Shady use of disclaimers and blank space in emails

14 years ago

I am no lawyer (I only play one on TV) but I would say even if it is legal its pretty shady

Is that really how you want to build your business?

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KevL

14 years ago

Originally Posted by Aussie_Al

I am no lawyer (I only play one on TV) but I would say even if it is legal its pretty shady

Is that really how you want to build your business?

No it's not particularly how I would want to run my business - but then again, I personally also wouldn't want to make claims so bold that would require a diclaimer which effectively says "ignore the claims I just made up there" :rolleyes:

Cheers

Kev

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Tina Golden

14 years ago

I think marketers can go to extremes with this tactic and some may do it for sketchy reasons. However, I did see a reason recently which at least made more sense to me. It was here on the forum somewhere but the guy said it made the email look more like a personal email. At least, that has some validity to it.

But when it's extreme, like scrolling 2-3 pages to get to it, that's just ridiculous.

Tina

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N4PGW

14 years ago

Originally Posted by TMG Enterprises

I think marketers can go to extremes with this tactic and some may do it for sketchy reasons. However, I did see a reason recently which at least made more sense to me. It was here on the forum somewhere but the guy said it made the email look more like a personal email. At least, that has some validity to it.

But when it's extreme, like scrolling 2-3 pages to get to it, that's just ridiculous.

Tina

On of the IM Teachers in a webinar said to put in just enough space to get the 'unsubscribe link' off the screen away from the main text. The reason is that many readers skimming the email will click on it by mistake and accidentally unsubscribe. She used a one-click unsubscribe service. Aweber and RapidResponseBot (the one I use) both have the link go to an option to change settings or unsubscribe.

As for the disclaimer, forget it. That should not be there if at all. If one is needed, it needs to be at the place it reflects on.

Since I first remarked on this thread this morning I received an email with three lines at the top and very many pages down to the unsubscribe link. To top it off, the link went to a sales page with no sign of having unsubscribed. I tested it the second time and the site said "not found" so I guess it unsubscribed, but you couldn't tell it. lol

One more problem with this practice.... If you email has worthwhile information on it, then some people will print it to place in a book for easy reference later. It ticks me off to print a 1/2 page email and find my printer dumped 40 blank pages out behind it. Some of us pay for service on our printers by the page. That is not nice.

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dougp

14 years ago

Why are you asking for legal advice on a forum? The answers you get will most likely come from individuals who are not practicing law. Also, to answer your question, NO, i dont care if the unsubscribe link is at the far bottom, all i care about is that they have one.

Doug

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KevL

14 years ago

Originally Posted by dougp

Why are you asking for legal advice on a forum? The answers you get will most likely come from individuals who are not practicing law. Also, to answer your question, NO, i dont care if the unsubscribe link is at the far bottom, all i care about is that they have one.

Doug

When did I ask for legal advice? I asked as a passing comment at the end of the thread "does anyone know if this even legal" I don't think that quite constitutes as asking for legal advice, I was simply asking does anyone know if it's legal......

If I wanted legal advice, I would contact a lawyer

Also - I wasn't talking about the unsubscribe link being at the bottom, I mentioned that to see if this is something people regard as standard practice - but the main point I was making, was about making bold claims, then using a disclaimer, and putting this with the unsub link way at the bottom of the email.

Cheers

Kev

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hometutor

14 years ago

Originally Posted by KevL

No it's not particularly how I would want to run my business - but then again, I personally also wouldn't want to make claims so bold that would require a diclaimer which effectively says "ignore the claims I just made up there" :rolleyes:

Cheers

Kev

I agree making claims such as that will not lead well to repeat business

Rick

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jdetrovato

14 years ago

I don't really think it matters, since I think most people know to go straight to the bottom to find the 'unsubscribe' link.

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KevL 14 years ago

Originally Posted by jdetrovato

I don't really think it matters, since I think most people know to go straight to the bottom to find the 'unsubscribe' link.

