Comments on: The FTC and Affiliate Disclosure http://affbook.com/the-ftc-and-affiliate-disclosure/ because affiliate marketing needs a handbook Tue, 15 Jun 2010 13:17:18 -0400 http://wordpress.org/?v=2.8.6 hourly 1 By: Mike Stenger http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-170 Mike Stenger Tue, 24 Nov 2009 19:31:20 +0000 http://affbook.com/?p=28#comment-170 Thanks for raising these questions. I myself have been wondering the same thing as what this means for affiliates. Thankfully, we have a month or two to figure it all out.<br><br>Oh and @JustinBrooke sent me ;-) Thanks for raising these questions. I myself have been wondering the same thing as what this means for affiliates. Thankfully, we have a month or two to figure it all out.

Oh and @JustinBrooke sent me ;-)

]]> By: Matthew Beach http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-155 Matthew Beach Wed, 11 Nov 2009 19:53:14 +0000 http://affbook.com/?p=28#comment-155 Wondering if anyone knows how this affects blogs/websites from other countries. I'm a Canadian resident but promote US based affiliate programs. I don't mind the whole disclosure thing and believe that if there is integrity in your marketing then why not disclose. Just wondering how far reaching the FTC's grasp is. Wondering if anyone knows how this affects blogs/websites from other countries. I’m a Canadian resident but promote US based affiliate programs.

I don’t mind the whole disclosure thing and believe that if there is integrity in your marketing then why not disclose. Just wondering how far reaching the FTC’s grasp is.

]]> By: Brian Littleton http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-54 Brian Littleton Mon, 12 Oct 2009 15:37:11 +0000 http://affbook.com/?p=28#comment-54 It's a fine line that major information sources walk here, because I agree with you that overreaction is a problem. However, no reaction gives off the impression of being disconnected. Personally, I've noticed that no matter what I write on this subject, the READERS are generally overreacting and only seeing the negative side. This is definitely a problem and one that makes me choose my own words even more carefully. It seems as soon as anyone sees the words "FTC" and "regulation" in one sentence they immediately start complaining. :) My own blog is an example of that and I'm going to try to be even more careful in the future when dealing with regulatory or legal issues to try to keep a level of calm. It’s a fine line that major information sources walk here, because I agree with you that overreaction is a problem. However, no reaction gives off the impression of being disconnected.

Personally, I’ve noticed that no matter what I write on this subject, the READERS are generally overreacting and only seeing the negative side. This is definitely a problem and one that makes me choose my own words even more carefully. It seems as soon as anyone sees the words “FTC” and “regulation” in one sentence they immediately start complaining. :) My own blog is an example of that and I’m going to try to be even more careful in the future when dealing with regulatory or legal issues to try to keep a level of calm.

]]> By: Stephanie Lichtenstein http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-50 Stephanie Lichtenstein Mon, 12 Oct 2009 01:31:58 +0000 http://affbook.com/?p=28#comment-50 You are right education is important. I just read your Disclosure tab and I think something like that is fine. We will see what else develops or if that is enough. Thanks for sharing this! You are right education is important. I just read your Disclosure tab and I think something like that is fine. We will see what else develops or if that is enough. Thanks for sharing this!

]]> By: John Powell http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-47 John Powell Fri, 09 Oct 2009 14:31:25 +0000 http://affbook.com/?p=28#comment-47 I got an email from an AM today that is probably the foretelling of a flood of TOS changes requiring some form of disclosure. That's how I found this post. I'm going to get one up similar to Privacy Policy and be done with it. Being open and honest about what we are about can only lead to more credibility in my view, and besides most folks won't even read it. :) I looked at the AskTheBuilder Disclosure, but I couldn't actually find where he was using it. I got an email from an AM today that is probably the foretelling of a flood of TOS changes requiring some form of disclosure. That’s how I found this post. I’m going to get one up similar to Privacy Policy and be done with it.

Being open and honest about what we are about can only lead to more credibility in my view, and besides most folks won’t even read it. :)

I looked at the AskTheBuilder Disclosure, but I couldn’t actually find where he was using it.

]]> By: Jonathan (Trust) http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-28 Jonathan (Trust) Thu, 08 Oct 2009 02:17:33 +0000 http://affbook.com/?p=28#comment-28 "That in and of itself tells me that affiliate model isn’t really on their radar." Yep, the word affiliate isn't even in that 81 page pdf. I remember when this was first brought up 3 years ago, you had a blog post about it then - http://www.jangro.com/affiliate-marketing/the-end-of-affiliate-marketing-xxxiv/ And I know they're aware of affiliate marketing because they've written about it in the past: FTC Approves Affiliate Marketing Rule Regarding Use of Consumer Information http://www.ftc.gov/opa/2007/10/affiliate.shtm among other things like that. So I think if they had affiliate marketing in mind with this, they would have mentioned it. I understand people wanting clarification, completely understandable but I don't see anything coming out of it affecting affiliates. At worst, like I said 3 years ago, a disclosure page somewhere on your site that nobody will ever read. “That in and of itself tells me that affiliate model isn’t really on their radar.”

