Here's a clever way to tackle those FTC regs head on...

10 replies
The more FTC rules and regulations that advertisers get, the more discouraged some people feel. They say "oh crap!" and then try to figure out how to hide all their disclaimers in the smallest print possible or have a TV announcer deliver the disclaimers as quickly as possible.

So what happens?

Consumers see this teeny tiny print and immediately feel like the advertiser is trying to hide something. And when consumers feel like an advertiser is hiding something, the put their shields up. They don't trust the advertiser. And their wallet is likely to stay in their pocket.

Holy smokes, folks, these "I don't believe you" shields are hard enough to penetrate on a regular day without purposely calling them up with your very own advertising!



So what's a possible solution?

Put your disclaimers front and center. Put 'em on display like a show pony and parade them around the ring!


Veteran marketers already know this and know why it works. But if you're new to all this online marketing stuff, keep reading...


Two things happen when you raise these objections front and center:

1. Your consumers trust you more. And since trust is one of the ingredients needed to make a sale, that trust puts you one step closer to closing the sale.

2. You're raising and handling objections. See, if you just shove your FTC (or other) disclaimers into the fine print, those who notice them are going to get concerned. Wow, look at all these objections... and yet most people don't adequately handle the objections they raise in their fine print.

So you've just given people a reason to NOT buy. Heck, you made their job easy. They didn't want to buy anyway, and you just handed them a reason so they could walk away without any psychological discomfort.




Instead, what you need to do is treat your necessary disclaimers like any other objection. You raise it, you handle it, you answer it. In some cases, that means telling people why this "perceived flaw" may actually be a perceived asset.


***

Example time.

Have you seen those Taco Bell commercials where the woman (Christine) used the "Taco Bell Diet" to lose 54 pounds?

Obviously any "diet" that includes Taco Bell is going to need to include some disclaimers. :rolleyes:

Taco Bell faces 'em head on. Christine explains how she lowers her daily categories and then replaces her regular drive-through foods with select items from Taco Bell. (Note: The "fine print" in the commercial goes into even further detail, explaining exactly how many calories she ate per day, etc.)

Now the biggy -- the ad needs to say these results aren't typical. Instead of hiding this disclaimer in the microscopic print, Christine addresses it. She says something along the lines of...

Now these results aren't typical, but for me they're fantastic!


Now, someone who hears this might just focus on the word "fantastic" -- and they have to agree, Christine's results are fantastic. It makes them wonder if they can get the same fantastic results.

But here's something else to consider...

Your consumers think they're SPECIAL. Some may think they possess a something a little out of the ordinary. Some may have faith in themselves that they can achieve what they put their minds too. But they all feel special (or they WANT to feel special).

Now consider the "results not typical" thing in relation to people wanting to feel special.

You could play this up. Your ads could come right out and say that results are not typical and only "special" people will get these kind of results.

(Note: Taco Bell walked up to this pool but didn't dip a toe in it. You can.)

Now, you'd need to run your ads by a lawyer to ensure they comply with FTC regs. But imagine telling people:

1. Exactly what you did to achieve your results.
2. Exactlly what others did to achieve their results.
3. Results aren't typical.
4. And because results aren't typical, don't even bother order if you're a "typical" person.

Example: "If you're lazy, don't bother. If you expect a butler to serve everything up to you on a silver platter while beautiful women massage your feet, don't bother. This isn't for you. It won't work for you...

But if you're the type of person who [insert "special" qualities here], then I urge you to try out this program..."



***


You'll note that some copywriters and marketers regularly use this sort of copy. If you don't yet use it -- and if you're under the FTC regs -- now might be the time to start testing it, too.

Bottom line: Consider raising and handling the required FTC disclaimers right in your main copy. You might be surprised at the results.

Just something for you to ponder...

Cheers,
Becky

P.S. I kept things generic with regards to actual FTC regs because I'm not a lawyer and I don't play one on TV. Run your copy by your lawyer to make sure you're compliant with necessary regs.
#clever #ftc #head #regs #tackle
  • Profile picture of the author oneplusone
    Nice post.
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    'If you hear a voice within you say "you cannot paint," then by all means paint and that voice will be silenced.' Vincent Van Gogh.
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  • Profile picture of the author Kurt
    Hey Becky...

    When I first saw that Taco Bell commercial, I thought the exact same thing, what a great way to deal with the disclaimer.
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    • Profile picture of the author R Hagel
      Originally Posted by Kurt View Post

      Hey Becky...

      When I first saw that Taco Bell commercial, I thought the exact same thing, what a great way to deal with the disclaimer.
      Hi Kurt,

      I just love the way they handled that commercial. If they would have shoved all the legal stuff in the fine print, a lot of people would roll their eyes and ignore their commercial. But to face it head on is SO much more powerful.

