IMO it is good news that the FTC has decided to add more accountability in marketing online.
I was on Guru.com with my son the other day showing him how it works when we came across someone who was paying $40 to anyone who would write a testimonial without having to use or test the product. Doh!
I welcome the new disclosure rules and regulations as unscrupulous marketers have been getting away with murder for way to long! Joel Comm has an article written by an attorney, here are his recommended action steps:
There are a lot of articles like this one hitting the Web in response to these new Guidelines, many of which may not fit your situation, and many of which may simply be wrong. Therefore I strongly suggest that you read the new Guidelines for yourself. The publication found at http://www.ftc.gov/opa/2009/10/endortest.shtm is very simple to read and provides many examples that might answer your specific questions. After reading the Guidelines you’ll want to talk to your legal and marketing teams to complete the following tasks.
- Audit your testimonial-based advertising for compliance with the rules.
- Make any adjustments to your existing advertising to bring existing materials into compliance.
- Take action to define generally expected performance metrics.
- Require affiliates to complete an application, then review and renew affiliate relationships with updated agreements.
- Revise affiliate marketing agreements.
- Disclose any connections you have with the sponsors of products you endorse.
- Initiate procedures to regularly secure the permission to use testimonials and endorsements.
- Do a Google search to make sure your name is not being associated with any products or services that might expose you to liability. If you find any sites, take active steps to get your name/testimonial removed if the use does not comply with the new Guidelines.
Take time to read the disclosure/testimonial rules as they come into effect December 1, 2009.
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Hey that sounds great. Our lives aren’t complicated enough. Why not make it more so. I like to think that I am discerning enough to recognize or least be aware enough of what I buy and read. Be nice if the buyer would be held accountable too, but it only moves further and further away from accountability. At least on the buyers part. Thank goodness the almighty government has stepped in to fix it. A whole new set of problems and confusion are on the horizon.