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FTC Rules Apply To Internet Marketers Outside of USA?

by Stanley Tang
15 replies
Well technically, the new FTC rules apply to only US.

But how about if you're a foreigner with a US webhost like myself? That's when the rules becomes blurred...
#apply #ftc #internet #marketers #rules #usa
  • Profile picture of the author Frank Murphy
    I was wondering the exact same thing. I mean, how is the FTC going to pursue people outside US? Don't tell me they are going to enforce the rules with the help of Interpol? LOL
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    • Profile picture of the author butters
      Originally Posted by Lady NaNa View Post

      I was wondering the exact same thing. I mean, how is the FTC going to pursue people outside US? Don't tell me they are going to enforce the rules with the help of Interpol? LOL
      It wouldn't surprise me, maybe not interpol but they can pursue people out of the US, look at the spammer who got done for 16mil
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      • Profile picture of the author Heuristic
        They need the cooperation of your government and law enforcement. It seems reasonable to think that they would only do this if it was worth their while. A blogger in Europe making $300 a month with no assets isn't likely to have the full force of the FTC come down on him/her because they didn't disclose that they are compensated for recommending a $25 ebook.
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        • Profile picture of the author butters
          Originally Posted by Heuristic View Post

          They need the cooperation of your government and law enforcement. It seems reasonable to think that they would only do this if it was worth their while. A blogger in Europe making $300 a month with no assets isn't likely to have the full force of the FTC come down on him/her because they didn't disclose that they are compensated for recommending a $25 ebook.
          Yeah that sounds about right to me, as an FTC guy said in a video. They have limited resources and limited hours, they will take out the guys which are ripping off a lot of people and take out a few little people.
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          • Profile picture of the author bscbscbsc
            I wonder if your hosting is outside the USA or inside the USA will make anydifference.
            Just a thought
            BC
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  • Profile picture of the author Imran Naseem
    Banned
    [DELETED]
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    • Profile picture of the author steve-wilkins
      Originally Posted by Imran Naseem View Post

      FTC Rules only apply to people in US but me being from the UK I think one has to be careful with the legislation from other countries.

      All this FTC outcry has been blown out of proportion in recent weeks with people panicing. If you are legit and are an honest marketer then you will continue to do business the honest way without having to worry.

      :p
      totally agree with you here Imran. I am also from UK and have been making the necessary adjustments to my sites with a few simple disclaimers but I am by no means going to panic and start worrying about the FTC slapping me. As you said if you are an honest and legit marketer you really have nothing to worry about!

      Regards, Steve
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      • Profile picture of the author kindsvater
        The FTC regularly sues non-US companies. This is because they are doing business with US citizens.

        Took about 5 seconds to find this case, among many:

        FTC Puts Brakes on International Bogus Billing Scam

        You'll note this was a company in Canada and it involved participation with legal authorities as far away as the UK.

        ----

        What Imran stated in an earlier post is absolutely false. You're an absolute fool if you think the FTC will not go after you. If you have a history of fraudulent WSOs you should be especially concerned.

        Here is the lawsuit filed for the above case:

        http://ftc.gov/os/caselist/0623129/061016iitdcmplt.pdf

        You'll note none of the defendants were US citizens. None of the defendants resided in the US.

        Instead, assuming you sell products to US residents everywhere, the FTC gets to pick and choose where it wants to file a lawsuit against you.
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  • Profile picture of the author Mike Anthony
    As long as your business relies on any US entity you are affected. They don't have to come after you. Paypal, Google, Clickbank, US hosting. I don't know a whole lot of IMers who don't relay on a US based company.

    So no you won't be locked up or prosecuted but you might wake up one morning and no longer have a business or at least not the one you thought you had.

    Just comply and sleep easy.
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  • Profile picture of the author Mukul Verma
    They can go after you if your targeting the US market for clients. They are looking out for the safety of US citizens.

    Basically if you are in english and online, the US is your market, so they can go after you.
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  • Profile picture of the author Frank Donovan
    This has come up several times already and I'm sure this won't be the last. I think others have explained how non-US marketers still rely on many US-based services.

    But I'm interested to know from the OP exactly what area of the guidelines (they're not rules) he's considering flouting - and why?



    Frank
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  • Profile picture of the author KristiDaniels
    International law is such a complicated topic that you probably can't even get a decent opinion from an attorney and most will tell you so.

    So what do you do if you aren't from the U.S.? Do you chance it? Do you comply even though you don't need to comply?

    Here are some facts that can help you make that decision:

    1. Most of your market is probably U.S. citizens or residents.

    2. After World War II and until about 2000, you could completely safely ignore the laws of other countries if you didn't live there, visit there or physically ship merchandise there.

    3. After 2000, a lot of different countries started stretching out their jurisdictions and experimenting with applying their own laws internationally. The U.S., France and Australia have been some of the most interested countries in trying to prosecute their laws against those they previously had no jurisdiction over.

    4. The trend in #3 is increasing at an astounding rate. Public support in certain areas of law is very strong.

    5. The U.S. is currently attempting to prosecute an Australian company using FTC regulations.
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  • Profile picture of the author Norman Smith
    FTC rules apply to all IMers, as previously stated US companies provide most of the services. UK also have new rules. If you are legit,no false testimonials,no false earning claims etc you should be able to sleep at night.But affiliates beware !! Do you Clearly state your connection to the promoted products ?
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  • Profile picture of the author kay12345
    form what i understand is, as long as your product vendor is located in the US, you as an affiliate will have to comply with the FTC rules
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  • Profile picture of the author Phil Ayres
    This is not really even a consideration. If you ever want to do business in this country, you had better comply. If you ever intend to come here, you should comply. Why not keep your options open?
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  • Profile picture of the author InternetMarketingIQ
    What's the point in making **** up just to make a buck?

    Would you sell it to your mom?

    If you host in the USA you may not get prosecuted... but they could still shut down your site. Again what is the point in making **** up?
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    Internet Marketing IQâ„¢
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