      Every time I hear her deliver the "results not typical" disclaimer, I focus on the word fantastic. I think (I'll need to check again) she even does a little gesture with her hands/arms when she says the word "fantastic." Subtle.

      Cheers,
      Becky
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      • Profile picture of the author Steven Wagenheim
        Becky, I do have to clarify one thing that I didn't notice in your post. Maybe
        I just missed it.

        With testimonials, you can no longer say "results not typical". You have to
        do either one of two things.

        The one you mentioned, detail exactly what the person did to achieve those
        results, such as "ate fewer calories, exercised, etc."

        However, if you don't do that, then you must disclose exactly what the
        typical results are.

        This seems to be the big sticking point of the whole FTC thing because, let's
        be honest, who really knows what the typical results are? I sure don't, not
        with thousands of ebooks sold and only a handful of people ever getting
        back to me.

        So any testimonial you do use must fully disclose what the person did
        because "results not typical" isn't going to cut it anymore.

        Just wanted to clarify that.
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        • Profile picture of the author Dan C. Rinnert
          Originally Posted by R Hagel View Post

          Every time I hear her deliver the "results not typical" disclaimer, I focus on the word fantastic. I think (I'll need to check again) she even does a little gesture with her hands/arms when she says the word "fantastic." Subtle.
          I thought she was saying "fabulous."

          Originally Posted by Steven Wagenheim View Post

          This seems to be the big sticking point of the whole FTC thing because, let's
          be honest, who really knows what the typical results are? I sure don't, not
          with thousands of ebooks sold and only a handful of people ever getting
          back to me.
          Typical results are that they skim them, tuck them away on their hard drive and then keep looking for that mythical, magical Internet ATM machine...
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  • Profile picture of the author cyberws
    Thanks for such a thoughtful and intelligent post. Well done!
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  • Profile picture of the author R Hagel
    Hi Steven,

    Thanks for the clarification.

    I didn't go into the exact FTC regulations in this post so that we wouldn't have lay folks jumping in to interpret law or have people start asking legal questions on this thread. (I cringe when people ask legal questions on this forum, esp when I read some of the answers. )

    Instead, I recommend that folks talk to their lawyers about how to comply with the FTC regs. And once they know what disclaimers they need to put on their site and in their ads, consider parading those disclaimers around like show ponies rather than hiding 'em in the fine print.

    Cheers,
    Becky
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    • Profile picture of the author Sylonious
      I have split tested a few different disclosure methods and I found out:

      1. Disclosing in your affiliate links (in certain markets) will kill your conversion rates.

      at the end of a long review I put:

      Recommended Products From Article:
      Product Name - To Learn More Visit Our Affiliate
      If you are trying to build trust that is probably the worst thing you could do.

      2. Doing any of kind of disclosure without explaining yourself will lower your conversion rate in most markets.

      These affiliate buttons that people put on their blogs aren't bad. They will work just fine in the Internet Marketing niche. Everyone just assumes that you are affiliated with the product anyway so it really doesn't matter.

      But if you are trying to sell acne products or fishing equipment then I think you're conversion rates will dip a little bit.

      2. Disclosing within the body of your article (above or close to the fold) is probably the best solution for the following reasons:

      1. Skimmers will probably miss it.
      2. If done correctly they will trust you even more.
      3. It's bulletproof. It looks like you are being extremely upfront and honest.
      4. Your conversion rates could increase if you soften the disclosure properly.

      However, you must do it right. If you're not going to do it correctly then you are probably better
      off with that disclosure button on your website.

      I use Steven Wagenheim's Affiliate Disclosure method. I don't know this guy and I'm not an affiliate of his and to be quite honest I wasn't really impressed with his method when I first read it. However, the stats don't lie. I tracked time on page, and conversions and his method worked the best.

      Originally Posted by R Hagel View Post

      Instead, I recommend that folks talk to their lawyers about how to comply with the FTC regs. And once they know what disclaimers they need to put on their site and in their ads, consider parading those disclaimers around like show ponies rather than hiding 'em in the fine print.
      Speaking to a lawyer about these new regs will cost you $500. It also gives people a false sense of security. There was a webinar last summer where a BIG-TIME guru told listeners that all they had to do was put up their affiliate disclosures on their terms of service page and that a LAWYER told him to do it.

      That's not true at all.

      The disclosures must be on each page where a recommendation or endorsement is made.

      That's why I think it is better to listen to the creator of these new regulations, Richard Cleland.

      He's the guy who made the new rules an he is the guy who will come after you if you break the new rules.
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  • Profile picture of the author Sylonious
    It looks like most of the big companies are starting to comply to these new regulations on testimonials. You combine this with the fact that re-billing CPA offers are being shutdown by Visa and MasterCard and it looks like the FTC's plan to clean up the industry is actually working.
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