The Extreme Ezine

Sheryl from Internet Marketers Guild  on October 7th, 2009

I am all for honest marketing.
I am not for the FTC saying things like “It will be on a case by case basis”.

Just wait until some mommy blogger mentions some diapers they got as a sample & thought they were great. She may only blog so, family can keep up on the kids. Someone will be pissy & turn her in. The FTC’s complaint box will be loaded with junk.

OOO, wait until people tweet a link with a twitpic showing the great dinner they won in a contest & everyone goes crazy. Oh no, they did not include a full disclaimer in that 140 characters.

As you know, I have to play on the bad side of the topic or it would be boring. That is until some blogger we know gets hauled in on a ‘case by case basis’.

Sheryl

This comment is my opinion & I was in no way compensated for adding content to Brian’s blog.
Oh, that’s not true, I get a free link back to my site.
Sheryl @Internet Marketers Guild´s last blog ..Is the FTC Going to Far

Brian D. Hawkins  on October 7th, 2009

I’m struggling with this one Sheryl. I’m not one to want more government control on anything. They can’t get anything right and most of the people in office seem very shady. Something needs to be done because the whole idea that ‘people regulate business with their dollars’ is a silly concept that’s just repeated over and over by those that don’t know what to say but want to sound smart.

I consider myself an internet marketer yet I haven’t sent a mailing out in a very long time solely for the purpose of an offering. It’s not that I think there is anything wrong with email marketing, it’s that the whole niche has left a bad taste in my mouth. There’s no point in me attacking individual marketers but it seems to be the most successful are the very people lying to their lists on a daily bases. Promises that this ‘video, course, ebook, membership site, seminar, program, script’ has everything needed to make $10,000 a month. The next day you get a similar email from the same mega-marketer about another product. Common sense would tell us they couldn’t possible try and test anything they are pushing. Here’s the problem;

The worse of the worse, in my opinion, are the very marketers that most are striving to be. They are admired and their lists grow to unbelievable sizes because they are making big money and everyone wants the end result. Very few are concerned with the path taken to get there or the people trampled on the way. They post an earnings disclaimer in the footer and figure they are covered so they can say anything they want. Can I coin the term ‘marketing whores’ or has someone already done that?

With all the said, I will admit the guidelines are very vague (not vauge, the Spanish word for vagina – I looked it up) and unclear. I can’t bring myself to believe anyone will be going after the honest review about a product. The guidelines only apply when getting paid to promote something with money or free product. If you like your cable company and write about it on your blog you only need to worry if the cable company is compensating you with money or even free cable.

Here’s one of the first things I thought of that I haven’t seen anyone mention yet. This is more against the FTC than for it but I try to look at both sides. Programs like surfing sites and safelists need to really look at this. Actually any membership site that has an affiliate program associated does. If you get free advertising, for example, by referring others you may have a problem if you are not declaring that on every ad.

It’s a huge issue and the government, as usual, has done a great job in causing commotion by wording things like a sixth grader writing a high school graduation speech.

Hey, I thought size didn’t matter!
Brian D. Hawkins´s last blog ..Get Featured With Our Promotional Buttons

Suzanne Franco  on October 7th, 2009

Wow … this thing is going to create quite a frenzy … but I guess when all is said and done I too hope for a more trustworthy internet. As internet marketers we have a duty to all to be honest and forthcoming in what we write and endorse but unfortunately there are always going to be those who screw it up for the rest of us. Like Sheryl said I would hate to see a blogger make an honest mistake made and end up being fined over something ridiculous. I guess it remains to be seen and as stories arise about who gets “tagged” for this thing we’ll know the true extent of what’s coming. *SmiLes* Suzanne

P.S. Brian – hope you’re well *huGs*
Suzanne Franco´s last blog ..BANS EPN Earnings Update July and August 2009

Brian D. Hawkins Reply:
October 8th, 2009 at 5:21 am

Hi Suzanne, Nice to hear from you, it’s been a while. No one knows at this point but I don’t think the FTC really has the resources to go after the average blogger mistakenly bending the rules even if they even wanted to. In fact, I wouldn’t be surprised if this whole thing dies down amounting to nothing overall, good or bad.

JamesM  on October 8th, 2009

Okay, first of all, how does this affect international marketers? I won’t reiterate the obvious, but how do you regulate across international borders – how about US websites hosted abroad, or UK marketers hosting sites in the UK. How about the Indian subcontinent and all the dross that’s pumped out from there daily?

Secondly, how does this proposal affect somebody who is promoting vacations for example? Is it expected that a writer has visited every hotel they write about, or how about just the locale. Is the country sufficient?

I agree however that increased public confidence is not only beneficial, but crucial to the continued growth of online enterprise.
JamesM´s last blog ..Upgraded directory script to PHPLD 4.0

Brian D. Hawkins Reply:
October 8th, 2009 at 5:39 am

You’re right James, The US can’t control the world. Just like the CAN-SPAM Act, that’s not helping with all the spam coming out of other countries. In fact, the US is still the largest source of e-mail spam. [ sources: Spamhaus | ISPreview UK | Business Week ] It doesn’t look like the CAN-SPAM Act is very effective even here in the US so I don’t expect these guidelines will do much in the way of actually cleaning up anything.

