Bloggers, Marketers & Affiliates Beware! FTC Has Laid The Smackdown!

UPDATE: As of 12AM 10/6/09:
Since the passing of this FTC bill, I have since come across a few Internet Marketers & their sites who have taken the FTC regulations seriously and are already starting to comply with some of the rules.

Guys, it's so simple. I won't name the sites, but I will provide you with the content of what is "NOW" being disclosed clearly & precisely on their sites right on the Sales Page (MAIN PAGE), with Asterisks (meaning they were added & relate to some point being made within their sales page) & subscript numbers, etc.

Full Disclosure will now become the norm!!! This is some of the legalese that was clearly placed on a sales page disclosure section:

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1. MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

** TO PROTECT THE PRIVACY OF THE TESTIMONIAL GIVER, IMAGE OF TESTIMONIAL IS FOR REPRESENTATION OF THE TESTIMONIAL GIVER AND NOT OF THE ACTUAL TESTIMONIAL GIVER. ALL TESTIMONIAL TEXT IS REAL AND LEGITIMATE.

Overall, there are still issues with the 2nd statement in the disclosure, but as you can see, it's already starting. The good thing is that the owner of this product clearly stated that the "IMAGE OF Testimonial is for representation of the testimonial." The problem is that it doesn't clarify if the image is of a real person, & contradicts the statement stating the "testimonial test is real and legitimate"

The whole key to Disclosures from a Fraud & Forensic Investigation perspective is to have an audit trail of fact based information. If you don't have that, & it's not clear, you will be liable to offenses of $11,000 per offense. Just be truthful & accurate people!

Today, the Federal Trade Commission has passed guidelines on Advertisers & how endorsements, bloggers, & testimonials must adhere to new standards. Fines will be $11,000 for each offense.

I'm personally glad about this, whereas, it's about time something was done of all the False Product Testimonials, inaccurate information, and "Claims" of making millions without disclosing actual facts when confronted.

It has gone on for far too long for these crazy claims where too many people can't produce the results that they portray. Also, what will be happening soon as well, is Affiliate Marketers must disclose that if they:
1. Are an affiliate marketer
2. If they have received payments or freebies from promoting the product
3. To clearly disclose the results that a consumer can expect.

What I think will be happening as well, is that there will be a crack down on ridiculous statements such as "Not everyone will receive same results" kinds of statements, whereas, a person (not the owner) promoting who claim results will have to prove it & be very clear in disclosing it.

For enforcement, you will definitely see a crack down by the FTC, but it will mostly be up to the people who will have to report infractions. This means, marketers who BS their sales letters, have testimonials of people who never even used there product will be called out openly & publicly. Expect to see tons of Consumer Reporting & Rip Off report Sites go on the rise!


Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides - which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as "results not typical" - the revised Guides no longer contain this safe harbor.

Now, some may disagree with the FTC whereas, free speech & constitution issues, however, this is about protecting the people. The fact of the matter is that it's too easy to Scam, vs. providing a Product or Service that actually works. We need to bring more truth not only to the country but also the world.

Bottom line, if your product produced results for you, you better be able to clearly back that up, otherwise, don't complain about refunds!!

It's about time we bring quality of service and level of effort back to our work ethics. But that's just my opinion on that matter.

I'll definitely tell you though, I'm definitely scrutinizing every new sales letter, product, promoter, just in HOPES I can find some false claims.

What are your thoughts?

New FTC Guidelines Here