FTC Regulations & Their Impact On Your Blog

14263c8f42e6ec49c3fc98a9b3e329e5 0 Del.icio.us

Our host today is Olusegun Adedokun. If you're interested in getting in front of the readers of Site Sketch 101, check out our guest posting invitation here.

There has never been a more exciting or a more scary time in history than now.

A lot of things have changed faster in the last two decades than in all of the 17th and 18th centuries combined. How people get and digest their information is evolving quickly. Old Media companies are having a tough time. Old economy businesses are mostly packing up or struggling to survive.

And to narrow things down to our sphere, this is also a time when bloggers have been faced with their biggest challenge and opportunity yet.

The U.S. government has now dabbled into the blogosphere. The most notable being the new FTC (Federal Trade Commission) regulations concerning disclosure. The trade watchdog is revising their guidelines to extend into the blogosphere.

All this has got to mean something irrespective of which ever angle you are viewing the situation from.

It’s better to see it as a time filled with excitement and opportunities though.

I live in Nigeria, West Africa where the government is very different to say the least. Fifty percent of the population doesn’t even pay taxes and there is almost no way to collect those taxes until some major policies are changed. There are no signs of that happening anytime soon.

So in reality FTC rules do not really apply to us in the so called “Third World” or do they?

The answer is simple: yes they do.

The world is a lot smaller than we can imagine now and failure to comply with generally accepted laws and standards because one thinks he is not really affected (thanks to geographic location) might be suicidal online where physical boundaries simply do not exist. So I am also very interested in what’s going on as it very much affects us here too.

The goal of this post is to show why 2010 is going to be a great year for some bloggers and a period of extinction for most. Another aim is to get you thinking ahead and moving towards creating a sustainable business based on the old and only sustainable business strategy which is to “Deliver valuable, recurrently needed services or products that can be easily used up and just as easily replaced over and over by all and sundry.”

The duration of use is dependent on the type of product though, as the shelf life of everything has being drastically reduced by design. In the case of bloggers, we can say “Deliver valuable information about …

FTC Regulations – A Blogger’s Doom or Opportunity?

In October 2009, bloggers and internet marketers alike woke up to the shocking announcement that the Federal Trade Commission would be implementing new regulations in regard to the blogging industry.

A couple of revisions were made to the Guides Concerning the Use of Endorsements and Testimonials in Advertising. This was the first update to those guidelines since 1980. And two big issues evolved with this revision:

  1. A Policy of Full Disclosure: A requirement of full disclosure any time something is received by bloggers or internet marketers for a review. Posts from bloggers who receive any cash or payment in kind is now considered to be an endorsement.
  2. Typical Results Testimonials: Any testimonial or statement relating to results of a product must now be coupled with a statement of the results that consumers can typically expect. Before this revision, a statement of “results not typical” would be enough to be legal. That is no longer the case. The effects of these new revisions to the regulations are actually rather widespread

What do these all mean for us in the blogosphere?

Bloggers now need to disclose any material connection between themselves and advertisers if they blog about any product:

  • Commission Sales: If you receive a commission when somebody buys something, you have to disclose it now by law.
  • Paid Reviews: If you are paid to do a review, you must disclose it also.

As stated by the FTC announcement, you even need to disclose if you get a free item for the purpose of reviewing that item – even if you have to return it later.

The whole scenario could be summed up in one word: Disclosure.

From an ethical point of view, the thing any blogger should do if there are perks attached to a review is to say so to his readers. Most companies who negotiate paid reviews actually require disclosure anyway.

I suggest you visit DisclosurePolicy.org and create a disclosure policy page on your blog just to be on the safe side of the law. Besides, when you create it, it’s once and for all.

**In part two, we will talk more about the issue of testimonials

Share your Opinion

and be a part of the discussion.

  1. Name (required)

    Mail (required)

    Website
    Your Comment

36 Vibrant Comments

I would love to hear yours!


  1. January 24, 2010

    Eric B. said:

    I don’t do paid reviews, but I’ve noticed that the ones at this site are disclosed, which is a good idea.