Yes - this is a good point about the unsub link. But my main point wasn't about the unsub link - it was about using bold claims, along with a disclaimer, and hiding the disclaimer way down in the bottom of the mail.

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Kev
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ahlexis

14 years ago

If you're disappointed in what this "guru" has to say, OR in the way that he says it or says any part of the email, you don't have to put up with it.

Forget whether or not it is illegal or not...just hit the unsubscribe link. And then send him a message either via support link or his regular email explaining why.

If enough people are bothered by it and unsubscribe, (s)he'll get the message. Apparently doing business the way (s)he currently does is not painful enough to cause a change.

Or complain to their email account provider. If enough people complain, it will have negative effects on the business model and that model will wither away and die...after all, we're all here to make money, not bang our heads against the wall.

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Shannon Herod

14 years ago

I do not think pushing the unsubscribe link down in the e-mail is shady at all. In fact, I do it in all of my e-mails. The reason is not to hide the unsubscribe link, but to deter people from accidentally clicking the unsubscribe link.

Believe me it happens.

Now, on your second point...

Anybody that is making ridiculous claims deserves to be slapped by the FTC. Unfortunately, they are not going to go after the small people. But, what they are doing in most cases is illegal.

According to the new FTC description of how the law reads, you need to have averages when you stay any claim. I'm not a lawyer or claimed to be, this is just my understanding of it.

So, if people are making outrageous claims and are not backing it up with averages they are involved in illegal marketing practices. In the United States anyway.

So, if the e-mail says I made $50,000 doing this it needs to say right after that ( average user that uses my system makes $1.98)

That's my understanding of how it works anyway. So, if they are making ridiculous claims and then simply putting a disclaimer that "results are not typical" at the bottom they are in the wrong according to the law. again, I am not a lawyer and cannot give you legal advice. This is just my understanding of how it works.

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TheNewGuy2010

14 years ago

Why would you think pushing the unsubscribe link is not shady?Especially when you practice the tactic.:rolleyes: Of course you don't link it's shady.

I like ice cream, therefore I think it's good. No, Really?

If someone accidentally clicks on the link most AR's don't just unsubscribe, you usually get taken to a page where there is another step.

Evey time I unsubscribe from a list, there is also some sort of second step, either a confirmation or something.

Who are you fooling man?

Originally Posted by Shannon Herod

I do not think pushing the unsubscribe link down in the e-mail is shady at all. In fact, I do it in all of my e-mails. The reason is not to hide the unsubscribe link, but to deter people from accidentally clicking the unsubscribe link.

Believe me it happens.

Now, on your second point...

Anybody that is making ridiculous claims deserves to be slapped by the FTC. Unfortunately, they are not going to go after the small people. But, what they are doing in most cases is illegal.

According to the new FTC description of how the law reads, you need to have averages when you stay any claim. I'm not a lawyer or claimed to be, this is just my understanding of it.

So, if people are making outrageous claims and are not backing it up with averages they are involved in illegal marketing practices. In the United States anyway.

So, if the e-mail says I made $50,000 doing this it needs to say right after that ( average user that uses my system makes $1.98)

That's my understanding of how it works anyway. So, if they are making ridiculous claims and then simply putting a disclaimer that "results are not typical" at the bottom they are in the wrong according to the law. again, I am not a lawyer and cannot give you legal advice. This is just my understanding of how it works.

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Shannon Herod

14 years ago

Originally Posted by TheNewGuy2010

Who are you fooling man?

I'm not trying to fool anyone. So everyone reading this... if you want to take the advice of a person that has been here for less than a year with no name go ahead.

But, I will tell you for a fact that there are some auto responders that do not require a second step. You click the unsubscribe link and they are unsubscribed.

I would love to address you by name but since you obviously need to hide behind a made-up forum name I cannot do that.

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Michael Shook

14 years ago

In a paid autoresponder system, there is always a way to unsubscribe and most people know this.

I put white space in my emails for the same reason that Shannon does, and mostly because I unsubscribed from some lists that I wanted to stay on by clicking the wrong link. When the links are all smudged by Aweber and getresponse and others, unless there is some space shoving the unsub link down a bit, it is almost impossible to tell what the link actually does.

