FTC: What is the Federal Trade Commission Doing to Internet Marketing?

FTC testimonialsFor good or bad, the U.S. Federal Trade Commission under the Obama administration is going to take a more pro-consumer stance than we’ve seen in years. What’s that mean to your business?

With little understanding of how social media works, the FTC will be looking at its prior success in cracking down on deceptive business practices both in franchising and multilevel (MLM)/network marketing.

Here’s where I see things headed…

1. Affiliates will be required to disclose financial compensation is involved when they promote a particular product or service in exchange for a commission. In particular, this is going to affect “review” sites, blogger “recommendations,” Facebook posts, and even Tweets that contain affiliate links. This is going to be particularly troublesome for Twitter because of the 140-character limit.

2. Anyone who receives a complimentary review copy and writes or blogs a recommendation will need to disclose the “freebie” to the reader. That means no more positive spinning buzz for a $2,000 info product as a favor to a friend who gave you a free review copy pre-launch.

3. Testimonials are going to need verification for accuracy and, if the results are atypical, there will need to be a prominent disclaimer to that effect plus a disclosure as to what are typical results. For example, if Joe Smith claims he made $10,000 the first month using your biz opp product, you better (a) verify Smith’s claim is accurate, (b) let the reader know if those results are atypical, and (c) disclose what the typical purchaser really earns.

4. If there are expert endorsements, there will likely be a requirement that the endorsement is backed by generally accepted scientific proof (not some wild theory from Dr. Ima Quack who earned her doctorate from the correspondence school New Age University of Alternative Reality Living while institutionalized as a psychiatric patient). Bogus testimonials aren’t going to cut it, particular when your offer relates to earning money or health issues.

5. In lawsuits and actions by state attorneys general, all of the above will be taken into account when making charges of fraudulent and deceptive trade practices against Internet marketers. That’s in addition to what the FTC and FDA will do at the federal level.

Federal Trade Commission and Hidden Disclosures

Federal Trade Commission Chairman Deborah Platt Majoras was recently interviewed about cybercrime and other Internet legal issues. The full interview is worth reading.

However, what struck me was her comments on what is a common practice…attempting to hide disclosures.

One of the things that has always been the case, though, is that buried disclosures have never worked and have never been adequate. So if you are burying an important disclosure that’s going to make a difference to a consumer, then there’s a real question about whether that’s a true disclosure.”

What many businesses don’t recognize is that emphasizing an unfavorable disclosure can be beneficial.

Here’s why.

The prospect who actually reads disclosures (most don’t) will be favorably impressed with candor. If you’re burying the truth about one aspect of your product or service, people will wonder what else you’re hiding and assume the worst. This is also the type of behavior that the Federal Trade Commission doesn’t like.

Hat tip to PCWorld.com

Update: The Federal Trade Commission issued new guidelines about disclosures that went into effect December 1, 2009. Click the following link to get my free special report (PDF file) on how to comply with the new Federal Trade Commission guidelines.