Bloggers, Publishers, Copywriters & Web Entrepreneurs: What Do the FTC's New Regulations Require of You?

On October 5, 2009, the U.S. Federal Trade Commission released an extensive set of new guidelines governing advertising disclosures that have set the marketing world buzzing with questions and concerns.  The new rules went into effect on December 1, 2009.

The FTC's official memo (see the PDFs in their right sidebar)

The Wall St. Journal's summary of the issues

Inform Yourself! Get Prepared So You Can Follow the Law

For just $39.97, you receive the audio recording of this 70-minute interview so you can go beyond the rumors, speculation and misinformation about the new FTC guidelines swirling around the Internet.  You'll know what you need to do to protect your business interests - and what the new rules do not require you to do or change.

Gain confidence that you're taking the right steps needed (if any) soon to protect yourself and your business. 

What We Discussed - What You Learn

The questions answered by Attorney Sifleet included specific concerns submitted by participants who registered in advance, and covered matters relating to bloggers, publishers, web site owners, advertisers and copywriters, based either in the U.S. or abroad.

You'll hear a lively, wide-ranging discussion that greatly clarifies the relevant issues, including:

• What's the driving motivation of the FTC and why these rules came out now 

• The four key principles underlying the new rules that enable you to intelligently decide on the best policies to protect your business

• One "FTC compliance solution" proclaimed by a prominent marketer that you should definitely NOT follow, and why

• Why complicated boilerplate disclosures may backfire, and simplicity should be your watchword

• Exactly how Attorney Sifleet applied the new principles to her promotion of this very interview

Disclosures about compensation for bloggers/reviewers

• The two criteria that govern when disclosures are needed or not for bloggers and reviewers who receive free merchandise or services (This is surprisingly different from much scuttlebutt on the web)

• How disclosure rules affect employee-written content or reviews

• Where to place compensation disclosures, which has serious implications for the setup of blogs and web sites

• One simple logistical solution for disclosures and another one that clearly wouldn't be acceptable

• If you can't fit a disclaimer into a 140-character "tweet," is that a problem?

• Are your "recommended resources" really paid listings? If so, learn the disclosure policy you should follow

Disclosures relating to affiliate programs

• The clear-cut policy that affiliates must follow, whenever a link - however indirectly - potentially earns commissions for the affiliate

• If you have affiliates for your company, three policies or practices to institute to avoid running into trouble from the FTC

• Should you require affiliates to sign an indemnification agreement (freeing you from liability in case of trouble), or sign such an agreement if you are an affiliate?

Disclosures and responsibility for testimonials:

• New requirements for testimonials, and clarification of the FTC's crucial distinction between "average results" and "generally expected results" in testimonials

• The "easy out" you used to be able to use when posting testimonials, which is no longer acceptable with the new rules

• A form of disclosure that actually adds credibility to testimonials

• What the new rules mean for obtaining and using celebrity endorsements or blurbs from those with a huge following (What's allowed/not allowed here has definitely changed!)

• Why telling your own story in a promotional setting is okay except if you include a certain element in it

• Whether or not we now truly need to avoid using testimonials, or all results-based testimonials, or any untypical testimonials, as some are saying

Ability to make claims:

• When you probably need data to substantiate your claims and when you may not

• Product titles that might put you at risk vis-a-vis the FTC, and why (a point that may not have been mentioned yet in legal commentaries)

• Are copywriters liable for FTC compliance, and should they revise their client contracts in the light of the new guidelines?

Applicability of the new rules:

• Whether or not those who are "small potatoes" should ignore the rules, assuming that the FTC will enforce them only against large operations

• Do the rules apply to to anything offered for sale or mainly to scammy types of products?

• The circumstances under which people living outside of the U.S. need to take account of the new FTC regulations

About Jean Sifleet, J.D.

Massachusetts attorney Jean Sifleet has decades of experience advising both startup and established businesses on safeguarding intellectual property and preventing exposure to liability.  She also has a distinguished record of explaining legal issues and their business implications clearly to non-lawyers.

A three-time entrepreneur herself and a Certified Public Accountant, Jean specializes in providing sound legal and business advice that quickly gets her client up to speed on the options.  In contrast to many traditional lawyers, Jean steers clients away from litigation and expensive procedures whenever possible, striving to anticipate and resolve business issues.

Jean Sifleet is the author of three books: Advantage "IP": Profit From Your Great Ideas, Smart Fast® - The Desktop Reference Guide For Running Your Business, and Beyond 401(k)s for Small Business Owners: A Practical Guide to Incentive, Deferred Compensation, and Retirement Plans, as well as a coauthor of the booklet Email Use at Work: Rules of the Road.

Bonus for the First 100 Buyers

If you are one of the first 100 purchasers of this product, you'll receive a coupon for a discounted legal consultation with Attorney Jean Sifleet on exactly how the new FTC guidelines apply to your web site, blogs, ads, affiliate program, etc.  While her hourly rate is $275 an hour, the coupon entitles you to a half-hour consultation at $125 or an hour consultation at $200.

The consultation coupon is valid only for the person who registered or a colleague in the same company.  (Disclosure: No one receives a commission on this consultation!)

Your satisfaction is guaranteed.  If you don't feel we covered the issues professionally and credibly, simply request a refund and we'll give you your money back.

You may purchase the audio recording either as a downloadable MP3 file or on CD.  

Purchase the downloadable audio for $39.97

Purchase the CD for $39.97 (plus $3.00 shipping anywhere in the world)

Get informed so you can comply! The new rules went into effect December 1, 2009.