U.K marketers - are you up on the new rules?

by yves
13 replies
Does anybody know when they come into effect and where I can access the new FTC rules for the UK? I've tried googling them but only found something for back in 2007.

EDIT - I'm pretty sure they came into effect last month actually.

Cheers
Yves
#marketers #rules
  • Profile picture of the author Steve Peters Benn
    The new FTC rules for the UK?

    The FTC is a federal agency, there are the FTC rules, not any for the UK.

    Are you referring to Ofcom or the Office of Fair Trading? They issue guidelines not rules for the most part..
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    • Profile picture of the author yves
      Originally Posted by Steve Peters Benn View Post

      The new FTC rules for the UK?

      The FTC is a federal agency, there are the FTC rules, not any for the UK.

      Are you referring to Ofcom or the Office of Fair Trading? They issue guidelines not rules for the most part..
      Yes, sorry the new disclosure rules that came into effect last month.
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      • Profile picture of the author zigato
        Oh really? Are they similar to the FTC's rules?
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  • Profile picture of the author DireStraits
    Would appreciate a link to a (preferably official) site with any information about this, if/when anyone finds one. Just had a glance around, but can't see any.
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  • Profile picture of the author yves
    Yes, I know they are difficult to find. I actually heard it on the radio ha ha, but didn't quite get where I could access them.

    I'm sure it will be very similar to the U.S rules in which case I'm not concerned. Along with myself, I'm sure most non U.S. marketers followed the rules anyway just to be on the safe side and if you are practicing honest marketing then there is nothing to worry about.

    However, I just want to make sure I have all my t's crossed so to speak!

    Yves
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    • Profile picture of the author Steve Peters Benn
      Originally Posted by yves View Post

      Yes, I know they are difficult to find. I actually heard it on the radio ha ha, but didn't quite get where I could access them.

      I'm sure it will be very similar to the U.S rules in which case I'm not concerned. Along with myself, I'm sure most non U.S. marketers followed the rules anyway just to be on the safe side and if you are practicing honest marketing then there is nothing to worry about.

      However, I just want to make sure I have all my t's crossed so to speak!

      Yves
      Basically, if you pay someone to say something then the OFT considers that that comes under existing deceptive marketing laws and could attempt to prosecute.

      You really do want to be clear that the OFT and FTC are quite different though - and this is very specific and focussed.

      I can't see it affecting anyone other than some very shady characters.
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by Steve Peters Benn View Post

        I can't see it affecting anyone other than some very shady characters.
        This is my solicitor's view, also.

        As long as you're not setting out to deceive people, there really isn't too much to be concerned with, here.

        In most countries that have broadly similar promotional/advertising rules based on the concept of consumer protection, it seems to me that all these things more or less boil down to "Are you saying anything that isn't true, concealing anything relevant/significant, or otherwise trying to fool people in a material way that might make a difference to whether a 'normal, reasonable person' would buy?".
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        • Profile picture of the author JMSD
          Hello fellow-Brits

          I think the OFT policy, as shown in this extract from their site, has confused affiliate marketers.

          "Online promotional activity, just like any other promotional activity, must clearly identify when promotions and editorial comment have been paid for, so that consumers are not misled.

          Handpicked Media operates a network of bloggers and niche websites across a variety of sectors. Through the signed undertakings, it has agreed not to engage in promotional activity unless bloggers within its network prominently disclose, in a manner unavoidable to the average consumer, that the promotion has been paid for or otherwise remunerated."

          The above refers to people who are actually paid to go and post positive comments on blog, twitter and facebook or elsewhere.

          As affiliate marketers, we are not paid to say what we may say in email promotions or review sites. We only get paid if and when a referred sale is made.

          However, to protect yourself from any likelihood of rebuke or even prosecution by the authorities, simply adopt the FTC guidelines and state in your TOS that although your honest opionions are given in any reviews of products, you may be compensated by the product owner only if they purchase products through your links.

          We all receive email promotions from a number of well-known US marketers who boldly state something to that effect for referred sales, etc. This is usually at the foot of their emails. See which message you like and draft something based on that for your own use.

          I read, somewhere, that even if you are not US-based, if your site is hosted on a US-based company's server, those FTC rules may well apply to you, too. Belt and brace yourself, I say, just in case.

          James
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  • Profile picture of the author yves
    This is all I could find

    New Disclosure Rules U.K.
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  • Profile picture of the author DireStraits
    Cheers for that.

    I've found a little info from a more official source (the OFT themselves) here.
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  • Profile picture of the author BarryOnline
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    We are the universe contemplating itself - Carl Sagan

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  • Profile picture of the author rosetrees
    I think this is probably what you mean. The ASA ASA - Advertising Standards Authority
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  • Profile picture of the author Marketing Merit
    I think you may have been confused by the article Yves?

    The only relevant legislation I can see referenced is the CPUTR Regs (which can be downloaded free from OPSI The Consumer Protection from Unfair Trading Regulations 2008) but these came into force on 26 May 2008.

    The actions by the OFT stem from the consumer protection laws laid down in the Consumer Protection from Unfair Trading Regulations 2008.
    To be honest, I use standard disclosure statements (accuracy and compensation) on all my sites as they are hosted in the USA, even though I am based in the UK. Never been certain where I stood on that one!! :confused:
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