New FTC Rules Apply To All Marketers

The Internet Marketing Game Is Changing

On Monday, October 5th, the U.S. Federal Trade Commission released its 81 page "Guides Concerning the Use of Endorsements and Testimonials in Advertising".  The adoption of the new "Guides" was announced Monday by Official Press Release and will appear soon in the Federal Register.  According to the FTC, this is the first update in the "Guides" under the FTC Act since 1980 and the changes are the result of the Commission's "ongoing regulatory review of all current rules and guides".  You can download and read the "Guides" here (.pdf file).

Ok, so what's all this mean to internet marketers?  Is it important or is it just "much ado about nothing"? 

The updates adopted by the FTC will go into effect on December 1st this year.  They are very important not only to internet marketers, but to all advertisers, marketers and promoters of every ilk in both online and offline media.  Specific to the web, the new "Guides" apply to everyone who is marketing, recommending or advertising any product in the U.S. as a website owner, blogger, article writer/publisher, mlm networker, paid endorser (money or free product), testimonial provider (celebrity, JVer, "guru", or otherwise).  The rules apply whether you are the product maker, producer, owner, distributor, affiliate marketer, or otherwise promoting any product.  It applies to all products and all promotions.

Interestingly, the Monday press release specifically addresses bloggers because of the vast number of same engaged in promoting some form of products, including this blogger.  Virtually every blog site has sidebar advertisements as a means of promoting a product or cause of some kind.  Many bloggers also promote via links within the body of their posts.  So, is this "much ado about nothing"? I think not.  It is imperative that anyone associated with a product understand the new "Guides" and the responsibility that is now put upon us all.

You may ask, "Why is the FTC now suddenly changing the rules of the game for everyone in the middle of a global recession?"  Well, don't fall for the ramblings of conspiracy theorists just yet.  

First of all, there is nothing sudden about this.  The Commission began reviewing the "Guides" over two and a half years ago and twice in that period asked for public comment on the key points.  The reaction to the review and the number of comments from the interested public, which basically should be everyone who buys and sells in America, was an underwhelming yawn.  It was pathetic. They received 22 comments the first time and 17 on the second go around. Considering the millions of products and millions of people buying and selling them...well, you do the math and draw your own conclusion. Just don't gripe about sudden changes or government meddling into free enterprise. Everyone should have seen this coming long ago but no one was paying attention.

Secondly, the FTC is charged with protecting American consumers from fraudulent advertising practices and maintaining fair and honest market competition.  That's why they are doing this and it is why internet marketing has a big bull's eye painted on it.  

We all know the web is crawling with scammers and spammers.  The internet marketing industry is teeming with "snake oil" fraudsters who think nothing about plastering fake testimonials and Photoshop altered "screenshots of earnings" on their landing pages.  The industry is rife with unscrupulous "JVers" who dishonestly hype each other's products within their "inner circle". They do this purely for profit's sake without regard for the product's true quality, content or user value. Sadly, for every one honest vendor, marketer, JVer, or "marketing guru" on the web there are dozens who will scam your credit card out of your wallet and laugh at how easy it is to ripoff  internet newbies.  Fraudulent internet advertising is a big hot spot the FTC hopes to rope in with the revised "Guides". 

Hey, I've been suckered more than once by internet thieves, so personally I'm glad to see the new "Guides" and wish the FTC much success.    The internet marketing and network marketing industries have never stepped up to the plate to self regulate, so cheers to the Commission for taking care of business.

The bottom line is this: The changes are official, enforceable and here to stay.  Finally there is a possibility of having a level playing field for everyone who wants to enjoy the challenges and rewards of internet marketing.  Everyone in this business must now understand the rules and work within them or suffer the consequences.

(Notice to Readers: The above post is written solely for information and opinion purposes.  The author is not qualified to offer legal or political counsel and absolutely no intention is made to do so in any manner whatsoever.  Any opinions expressed here are just that, the personal opinions of the author and/or those expressed by individual readers. Each reader of this blog post is responsible for accessing and evaluating their own copy of the official FTC documents mentioned herein, and agrees by reading this post to hold harmless the author, blog owner and anyone who leaves comments here from any and all legal action or other consequences which may result from decisions made or actions taken by the reader. The author reserves the right to delete any profane, volatile, disrespectful, or irrelevant comments.)

Press Release - http://www.ftc.gov/opa/2009/10/endortest.shtm 

81 Page Downloadable Publication - 16 C.F.R. Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides

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The most recent trends in the network and internet marketing industry is the Web 2.0 world of micro blogging (i.e., Twitter), Social Media (i.e., MySpace, Facebook, Forum Communities, etc.), integration into mobile devices (i.e., iPhone), and of course, YouTube.  

Although Google hasn't put even a small dent in the $1.65B price they paid for YouTube, the omnipresent embedding of videos in all types of websites has fast become an industry standard. Video is without a doubt the most favorable and profitable  "go to" method of branding, creating trust, forming relationships, building lists, and selling.

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