As far as things like travel agents promoting vacations I believe they don’t have to actually visit the place, they just need to declare they’re being compensated in some way by recommending certain places and services. The ‘actually trying things’ was my proposal and, as of yet, the Government isn’t accepting my consultations

PAul from entertainment tonight  on October 15th, 2009

I believe that as long as there are disclosure then you are safe from the FTC.
PAul@entertainment tonight´s last blog ..Pilipinas Got Talent in need of People for Audition

Brian D. Hawkins Reply:
October 17th, 2009 at 11:48 am

I think you’re right Paul, a disclosure should cover things. I’m trying to use my disclosures as a way to build trust and benefit from extra promotion. See this post’s disclosure at the bottom of the article.
Brian D. Hawkins´s last blog ..News Related AdSense Site – First Month = One Hundred Dollars

Sheryl from Dogs Accessories  on October 17th, 2009

I even had Zed write a little Disclaimer for his post about Natural Gas Relief. He made it funny yet, it says he has an affiliate link in the post.

Although having the FTC come after a dog would be funny…the fine would still make it’s way back to ME!

We do NOT hide our affiliate links. If anyone puts the curser over the Anchor Text they see the raw link is going off site & has a number associated.

Guess to many people may not understand how URL’s are designed.

After watching this topic, I think the FTC will stay out of most bloggers way unless the blogger gets complaints (that are valid). They also seem more worried about Testimonials than anything.

Maybe I could start a new service writing ‘bad’ testimonials. That way a person could look more valid if they had a ‘not to damaging’ complaint along side of their Rave Reviews.
Sheryl @Dogs Accessories´s last blog ..Printable Dog Stencils For Pumpkins

Brian D. Hawkins Reply:
October 17th, 2009 at 8:09 pm

Yeah Sheryl, we should start a new code. The FTC will never catch on. Gay can mean happy and joint can be a place to go.

Suzanne Franco Reply:
October 17th, 2009 at 9:32 pm

LOL … ROTFLMAO!!! Ha ha ha … too funny!
Suzanne Franco´s last blog ..BANS EPN Earnings Update July and August 2009

Keith from Canadian Prescriptions  on October 20th, 2009

As long as the blogger or site owner isn’t recommending over-priced crap, under-performing products with no support backup, or anything else just to earn a commission, he/she should have no problems. SHOULD is the operative word in that sentence. That word doesn’t apply when talking about a government agency.

Government agencies like the FTC do not exist to protect the public, though that is what they say. Agencies like this actually exist to raise the cost of doing business. This whole FTC flap will really serve to discourage many people from entering the market. This is another chapter of the Full Employment For Attorneys Act. Remember who writes the law (is the percentage 90% of CONgress that are attorneys now?) and remember that they usually write so it is difficult to really understand for the average person.

“Internet attorneys” are popping up now, offering software that will write your disclosures for you. These are being promoted by, you guessed it, affiliates who are now earning commissions here, too.

My main income is Adsense (poor me!) Will I be required to post a disclaimer next to each ad? Will the answer to that question depend on how the agent’s wife cooked supper the night before? Or whether he/she is trying to quit smoking? Or whether his boss hates him? Discretion in these kinds of matters is not a good thing and that is exactly what “case by case” means.

Bottom line: I do not trust FTC or its agents to be completely fair or to act completely within the letter of the law.

Brian D. Hawkins Reply:
October 21st, 2009 at 1:02 am

Hi Keith, It doesn’t matter if it’s over-priced and under-performing crap or the crown jewel, if you’re recommending it and don’t use it and disclaim it in writing you are technically subject to deep doodoo after December 1, 2009. Yes, that’s the technical name,’deep doodoo’.

Here’s the scary part that should have a ton of Bloggers and email marketers looking hard at their procedures, “In contrast to the 1980 version of the Guides – which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as “results not typical” – the revised Guides no longer contain this safe harbor.” That’s taken from the FTC press release on the matter.

I agree with you 100%, any time we get big brother involved we end up with a wedgie. Sorry, it’s two in the morning and I should be in bed

This quote it about as well said as I’ve seen, “Government agencies like the FTC do not exist to protect the public, though that is what they say. Agencies like this actually exist to raise the cost of doing business”.
Brian D. Hawkins´s last blog ..News Related AdSense Site – First Month = One Hundred Dollars

Sheryl from Marketers Guild  on November 27th, 2009

Have you seen many people making changes yet?

The sites I see being pounded out for this is “Online Internet Attorney”. Funny thing is many of them have testimonials. They have also set up affiliate plans & every dog in the park is posting links to their buy “legal docs”.

I also looked at some of those pushing the legal docs sales sites & the affiliates don’t have a disclaimer in site. So, are they just waiting to post theirs or are they just trying to make a fast buck?

Things that make ya go Hmmmm?
Sheryl @Marketers Guild´s last blog ..Google Adwords is Making Changes

Brian D. Hawkins Reply:
November 29th, 2009 at 11:21 pm

Hi Sheryl, I’ll have to look into that. I’ve been off line a lot lately and I’m running behind and loosing traction. I’ll post about it soon on my personal blog.

The funny thing is people like us were already doing the right thing. We don’t push every program that hits our inbox for a quick dollar just to find another program ‘to swear by’ tomorrow.

I know one thing, my inbox has thinned a lot but not because marketers are sending less, I started an unsubscribing crusade. I unsubscribe to every email that I want to delete before opening. I’m left with very little email – just the way I want it.
Brian D. Hawkins´s last blog ..The Keyword Academy – My Highest Recommendation

Brian D. Hawkins » Blog Archive » My Business Proposition To Tiger Woods  on December 5th, 2009

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