The thing with the disclaimers in the emails is the same as with disclaimers on the websites. If the statements are very bold and then taken away by the disclaimers, then I don't particularly like that. But that is just my opinion.

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JohnMcCabe

14 years ago

Y'all might be talkin' about two different animals here.

There's a difference between using just enough white space to push the unsubscribe link below the fold, but still easily found, and using dozens or hundreds of line feeds to bury that link.

The former is easy to understand, the latter is shady and probably counterproductive. You might keep someone on your list, but you turn the BS meter up to high when you resort to tricks like that.

As far as disclaimers go, try reading any large corporation's annual report. State of the art obfuscation, while still meeting the letter of the law...

As far as learning from the 'gurus' by watching what they do, you have to be careful. Most successful marketers are fanatical testers, and the email/page/offer/bribe/etc. you get might be part of a test - the losing part.

Kev, you likely know this, but a lot of new folks don't...

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KevL

14 years ago

Originally Posted by JohnMcCabe

Y'all might be talkin' about two different animals here.

There's a difference between using just enough white space to push the unsubscribe link below the fold, but still easily found, and using dozens or hundreds of line feeds to bury that link.

The former is easy to understand, the latter is shady and probably counterproductive. You might keep someone on your list, but you turn the BS meter up to high when you resort to tricks like that.

As far as disclaimers go, try reading any large corporation's annual report. State of the art obfuscation, while still meeting the letter of the law...

As far as learning from the 'gurus' by watching what they do, you have to be careful. Most successful marketers are fanatical testers, and the email/page/offer/bribe/etc. you get might be part of a test - the losing part.

Kev, you likely know this, but a lot of new folks don't...

Hi John

Yeah that's fair comment.

And, yes I think you're right in that comparison to disclaimers from large companies - the same can be said of disclaimers given in TV / radio advertising, it's true that the big players appear to know exactly what they can get away with, and push as close as they can. There are so many similar examples I could give - for example here in the UK, supermarkets have to give the price per weight - BUT there is nothing to say that they have to use the same measurement - so they mix it up to make it harder for customers to work out which is the best value for money.

With ref watching what the "Guru's" are doing - what I meant by that, is that you can get so much from buying an ebook to learn from someone who is experienced, but I think you can get even more from watching what they do, rather than doing what they say.

Yes you're right to point out that you can't just see an experienced marketer doing something once & follow that, of course. Also it needs to be taken into account that a lot of the Guru's have resources that many of us don't have, large list volumes, staff - whatever the case may be.

But nevertheless I do find that by being on all the lists of the "Guru's" (I don't really like that word but I can't think of a better one) and keeping an eye on the kinds of things they're doing, you can pick up some interesting things.

like in this example though with (oops I nearly said his name then!!) it isn't necessarily something I would copy!

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Kev

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Robert Puddy

14 years ago

Originally Posted by Shannon Herod

I'm not trying to fool anyone. So everyone reading this... if you want to take the advice of a person that has been here for less than a year with no name go ahead.

But, I will tell you for a fact that there are some auto responders that do not require a second step. You click the unsubscribe link and they are unsubscribed.

I would love to address you by name but since you obviously need to hide behind a made-up forum name I cannot do that.

well i have been around here a while, and i say its shady, two line breaks is fine anymore your hiding the link

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Shannon Herod 14 years ago

Originally Posted by Robert Puddy

well i have been around here a while, and i say its shady, two line breaks is fine anymore your hiding the link

It is not about hiding the link it is about separating it from the message. And my response to that person was not about his opinion on the subject. It was about the insinuation he mad in the post.

I usually do not deal with petty complaints of that nature because 98% of my business is in niches out side of the IM niche. People are actually happy when I send an email.

