Internet attorney blog discussing cyber law
On Friday, November 20th, I spoke to a group of Internet entrepreneurs about how to comply with the new FTC guidelines (effective December 1, 2009) when doing affiliate marketing online. This presentation covered both marketing as an affiliate and running an affiliate program.
This is the video of that presentation. Of course, consult your Internet lawyer if you have specific questions.
When it comes to the U.S. Federal Trade Commission (FTC), don’t think that you can stick your head in the sand and hope the government ignores the way you do business. BlueHippo is an example of what happens.
The company has been forced into bankruptcy when the bank processing its payments froze its funds. The company has been accused of violating its settlement with the FTC over deceptive sales of computers and other electronics via layaway. Whether or not this is true is irrelevant. The fact remains that Blue Hippo has been nailed by both the Federal Trade Commission and state consumer protection agencies for allegedly engaging in deceptive trade practices.
As I remind clients, the best website legal documents will never eliminate all risk but just reduce exposure for most claims. One who violates the law doesn’t get a free pass (e.g. selling acai berry cancer cures online or get-rich-quick scams) because of great terms of service or a privacy policy.
Yes, you should put fundamental protections in place through your website legal documents, particularly with the new FTC guidelines effective December 1, 2009. If you can’t afford to pay for customized documents prepared by an Internet lawyer, then you’ll at least want to use website legal forms prepared by one.
Ultimately, you have to deliver at least what you promised, provide value, and treat your customers right. If you make any effort in customer service, you’ll exceed expectations because many Internet business owners simply take the money and run. Don’t become a Federal Trade Commission poster child of what not to do.
Before you get taken advantage of through a Black Friday buying spree today, ask yourself if buying anything on credit is going to advance your Internet business goals. From electronics to clothing sold at firesale prices today, will each purchase you make generate a positive return on investment by protecting or growing your online business?
If not, why are you making the purchase? Is it that brief sense of conspicuous consumption glee you get as the cashier hands you the bag with the receipt that you own something new? That fades quickly and you’ll need to buy something else quick as a “fix” for your possessions addiction. And to get that brief high, you’ll have to progress up the ladder to more expensive toys whether or not you can afford them.
What about gifts? Are you doing yourself or your family any long-term favors by blowing your money today or going further into debt? If your friendships and family relationships are based on the size of the gifts you give, what does that say about those particular relationships?
I’m not suggesting that you have to be a cheapskate in order to succeed online. However, think carefully how you invest your resources if you plan to achieve your financial goals and dreams. If you can’t justify the return on your time, money, and energy, skip the Black Friday sales and do something that’s truly productive.
This may be something you’ve been procrastinating on doing that will make a difference in your business. It may simply be spending some quality time with close family and friends doing activities that don’t involve a race into credit card debt at Black Friday sales. And if you don’t know what to do, perhaps it is time to write down your business and personal goals with a realistic action plan rather than waiting until New Year’s Day.
If you take a step back and look at your life, you’ll know what is truly important to you. My hunch is that spending time in crowded shopping malls today doesn’t rank high on that list.
Skeptical?
No one on their death bed has said they wished they had spent more time shopping. Regrets are based on the things not done instead of the things left unpurchased.
Go find something meaningful and do it today.