Yep, the word affiliate isn’t even in that 81 page pdf.

I remember when this was first brought up 3 years ago, you had a blog post about it then – http://www.jangro.com/affiliate-marketing/the-end-of-affiliate-marketing-xxxiv/

And I know they’re aware of affiliate marketing because they’ve written about it in the past:

FTC Approves Affiliate Marketing Rule Regarding Use of Consumer Information

http://www.ftc.gov/opa/2007/10/affiliate.shtm

among other things like that. So I think if they had affiliate marketing in mind with this, they would have mentioned it. I understand people wanting clarification, completely understandable but I don’t see anything coming out of it affecting affiliates. At worst, like I said 3 years ago, a disclosure page somewhere on your site that nobody will ever read.

]]> By: Scott Jangro http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-27 Scott Jangro Thu, 08 Oct 2009 01:55:08 +0000 http://affbook.com/?p=28#comment-27 I did read all the examples in the guide before writing this and they don't cover nearly enough to answer these and other questions. We'll need more clarification from the FTC, especially over affiliate relationships. I admit I read through it quickly looking for pertinent stuff, but I don't think they once had an example of anything that resembled an affiliate relationship. That in and of itself tells me that affiliate model isn't really on their radar. I agree, they're going after the big fish and that the rest of us who aren't doing anything malicious or even misleading will go on without incident. Except... if merchants, networks, industry luminaries, etc., overreact and start causing problems where there weren't any. That, to me, may very well be the biggest risk. But that's for another post. I did read all the examples in the guide before writing this and they don’t cover nearly enough to answer these and other questions. We’ll need more clarification from the FTC, especially over affiliate relationships. I admit I read through it quickly looking for pertinent stuff, but I don’t think they once had an example of anything that resembled an affiliate relationship. That in and of itself tells me that affiliate model isn’t really on their radar.

I agree, they’re going after the big fish and that the rest of us who aren’t doing anything malicious or even misleading will go on without incident.

Except… if merchants, networks, industry luminaries, etc., overreact and start causing problems where there weren’t any. That, to me, may very well be the biggest risk. But that’s for another post.

]]> By: Jonathan (Trust) http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-26 Jonathan (Trust) Thu, 08 Oct 2009 01:50:02 +0000 http://affbook.com/?p=28#comment-26 A lot of the questions asked here and elsewhere have answers with examples in the FTC guide - http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf And they said they're more likely to go after advertisers, not bloggers, and those advertisers that use deceptive practices. They want the big fish, not your basic blog or site with affiliate links. A lot of the questions asked here and elsewhere have answers with examples in the FTC guide – http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf

And they said they’re more likely to go after advertisers, not bloggers, and those advertisers that use deceptive practices. They want the big fish, not your basic blog or site with affiliate links.

]]> By: Scott Jangro http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-23 Scott Jangro Wed, 07 Oct 2009 23:52:57 +0000 http://affbook.com/?p=28#comment-23 Sorry Jeff I mis-read you. When you consider that the endorsement guidelines were last updated before the PC even existed, it's remarkable that it has served for so long. You're right though, there's no way the FTC is going to go after the average blogger because they post about a book and link to Amazon's Associate program. It's just not worth their time and effort, if even possible. I'd also be amazed if the Advertising Tax States have managed to go after any merchants in any quantity. The FTC will save it for the big marketers who are blatantly misleading consumers. There's enough of them to keep their lawyers busy for a good long time without my having to worry much about my "Fix your DLP TV" post on Jangro.com (though I do disclose). Sorry Jeff I mis-read you.

When you consider that the endorsement guidelines were last updated before the PC even existed, it’s remarkable that it has served for so long.

You’re right though, there’s no way the FTC is going to go after the average blogger because they post about a book and link to Amazon’s Associate program. It’s just not worth their time and effort, if even possible. I’d also be amazed if the Advertising Tax States have managed to go after any merchants in any quantity.

The FTC will save it for the big marketers who are blatantly misleading consumers. There’s enough of them to keep their lawyers busy for a good long time without my having to worry much about my “Fix your DLP TV” post on Jangro.com (though I do disclose).

]]> By: Jeff James, Bridaluxe http://affbook.com/the-ftc-and-affiliate-disclosure/comment-page-1/#comment-22 Jeff James, Bridaluxe Wed, 07 Oct 2009 22:02:34 +0000 http://affbook.com/?p=28#comment-22 Hi Scott: I agree entirely that the motivations are different; the tax issue is do doubt about legislators scrambling for money and the FTC is certainly out to protect consumers. My observation was that technology has changed so dramatically and so quickly that it has left the states and FTC in what appears to be a cloud of virtual dust. In both cases, it's a mighty challenge to figure out what's fair, practical, and enforceable. Hi Scott: I agree entirely that the motivations are different; the tax issue is do doubt about legislators scrambling for money and the FTC is certainly out to protect consumers. My observation was that technology has changed so dramatically and so quickly that it has left the states and FTC in what appears to be a cloud of virtual dust. In both cases, it’s a mighty challenge to figure out what’s fair, practical, and enforceable.

]]>