What I find funny is people are ignoring the real issue in the op... Making outrageous claims and then disclaiming them at the bottom... But we know your stance on hype... http://www.warriorforum.com/main-int...ll-starve.html

Shannon
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- KevL 14 years ago
  
  Originally Posted by Shannon Herod
  
  What I find funny is people are ignoring the real issue in the op... Making outrageous claims and then disclaiming them at the bottom..
  
  Yes this is true. I do agree that the main point here is as Shannon says, making outlandish claims & then disclaiming them at the bottom - the argument about whether or not putting whitespace in the email before the unsub link, is right, I think it's very much a personal thing. A lot of people do it, yeah there are various opinions on this, but I think we can all agree that it fades into obscurity when compared to the issue of making over the top claims & then disclaiming them - and pushing he disclaimer out of sight. This is what I think is shady, personally.
  
  Cheers
  
  Kev
  
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N4PGW 14 years ago

Originally Posted by TheNewGuy2010

Evey time I unsubscribe from a list, there is also some sort of second step, either a confirmation or something.

Who are you fooling man?

Maybe for you, but for me, there have been lists where I just wanted to change the email. I have disposable accounts I use to sign up for lists with. When I like a marketer's list, I move it to an email I pay more attention to and read more often.

It ticks me off when there is no 'Edit information' link or when I click it and it immediately responds 'You will never hear from us again!'

RapidResponseBot, Aweber, GetResponse and I think iContact all have multiple click unsubscribes, but there are some that just dump you out in the cold. I feel sorry for marketers who use those services.

Yes, I have accidentally clicked the unsubscribe button mistaking it for the information link. It happened this morning. The second step saved the account, but the product did not, I went back and unsubscribed anyway, but this time by choice.
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KevL

14 years ago

Originally Posted by Shannon Herod

I do not think pushing the unsubscribe link down in the e-mail is shady at all. In fact, I do it in all of my e-mails. The reason is not to hide the unsubscribe link, but to deter people from accidentally clicking the unsubscribe link.

Believe me it happens.

Now, on your second point...

Anybody that is making ridiculous claims deserves to be slapped by the FTC. Unfortunately, they are not going to go after the small people. But, what they are doing in most cases is illegal.

According to the new FTC description of how the law reads, you need to have averages when you stay any claim. I'm not a lawyer or claimed to be, this is just my understanding of it.

So, if people are making outrageous claims and are not backing it up with averages they are involved in illegal marketing practices. In the United States anyway.

So, if the e-mail says I made $50,000 doing this it needs to say right after that ( average user that uses my system makes $1.98)

That's my understanding of how it works anyway. So, if they are making ridiculous claims and then simply putting a disclaimer that "results are not typical" at the bottom they are in the wrong according to the law. again, I am not a lawyer and cannot give you legal advice. This is just my understanding of how it works.

Hi Shannon

Good points.

Yeah, I'd not considered accidental clicks actually, that's fair comment for some autoresponders. And I suppose most people know it's there, and it takes a microsecond to scroll down, so yeah that's fair comment.

Yes what you're saying about the FTC makes sense - but like you say, most web marketers are more than likely flying under their radar ;-)

It just surprised me really to see a known WMer doing this. they may well not even have thought about it, the person in question I'm pretty sure has staff managing their broadcasts & ARs, I'll drop him an email via support anyway.

Cheers

Kev

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Lloyd Buchinski

14 years ago

Enjoyed a couple of your comments Kev.

Actually I don't like loads of white space in an email. It takes up bandwidth. (not much but wasting anything rubs me wrong)

The whole point of it is to make it harder for me to find something. Great point. I'm thrilled about that sort of stuff.

At least for me I don't think it makes the email look more like a personal email. I've never had one with loads of white space.

I'm used to being in a tiny minority and don't mind at all. There might even be exceptions in my in box, but mostly, wham! (That was the sound of my cursor getting slammed down on the unsub link)

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Janice Sperry

14 years ago

I don't really care where the unsub link is as long as it is there. I do think it is terrible marketing and unethical to think you can write whatever you want and then cover yourself with a so-called disclaimer. Valid, honest, legal disclaimers have their place and are necessary in this crazy world. A real legal disclaimer is not used to blatantly contradict something else.