    About the commission sales, does absolutely everything have to be disclosed? Because I have a couple of affiliate links in my sidebar, and it would be nice to disclose it, but I don’t really have any place to do that.


    • January 24, 2010

      Chad @ Tech201 said:

      That’s what I am wondering as well. As much as I’ve read on the topic, it doesn’t seem to be 100% clear if things like the affiliate ads many of us have must be fully disclosed.

      And what about Adsense? That is a type of commission if you really think about it.

      Maybe that will be explained in part 2? Looking forward to it…
      My Latest Blog Post: Email Etiquette: 12 Things To Avoid


    • January 25, 2010

      Nicholas Cardot said:

      Eric B. » I’m really not sure if they do or not, but I have no problem letting people know that mine are affiliate ads. I’d rather be safe than sorry and I’d rather be overly honest than to even appear to be the slightest bit deceptive.


  2. January 24, 2010

    Derek Jensen said:

    I know that as soon as I read about these new regulations I quickly went to the Disclosure Policy site and filled in the blanks and now have a basic policy visible by anyone on my blog.

    I do like how you said “So in reality FTC rules do not really apply to us in the so called “Third World” or do they?”

    Because you can almost think of the Third World in the Blogosphere being the bloggers just starting or are not thinking about blogging to make money in the future.

    But, the thing is that everyone should follow the steps you have provided, just to be safe.

    Ill look forward to part two.
    My Latest Blog Post: Allow Time for Reflection


  3. January 24, 2010

    Davor Gasparevic @ Internet marketing ebooks said:

    Thanks for the site, I will bookmark it, and I will surely need it in the future.

    I actually think this is good, because all this blogging, IM, affiliate and make money online scene has been something like online “Wild West”, with no restrictions but individuals’ moral and ethical standards. Unfortunately, there were many people interested only in gaining profits. Internet was a perfect place for them because they could easily hide themselves behind their websites and various black-hat and illegal techniques.

    The other side of the law will always exist, but just like in real life situations, when there is a law or at least some regulations and guidelines, more people tend to play by the rules then.
    My Latest Blog Post: Don’t you ever grow tired of the same old article directories?


  4. January 24, 2010

    Don Gilbert said:

    Wow – thanks for the info. This is the first I heard of it, and I’m glad I did. I went straight over to DisclosurePolicy.org and created a disclosure policy for my blog.

    That’s a good question – what about affiliate links? We aren’t righting a review per se, but it is a show of support/testimonial. (In a way.)
    My Latest Blog Post: Blogging Goals for 2009 – A Look Back


  5. January 24, 2010

    Tony said:

    It ain’t illegal….unless you get caught. Seriously. Don’t follow my advice.
    My Latest Blog Post: The Secret to Finding Better People to Follow on Twitter


  6. January 25, 2010

    Olusegun Adedokun said:

    Hi Guys,

    @Nicholas Cardot
    Thanks again Nicholas, You are one great guy :)

    @Don Gilbert @Davor Gasparevic
    You’re welcome

    @Tony LOL

    @Derek Jensen
    Yeah 3rd World has Multiple meanings. I hope to be free of all soon.

    @Eric B and @Chad@Tech201
    You guys can check this out :
    http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf

    Thank for responding :)
    My Latest Blog Post: How To Build A List Using A Squeeze Page And An Autoresponder


  7. January 25, 2010

    Awrcnerva Web Design said:

    We aren’t doing any of these things at the moment. But I have to wonder how something like this could efficiently be enforced? I suppose its better to be safe than sorry.
    My Latest Blog Post: Beautiful Light Trails Using Christmas Lights


    • January 25, 2010

      Nicholas Cardot said:

      Awrcnerva Web Design » Good question. I have no idea how they would enforce something like this. There are millions of blogs. But I’m sure that as you say it is certainly better to be safe than sorry.


  8. January 25, 2010

    Arcnerva Web Design said:

    Oops, I spelled my name wrong. :facepalm:


  9. January 25, 2010

    Andrew said:

    I’m not living in the “3rd world” but I’m not from the USA either so I can relate to your position on this issue.

