being affected. I think if your hosting is outside USA, then you are safe but I'm not sure as I'm not a lawyer. Better check some other threads on this FTC topic.

[Tsnyder]

The new regulation isn't in effect yet... nobody has been affected.

Tsnyder

[seasoned]

REMEMBER, for one, that most people here are NOT "outside of america". If you are in the deepest regions of africa, have only ONE internet connection, have your OWN server, but use Clickbank, you might as well be in NEW YORK CITY, NY, USA!!!!!!

If the FTC doesn't demand it, Clickbank certainly should, and probably WILL!!!!

Hey deal with Amazon? PAYPAL? Paydot.com? SAME THING!

It is only the next logical step, to existing laws. The BIG guys have been offering that they had actual records, etc... Even some online companies have been doing that for a while.

Steve

[Gene Pimentel]

This doesn't take effect until December 1.

[Nic Lynn]

You've got a few months to adjust yet. I think most people will be able to adjust to detailing typical results in that time. If someone can't, they are most likely "scammers" rather than IMers.

[Elmer Hurlstone]

The new regulation isn't in effect yet... nobody has been affected.

This doesn't take effect until December 1.

Au contraire, mes amis!

Gene and Tsnyder,

Granted, the "FEDERAL TRADE COMMISSION 16 CFR Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising" has an effective date of December 1, 2009.

But to imply that we have not, so far, been affected is not entirely correct.

We've seen several popular posts on the subject on this forum. We've all received several emails pointing us to blog posts offering opinion–and conjecture as to the effect the guides will or may have on the way we do business.

I received two emails yesterday—Sunday, a usually slow marketing email day—promoting a new product. A set of compliant legal forms, written by a respected internet law attorney.

One of the emails, placed directly above the buy link, contained this disclaimer:

"Here's my affiliate link to the Legal forms generator. If you don't
have it, please pick up your copy now:"

In addition many of us have given a fair amount of thought to "how's this gonna affect me?" and "what's this gonna do to me?"

Those are just our "printable" thoughts!

So, to answer the OP's first question, "Yes, I've been affected!"

Elmer Hurlstone

[phil.wheatley]

Elmer is right, I think it's a case of complying from this very minute. The main thing with the testimonials it seems is not to claim specific RESULTS the buyer can expect, it is better to keep them more general like "I bought the product and I was very happy with it", unless I'm mistaken. It does make you wonder whether it's better to just avoid testimonials, but the problem is I ALWAYS look at what others say about a product, there's no doubt it does influence your buying decision....or am I just easily led, man I'm a sucker for those sales letters ;-)

Phil

[Gene Pimentel]

Good Point Elmer. I didn't know you were French.

Originally Posted by Elmer Hurlstone

Au contraire, mes amis!

Gene and Tsnyder,

Granted, the "FEDERAL TRADE COMMISSION 16 CFR Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising" has an effective date of December 1, 2009.

But to imply that we have not, so far, been affected is not entirely correct.

We've seen several popular posts on the subject on this forum. We've all received several emails pointing us to blog posts offering opinion–and conjecture as to the effect the guides will or may have on the way we do business.

I received two emails yesterday—Sunday, a usually slow marketing email day—promoting a new product. A set of compliant legal forms, written by a respected internet law attorney.

One of the emails, placed directly above the buy link, contained this disclaimer:

"Here's my affiliate link to the Legal forms generator. If you don't
have it, please pick up your copy now:"

In addition many of us have given a fair amount of thought to "how's this gonna affect me?" and "what's this gonna do to me?"

Those are just our "printable" thoughts!

So, to answer the OP's first question, "Yes, I've been affected!"

Elmer Hurlstone

[sashas]

Originally Posted by seasoned

REMEMBER, for one, that most people here are NOT "outside of america". If you are in the deepest regions of africa, have only ONE internet connection, have your OWN server, but use Clickbank, you might as well be in NEW YORK CITY, NY, USA!!!!!!

If the FTC doesn't demand it, Clickbank certainly should, and probably WILL!!!!

Hey deal with Amazon? PAYPAL? Paydot.com? SAME THING!

It is only the next logical step, to existing laws. The BIG guys have been offering that they had actual records, etc... Even some online companies have been doing that for a while.

Steve

How are they ever going to prosecute someone outside the United States? They could perhaps make my host shut down my websites and/or Clickbank clsoe my accounts, but they can't make me pay $11k per infraction if I'm sitting on a remote beach in Papua New Guinea.

[garyv]

Originally Posted by sashas

How are they ever going to prosecute someone outside the United States? They could perhaps make my host shut down my websites and/or Clickbank clsoe my accounts, but they can't make me pay $11k per infraction if I'm sitting on a remote beach in Papua New Guinea.

If they shut down your money making account - like clickbank - then what's the difference? You're going to end up paying.

Let's not forget that Google is here too - most of us are nothing without a google ranking.

[Elmer Hurlstone]

Originally Posted by sashas

How are they ever going to prosecute someone outside the United States? They could perhaps make my host shut down my websites and/or Clickbank clsoe my accounts, but they can't make me pay $11k per infraction if I'm sitting on a remote beach in Papua New Guinea.

sashas,

Never underestimate the power, strength and reach of the U.S. government when it gets its hackles up. Ask Roman Polanski.

For many years people regarded the private banking system in the Cayman Islands as a great and safe place to stash money they didn't wish Uncle Sam to know about and therefore tax.

International agreements enacted over the last few years have rendered that, largely, impractical.

Like it or not we live and work in a more internationally interconnected environment than ever before.

Disclaimer: The above statements are not intended in any way to be political. They are observational only.

[debra]

Originally Posted by garyv

If they shut down your money making account - like clickbank - then what's the difference? You're going to end up paying.

Let's not forget that Google is here too - most of us are nothing without a google ranking.

I'm interested in seeing how Google handles the new rules with regards to thier showing adsense on the search results.

Can it be handled by just using a disclaimer policy, linked at the bottom of the page? Or...are we expected to add a line of disclaimer beside each link and buy now button?

[bobsedge]

I don't think that this will have any impact on Google.

No government agency has ever gone after the media delivery channels. Google does have the right to refuse advertising for any reason but I think it would have bigger issues on the free speech front if they started scrutinizing copy. Besides, it would be too big of a task.

Even Craig's List is protected and it was used to commit murder.

[Pat Jackson]

Originally Posted by debra

I'm interested in seeing how Google handles the new rules with regards to thier showing adsense on the search results.

Can it be handled by just using a disclaimer policy, linked at the bottom of the page? Or...are we expected to add a line of disclaimer beside each link and buy now button?

I don't think Google will need to place another disclaimer underneath their ads as they already say "Ads By Google" and it's clear that they are paid ads.

As for our sites, from what I read it says that we need to disclose the relationship between ourselves and the products we are promoting, but how we do so is at our discretion. It does need to be clearly visible, though, so I don't think a disclaimer policy at the bottom of the page would suffice.

I'm hoping some clear examples of this will be around soon as I haven't changed anything yet.