Disclaimer: I am not a lawyer, I am not giving legal advice, I do not know what I am talking about.

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Jeff Henshaw

14 years ago

Putting tonnes of page breaks in below the bottom of your email to push the unsub link waaaaay off the fold, I think is something which is generally accepted as standard email marketing tactics?

One very popular 'top of the range' autoresponder will ban you and close your account if they find that you are doing this.

Jeff.

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KevL 14 years ago

Originally Posted by Jeff Henshaw

One very popular 'top of the range' autoresponder will ban you and close your account if they find that you are doing this.

Jeff.

Really? Which one?

That's interesting, I did wonder if any of them did frown upon this. I've seen loads of people doing this though so I figured I wouldn't be seeing so much of it if the AR's did suspend / ban for this.

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KevL

14 years ago

Originally Posted by Chris Kent

If you look at emails from modern multi-national companies, they are always stuffed with huge disclaimers.

So I don't see why a marketer can't do that himself. Personally I don't think they're worth anything but I can understand a marketer just wanting to protect himself.

Hi Chris,

Yeah disclamers are OK, I don't think anyone is stating that using disclaimers isn't acceptable.

What I was referring too though is marketers who make bold claims which need disclaiming, and then hide the disclaimer down beyond the fold, sticking it down the page with the unsub link, so that you only see the disclaimer if you boher to scroll down.

Cheers

Kev

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sbucciarel

Banned 14 years ago

There isn't a day goes by that there isn't some crap about:

Bad gooroos
Bad Internet Marketers
Shady emails
Lying, BS sales pages
Dishonesty, scams, lies, the Internet is coming to an end as we know it
Google ate my baby

What's the freaking point to all this negativity? Is it making you any money?

Take deep breaths, close your eyes and think positive thoughts and then get back to work.

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KevL

14 years ago

Originally Posted by sbucciarel

There isn't a day goes by that there isn't some crap about:

Bad gooroos
Bad Internet Marketers
Shady emails
Lying, BS sales pages
Dishonesty, scams, lies, the Internet is coming to an end as we know it
Google ate my baby

What's the freaking point to all this negativity? Is it making you any money?

Take deep breaths, close your eyes and think positive thoughts and then get back to work.

I'm not sure what you mean by "all this negativity" we're having a discussion, that those of us who're discussing, find interesting.

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sbucciarel

Banned 14 years ago

Originally Posted by KevL

I'm not sure what you mean by "all this negativity" we're having a discussion, that those of us who're discussing, find interesting.

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Kev

If you don't know what I mean about all this negativity, you haven't read much of the Warrior Forum. It's full of posts like this. All the little pet peeves that every hates today, from general Guru bashing to how people send email, to how often they send email, to products that don't deliver ... the list is endless.

In fact, the discussions are just bitch sessions and have no useful purpose other than to spread negativity. They aren't lessons in how to make money, they don't teach any real marketing principles, they don't accomplish anything really, but heh ... if you find a discussion about white space in emails interesting, go for it, but I'd have to say that you are pretty easily amused.

I think if I owned the forum, I'd just have a Bitch forum that all these posts would have to be posted in so the rest of us could talk about making money without the negativity.

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hometutor

14 years ago

Originally Posted by sbucciarel

If you don't know what I mean about all this negativity, you haven't read much of the Warrior Forum. It's full of posts like this. All the little pet peeves that every hates today, from general Guru bashing to how people send email, to how often they send email, to products that don't deliver ... the list is endless.

In fact, the discussions are just bitch sessions and have no useful purpose other than to spread negativity. They aren't lessons in how to make money, they don't teach any real marketing principles, they don't accomplish anything really, but heh ... if you find a discussion about white space in emails interesting, go for it, but I'd have to say that you are pretty easily amused.

I think if I owned the forum, I'd just have a Bitch forum that all these posts would have to be posted in so the rest of us could talk about making money without the negativity.

