The FTC and Copywriting

Here's the thing Brian...

The FTC have DELIBERATELY set out confusing guidelines so they can go after pretty much anyone they want.

What is beginning to prevail is the common sense test.

If you have to ask yourself, "is this okay?", then don't use it.

The reason you think a lot of the hypey stuff is borderline illegal is because it is, and the FTC can destroy those sites if they ever get big enough.

They're really starting to get their hands into the online arena. So unless you've got an amazing lawyer - or even if you do - I advocate you make every word of your copy ethical, congruent, and above-board.

It'll also help you sell more.

I know that's not the clear-cut solution you want, but there isn't really one to give. The FTC have made things very murky deliberately.

-Daniel

Have a look at:

Last Warrior Standing | The New Rules For Kicking Ass and Cashing In

(Not a recommendation as I haven't bought, but it seems to be what you're after)

Thanks guys for all of the suggestions. Unfortunately, I cannot afford the Last Warrior Standing as of now, but will try to get it in the near future.

I'm just concerned with writing for a client and not knowing what exactly is considered misleading. I mean, when a client tells you what their product does, etc, how do you know that is is indeed true? Will you be held accountable if it isn't?

Brian

There are some available FTC guidelines converning the use of endorsements and testimonials in advertising.

For more information, see:

FTC Publishes Final Guides Governing Endorsements, Testimonials

and:

http://www.ftc.gov/os/2009/10/091005...mentguides.pdf

Hope that helps you out.

Your own marketing material and reputation will determine what type of clients you get, so make sure it's all congruent with who you want to attract. Then, before you take anyone on as a client get on Skype with them and have a chat - if anything doesn't seem right or you get a bad feeling, thank them for their time and tell them you don't think you'd be a good match.

And when you do your own research on the client, the market, the claims he's making, etc. be on the lookout for any red flags. Check if the market has any governing/regulatory agencies to make sure you stay the right side of them. If you're worried about anything you're going to say in an advert either don't say it, or consider dropping the project entirely.

You can cover it in your contract: have a clause that says your client is responsible for the accuracy and legality of everything in the ad, have a "Hold Harmless" clause that says if your client gets sued he can't sue you, and an "Indemnification" clause that says if you are named as a party in legal action your client will cover your costs and any awards against you (obviously have a competent lawyer handle all this).

Also you can get insurance to cover you against anything like this.

Most people in the world are completely honest (it's what the scammers rely on) so with a bit of due diligence this really shouldn't be a problem for you, especially as you're aware of it.

Thanks a lot, fellas.

Brian,

Burn this question into your brain:

"What is the net impression of a reasonable consumer?"

FTC POLICY STATEMENT ON DECEPTION

Advertising FAQ's: A Guide for Small Business | BCP Business Center