    A disturbing trend I’ve noticed around the interwebs though, is the total misunderstanding and, something that seems like scare mongering, which 99% of all reports online that I’ve seen have made about this.

    These changes are NOT law as you have stated. In fact in the official FTC announcement it is clearly stated that it is not law and no legislation has been passed to support these policy changes.

    However they do insist on compliance.

    Here is what the FTC has to say about it:
    [quote]The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.[/quote]

    And

    [quote]The revised Guides also add new examples to illustrate the long standing principle that “material connections” (sometimes payments or free products) between advertisers and endorsers – connections that consumers would not expect – must be disclosed.[/quote]

    Here is the full announcement:
    http://ftc.gov/opa/2009/10/endortest.shtm

    But what exactly does it mean? Simply add an earnings disclosure page to your website and your covered? Not entirely.

    In some cases that’s not required.

    Take John Chow for example. He makes money online, and advertises that he makes money online. He teaches it and talks about in almost every blog post or email.

    Could it be reasonably expected that a person who visits his blog, or subscribes to his list and buys something is going to earn him a commission?

    Of course it’s a reasonable expectation and it would be pretty hard to argue that this expectation didn’t exist with the majority of his customers. So the FTC could not possibly prosecute him for failure to disclose even without an earnings disclosure page.

    As for the testimonial aspect of this policy, don’t use fakes, and don’t use actual numbers unless they are in fact typical results. That’s it!

    Stop panicking people. This thing has been blown way out of proportion. Maintain your ethics and integrity and you have absolutely nothing to worry about.
    My Latest Blog Post: How To Digg Your Way to The Front Page


  10. January 26, 2010

    Shamim said:

    I think the decision FTC has taken is well enough. Because, the visitors who will buy a product from your referral, he/she might claim a notice about the product indirectly.

    So wanna buy something? Let your visitors to know about it.

    And I am sure; the people who have just came to your site for buying something…he/she must but it.

    And those came to your site just for surfing they will not buy it, whether your disclosure is here or not.


  11. January 26, 2010

    Olusegun Adedokun said:

    @Andrew
    Points taken. Thank you sir.

    @Awrcnerva Web Design
    I think it’s about the perception people will have later when they see that nothing like a diclosure is on the site.

    @Nicholas Cardot
    I wonder too.
    My Latest Blog Post: How To Build A List Using A Squeeze Page And An Autoresponder 2


  12. January 27, 2010

    Ron Leyba said:

    Seems like we, bloggers, really need to disclose everything. Hmmm.
    My Latest Blog Post: Sikat Ang Pinoy


  13. January 30, 2010

    Shawn K. said:

    I kept skimming over these articles, basically skipping them.
    I am glad I took time to read your article, this information could prove useful to me in the future.

    I rather like this legislature, it will greatly improve the accuracy of reviews and “testimonials”.
    My Latest Blog Post: Blogging & SEO: An Old Dog’s Guide


  14. January 30, 2010

    Kok Siong Chen said:

    This is a new information for me. Thanks for information. I really learnt a lot from this article. FTC? I think i still need a lot of time to figure out what is it about.
    My Latest Blog Post: Cri du Chat Syndrome – Human with Cat-like Cry


  15. February 1, 2010

    Mikkel 'DaneBlogger' Juhl said:

    Is it only in the US bloggers are affected or is it in every country? What about Denmark?
    My Latest Blog Post: How to Construct Interviews That Rocks


  16. February 6, 2010

    saad @ Make Online Money said:

    What would happen if any one fails to obey these guidelines?
    I mean is there any “severe” penalty?
    My Latest Blog Post: Choosing The Best Web Page Title


  17. March 9, 2010

    Julius Kuhn-Regnier said:

    Interesting. I actually haven’t heard about this before. Only that you do need to disclose this kind of information. So would it be enough to simply have a page where there is something written like “Some of the web sites this blog points to are affiliate web sites etc.”. Or what would you need?!