Not having experienced such an email yet or perhaps deleting it before opening it, I am now aware that such emails exist along with such methods. This gives me an opportunity to decide for myself whether or not this is a good business strategy for me.

I will agree that I, at times, find the forum frustrating when I post a serious question which gets no attention while a forum thread of who recently gets booted fills up with multiple pages.

Rick

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Lloyd Buchinski 14 years ago

I was a little too stoned one day (hundreds of internet years ago) and couldn't think of the word I wanted while talking to someone. It was about an hour later that it dawned on me the word was 'inarticulate.'

Obviously sbucciarel has never had that problem.

Originally Posted by sbucciarel

if you find a discussion about white space in emails interesting, go for it, but I'd have to say that you are pretty easily amused.

Some of us are just bored, lonely, and have absolutely nothing better to do

Originally Posted by sbucciarel

I'd just have a Bitch forum

Enjoyed that too. It's good enough that it might make quite a good sub forum some where.

I sometimes read threads just for information, but sometimes they stand out just for their literary value. Enjoyed a few parts of this thread.
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KevL

14 years ago

Originally Posted by sbucciarel

If you don't know what I mean about all this negativity, you haven't read much of the Warrior Forum. It's full of posts like this. All the little pet peeves that every hates today, from general Guru bashing to how people send email, to how often they send email, to products that don't deliver ... the list is endless.

In fact, the discussions are just bitch sessions and have no useful purpose other than to spread negativity. They aren't lessons in how to make money, they don't teach any real marketing principles, they don't accomplish anything really, but heh ... if you find a discussion about white space in emails interesting, go for it, but I'd have to say that you are pretty easily amused.

I think if I owned the forum, I'd just have a Bitch forum that all these posts would have to be posted in so the rest of us could talk about making money without the negativity.

Ah OK - yeah fair enough.

To be honest, I don't really spend a great deal of time on here, I come on here when I have a specific need, or for a bit of learning / research, so I usually ignore the kind of posts you're talking about.

Although - from my experience on here, pretty much EVERY thread turns into bitching & squabbling at some point, even if the op wasn't about a bitchy subject. Some warriors just like a fight!!

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sbucciarel

Banned 14 years ago

Originally Posted by KevL

Ah OK - yeah fair enough.

To be honest, I don't really spend a great deal of time on here, I come on here when I have a specific need, or for a bit of learning / research, so I usually ignore the kind of posts you're talking about.

Although - from my experience on here, pretty much EVERY thread turns into bitching & squabbling at some point, even if the op wasn't about a bitchy subject. Some warriors just like a fight!!

LOL ... guess that's why they're called Warriors. I've had a bitchin day myself otherwise I probably would have just ignored this thread, so carry on.

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Gary King 14 years ago

Originally Posted by sbucciarel

LOL ... guess that's why they're called Warriors. I've had a bitchin day myself otherwise I probably would have just ignored this thread, so carry on.

Hope tomorrow is better for you Suzanne!

Gary
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KevL 14 years ago

Originally Posted by sbucciarel

LOL ... guess that's why they're called Warriors. I've had a bitchin day myself otherwise I probably would have just ignored this thread, so carry on.

Haha, yeah that's a point - or maybe it should be changed to "TheBichingForum" doesn't really work does it?

Cheers

Kev
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CDarklock 14 years ago

Originally Posted by sbucciarel

Google ate my baby

Google is run by dingos?
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"The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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- sbucciarel Banned 14 years ago
  
  Originally Posted by CDarklock
  
  Google is run by dingos?
  
  Yes ... haven't you heard?
  
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- N4PGW 14 years ago
  
  Originally Posted by CDarklock
  
  Google is run by dingos?
  
  No, zombies.
  
  BTW, where is your newest version of zombieblogging?
  
  Thanks
  
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N4PGW

14 years ago

Darn you, Suzanne, you have a terrible way of stating the obvious!

First of all, the OP had a legit question wondering about what the practice is, but the conversation is, as you say, a negative draw that takes our focus, time and energy away from making money and into complaining.

Yes, I fell for it.

