Comments on: The New FTC Guidelines: Should You Freak Out?

By: Johannes Stockburger

Johannes Stockburger — Sun, 11 Oct 2009 05:46:22 +0000

I do not know how that is in the US. But here in Europe governments mandate for several years now, that a message in bold letters appears on each and every cigarette box, saying something like “Cigarettes kill people”, “Cigarettes may harm your children”, “cancer loves cigarettes” etc. People are still smoking.
(If they would stop, goverments would remove the messages, because they need the tax revenue generated thru cigarettes)
On the other hand, I think Frank Kern may very well be right, as he suggests that free samples may be in most casesmore effective than a questionable testimonial – at least if they come with the recommendation “check this” from a trusted source.
I think that is a better way, anyway. And, very powerful, if you look at the results people get with Jeff Walkers techniques.
Now I do not know wether the FTC requires disclosure, if you give away free stuff thru an affiliate link. But I guess, it won’t hurt anyway, if you tell people that you participate in a product launch or any promotion.
Personaly, I look, who sends the stuff, because I look for quality.
And if I buy, I think about, who helped me most, recently, and whom I should give a thank you in form of an affiliate commision.

By: "Digital" Don Hill

"Digital" Don Hill — Sun, 11 Oct 2009 03:17:47 +0000

It’ll be interesting to see how the blatant hype-mongers out there deal with these new rules by the FTC. I’m certain that there’s quite a stir in the home offices of some of the major MLM players, tailoring their promo materials to comply with the new rules going to effect on December 1.

It’ll also get interesting for some of the major IM players that have “outsourced” the creation of a number of blogs for SEO purposes, since that commercial relationship will also need to be “clearly and conspicuously” disclosed. (Never mind the miles of “testimonials” that appear on their sales pages).

Like Marlon says – comply! It’s the (US) LAW, and unless and until the law is changed, you put yourself at MAJOR risk if you try to “get around it.” (To the tune of $11K – per VIOLATION!)

This levels the playing field considerably, with honest business practices better able to compete in the marketplace. Time will ultimately tell, but I’m beginning to believe that the new rules will have an overall positive effect on the marketplace – even though I do recoil at the thought of Government getting involved at this level (regulating speech).

By: Mick Gray

Mick Gray — Sat, 10 Oct 2009 19:51:15 +0000

New FTC Guidelines
I’m a little confused, are these guidelines, or laws?

Are we at an immediate risk of being fined $11000?

What is the due process for non conformance with these guidelines?

Exactly what effort have the FTC made in notifying online marketers of these new guidelines/laws and due process for non compliance?

This is the first time I have heard of this.

Don’t get me wrong, it’s good to have a watchbody looking out for the consumer but why should the internet be any different than the high street. Do these guidelines also cover high street retailers and mail order company’s?

If these are laws, it won’t be long before all online marketers will have to carry liability insurance for protection and have all there sales copy, articles and advertisements scrutinised by legal representatives.

What effect will that have on consumer prices?

Oh happy days!!!

Thanks for the heads up by the way. It’s much appreciated.

By: Thomas

Thomas — Sat, 10 Oct 2009 19:29:50 +0000

Now, …, I yam depressed, and feel waaay below average. politics everywhere

By: Don Hylton

Don Hylton — Sat, 10 Oct 2009 19:22:21 +0000

Wow! I’m glad I read that. It cleared up some questions I had about the FTC ruling. And….Marlon, you really are awesome!

By: Mike

Mike — Sat, 10 Oct 2009 19:20:20 +0000

What pops into my head after reading your article is its not that wealthy people are any differant or any better than you or me…its that they just have access to different information and when they get it, they APPLY it….hows that for a disclaimer?
How well a negative sell works…I have spent over 20 years in offline retailing and I can honestly say that a NEGATIVE sell works very well..so I say look at these new rules as a positive thing and run with it ;0)

By: Ron Barrett

Ron Barrett — Sat, 10 Oct 2009 18:49:27 +0000

Hey Dave, GREAT Stuff!

I am one of those 50,000 people who read your ezine. Unfortunately, I fall in to the category of NOT clicking on all of the links in every single one of your messages. Sorry, I’ll work on that.

C’mon – 398 bottles of beer – that’s just over 16 cases….in 5 years? Heck, in my drinking days, 16 cases was a good month!

Totally understand the reasoning behind WHY the ‘disclaimers’ have to be there….in this age of an extremely litigious society (you may have to go to Wikipedia for that ), there were probably people claiming they were misled.

Oh, well, guess we’ll have to start reading the WHOLE ebook or investigate ALL of the icons on the dashboard.

Keep up the good work!

By: Dave Lovelace

Dave Lovelace — Sat, 10 Oct 2009 18:35:41 +0000

Sorry, I screwed up the link to the interview on the FTC guidelines. I’ve corrected it in the article. But you can go here.. http://www.fastcompany.com/blog/jennifer-vilaga/slipstream/ftc-bloggers-its-not-medium-its-message-0

A disclaimer about Marlon’s article. His opinion is not average and doesn’t reflect the opinions of this blog or the NFL on any given Sunday.

If you’ve ever heard Marlon Speak in person or in video, for that matter, you know that he’s an eccentric “character”. But he’s been around since the early days of Direct Marketing online and is one of the icons in the industry.

If you don’t agree with his comments, please don’t shoot the messenger, okay? But do feel free to post your opinions and comments here.

Dave