Comments on: New FTC Regulations Take Effect December 1 for Affiliate Marketers

By: Kelly

Kelly — Wed, 02 Dec 2009 02:54:00 +0000

What about those of us who reside outside of the US? Is the FTC going to come track me down and extradite me from South America because I don’t have a disclaimer on my Squidoo page? While I appreciate the intention of the regulations – to protect consumers – I feel the FTC has bitten off more than it can chew with this one.

By: Marty

Marty — Mon, 30 Nov 2009 21:37:32 +0000

Good point Chichi about that “if it wasn’t for someone I subscribed to, I would’ve never known.” Wonder if the ftc has considered that. I’m sure there are lots of people with websites that simply have not heard there is an ftc ruling about anything.

By: Marty

Marty — Mon, 30 Nov 2009 21:36:31 +0000

Great point Tantalus. If you haven’t listened in on where Jim Edwards interviews the FTC about this, it’s a must-listen to, and may very well have you a bit more nervous in once sense and relaxed in another. The main point I took away from the video was that there are many sites that are way “over the line” as the FTC guy put it. And, a lot of sites that are way below the line. One doesn’t have to worry at all…the other needs to clean up their act quickly. If you’re in the middle, it sounds like they won’t have the time or the resources to go after you anyway. So, I think if we cover the basics, we’ll be good.

By: Tantalus

Tantalus — Mon, 30 Nov 2009 05:04:50 +0000

Personally, I don’t consider a regulation that requires clear disclosure of an incentivized relationship to be a problem, merely a matter of requiring reasonable honesty and transparency. However, since the rule doesn’t seem to affect marketers who did not receive review products for free, my guess is that most will not be affected.

By: Chichi

Chichi — Sat, 28 Nov 2009 05:28:03 +0000

This is crazy! I do makeup tutorials and hair tutorials. It takes a lot of material. Some doesn’t even have a name brand. This is an outrage! I understand if this was for reviews about certain materials, but this is for everything in the video or statement. I am extremly outrage by this! Also, it’s not very well advertised. If it wasn’t for someone I subscribed to, I would have never know!

By: FrostWurks · External Links Policy Plugin

FrostWurks · External Links Policy Plugin — Sat, 21 Nov 2009 16:42:08 +0000

[...] in a clear manner when reviewing or endorsing products. The document is still sketchy to many publishers (including me) and I would suggest reading it for yourself to get a better understanding of [...]

By: Marty

Marty — Thu, 19 Nov 2009 02:03:21 +0000

Indee Robert and thank for the comment. First you’d have to find a lawyer that understands affiliate marketing. And from those I’ve been talking to lately, they don’t have a clue. So, they’ll make twice as much in billable time because we will be “teaching them” how to defend us. Maybe there’s a seminar in there somewhere for lawyers!

By: Marty

Marty — Thu, 19 Nov 2009 02:01:18 +0000

True Jeff, very true. However, I’ve heard enough stories about the FTC going after people outside “the perfect model” of their regulations to set an example. Probably as likely as winning the lotto, but let’s hope we’re not the ones to be made an example of.

By: Robert Troch

Robert Troch — Wed, 18 Nov 2009 18:29:17 +0000

Why can’t I shake the feeling that (like divorce) it will be the lawyers who will make the most money out of all of this?

By: Jeff

Jeff — Mon, 09 Nov 2009 01:35:45 +0000

The way I understood it, is you have to disclose your compensation for the item. You don’t necessarily have to post that your earned $x amount, but that you are being paid for this and that is for something you are not acting independently on.

Lets say I had a copy of your new book and posted a review about it, and included an affiliate link to the book on amazon. Since the review is independent do I still have to disclose it? The way I read it, no you don’t.

Now if you sent me a copy of the book asking me to review it, I would (and should) disclose that relationship. There is a level of bias expected to come from a product review when a company sends you their product to “try” and this is trying to combat that. If you are being paid to post about something shouldn’t your readers know that you are being swayed one way right from the start?