FTC BACKS DOWN - Just Kidding About the $11,000 Fine!
OK now this is just plain confusing!
In case you don't know the situation, it's been WIDELY reported that the FTC will leverage fines up to $11,000 per violation of their new testimonial and endorsement guidelines which target bloggers and other Word of Mouth marketers.
Here's one story: Washingtonpost - FTC Values Sponsored Conversations at $11,000 Apiece
Here's the overview from the FTC, which I could swear also mentioned the $11,000 fines but now it's gone. FTC Publishes Final Guides Governing Endorsements, Testimonials
HERE IS THE NEW INFO - THEY RETRACT THE FACT THEY'LL BE FINING $11,000
FTC Responds to Blogger Fears: "That $11,000 Fine Is Not True"
"That $11,000 fine is not true. Worst-case scenario, someone receives a warning, refuses to comply, followed by a serious product defect; we would institute a proceeding with a cease-and-desist order and mandate compliance with the law. To the extent that I have seen and heard, people are not objecting to the disclosure requirements but to the fear of penalty if they inadvertently make a mistake. That's the thing I don't think people need to be concerned about. There's no monetary penalty, in terms of the first violation, even in the worst case. Our approach is going to be educational, particularly with bloggers. We're focusing on the advertisers: What kind of education are you providing them, are you monitoring the bloggers and whether what they're saying is true?" |
"There is some vagueness....The bloggers have to look at how they do their blogging, their business practice, and figure out the way that consumers will best get the message that this is a sponsored post. In terms of clear and conspicuous, the criteria there is that the consumers will notice the disclosure. Disclosures can be made in different ways, whether you make it outside of the text but in proximity to blog, or incorporate it into the blog discussion itself--those are the issues that bloggers will have discretion about." |
Here's another article about it.
FTC: Actually, We Don't Really Mean That Stuff About $11,000 Non-Disclosure Fines
So... do you think they are back peddling or do you think all the initial news reports about the fines were wrong?
At any rate I think you still need to be careful and disclose, but things are a little more clear now after reading the Fast Company Article.
FYI Here is a NIFTY little Disclosure Policy Generator you can use.
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I have been around a long time on the Internet. You can usually find me @ Twitter and Instagram. I can be contacted on Telegram @ https://t.me/hivekeep
I have been around a long time on the Internet. You can usually find me @ Twitter and Instagram. I can be contacted on Telegram @ https://t.me/hivekeep
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