No offense to the OP, but I've wasted enough time here and need to focus on making money!

Thank you, Suzanne!

Buck

Originally Posted by sbucciarel

There isn't a day goes by that there isn't some crap about:

Bad gooroos
Bad Internet Marketers
Shady emails
Lying, BS sales pages
Dishonesty, scams, lies, the Internet is coming to an end as we know it
Google ate my baby

What's the freaking point to all this negativity? Is it making you any money?

Take deep breaths, close your eyes and think positive thoughts and then get back to work.

Thanks

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samoyin

14 years ago

This is rather an interesting issue as I seem to have streams of such emails but then I thing its better have the unsub link really close to the end of the email.

On the other hand its left for the recipient to decide what to do with the mail.

In most cases I rather ignore such emails that make WILD claims that are
too good to be true.

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N4PGW

14 years ago

I don't have the link, but I am sure someone can give it, but the FTC regulation (which only apply to the USA) says a lot about what to expect that I never hear in the IM circles.

One thing considered is what is being said in the disclaimer. Whether or not it is close to the comments and/or the price, whether it is in an unrelated area of the article or not and whether the results could legitimately be accomplished by the reader or purchaser.

So, hiding the disclaimer below the fold is a red flag for the FTC. Selling a product saying how I made $2 million in a month using adwords arbitrage (a practice that no longer works with Google) is high risk because the results cannot be duplicated today by the buyer or reader.

There is a lot more, but to be honest, if anyone who has a fair understanding of the English language reads the regulations, they will understand how to avoid raising the red flags.

Originally Posted by KevL

Putting tonnes of page breaks in below the bottom of your email to push the unsub link waaaaay off the fold, I think is something which is generally accepted as standard email marketing tactics?

I'm on the lists of most well known web marketers (best way to learn more is to watch what the best are doing, rather than listen to them when they tell you what they think you should do

) and I can see that this is a tactic most use - and it makes sense, if it's not against the canned spam rules, then why put your unsub link within easy reach? Fair enough.

So personally I'm not classing this as Shady - but it would be interesting to see what others think.

BUT - (this is what I'm classing as shady) how about when marketers make very bold claims in the email, which they then counter with a pretty strong disclaimer - and this disclaimer is grouped with the unsub link - waaaaaay down at the bottom of the email, a long scroll away.

One well known marketer AKA "GURU" does this in every email. In the one I've just received now, which prompted this thread, he makes some bold claims, he doesn't say this "may" or "could" .... he says "this WILL...", so it's quite bold claims - and he then covers his ass with a disclaimer, but the disclamer is hidden with the unsub link way beyond the fold.

Does anyone know if this is even Legal?

Cheers

Kev

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KevL

14 years ago

Yeah, I'm sure it is against FTC regulations. I'm in the UK so they dont' apply here, but there's the ASA here, and they're pretty similar I think in respect of claims & disclaimers.

Although, here in the UK, as I'm sure it is in the US, the big corporates know how to play it close to the line. There's a TV ad running at the moment which claims that 70% of men prefer some product, and then in the small print which flashes up below, of course with as little attention drawn to it as possible, it states that this was from a pole of 40 people.....Haha.

Originally Posted by N4PGW

I don't have the link, but I am sure someone can give it, but the FTC regulation (which only apply to the USA) says a lot about what to expect that I never hear in the IM circles.

One thing considered is what is being said in the disclaimer. Whether or not it is close to the comments and/or the price, whether it is in an unrelated area of the article or not and whether the results could legitimately be accomplished by the reader or purchaser.

So, hiding the disclaimer below the fold is a red flag for the FTC. Selling a product saying how I made $2 million in a month using adwords arbitrage (a practice that no longer works with Google) is high risk because the results cannot be duplicated today by the buyer or reader.

There is a lot more, but to be honest, if anyone who has a fair understanding of the English language reads the regulations, they will understand how to avoid raising the red flags.

Thanks

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SEO Kev
Small business SEO / Web Marketing Tips.

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Shady use of disclaimers and blank space in emails

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