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3 Critical Things Blog Site Webmasters Need To Know About
The FTC's New Blog Regs
Copyright ©2009 Chip Cooper
In recognition of the increasing influence of social media online, the Federal Trade Commission (FTC) on October 5, 2009, for the first time since 1980, issued new regulations governing online testimonials and endorsements by bloggers.
If you operate a blog site, your exposure to legal liability may have increased exponentially. Violators could be fined up to $11,000. And you face new liability associated with statements made by your endorsers, such as affiliates.
It's critical that you understand how these regulations affect your website business.
A Quick Summary
In a nutshell, the new regulations are aimed at protection of online consumers. The FTC wants to regulate blogs to see if they're trading testimonials and favorable reviews for some kind of financial reward. That's a good thing.
The not-so-good-thing is that the new regulations may be overbroad and even in conflict with existing legal precedent. As a result, they may subject harmless, every-day activities to potential liability. Serious liability.
A good way to see how the regulations affect you is to consider 3 basic questions discussed below.
No. 1 - Threshold Question: Are You Even Covered By The New Regulations?
If you have a blog on your site, or if a blog is essentially your site, and all you do is publish creative content about your areas of interest, you're not even covered by the new regulations.
No worries.
No. 2 - Are You Promoting Someone Else's Products or Services?
If you promote or pitch someone else's products or services on your blog, there are 2 key requirements under the new regulations:
* disclose "material connections" -- you must disclose all incentives you receive -- cash, gifts, benefits, etc. - for promoting or pitching the product or service, and
* disclose typical results -- you can't get away any more with small print disclaimers such as "results not typical"; you're now required to provide a more complete and forthright picture of what can be reasonably expected from a product or service.
If you're a violator, you could be fined up to $11,000. In addition, you could be held liable for false, misleading, and unsubstantiated statements.
This all sounds like a great win for consumers; however, It doesn't take much creativity to imagine horror stories with the "material connections" requirement.
Example: suppose you're a book reviewer. Book publishers routinely send you free books to review. If you fail to disclose that the book was free in your review, will you be fined $11,000? Technically, your failure to disclose the free book would be a violation, but would you be fined? That's anyone's guess. If you're not fined, and someone else in a similar position is fined, is that selective enforcement? As you can see, there're a lot of potential problems with well-intentioned, but overbroad regulation.
No. 3 - Do You Recruit Other Bloggers To Pitch Your Products or Services?
If you recruit other bloggers to pitch your products or services, such as affiliates, you're an "advertiser" under the regulations. As an advertiser that sponsors endorsers, under the new regulations you're required to:
* provide guidance and training to ensure that statements made by your affiliate-bloggers are truthful, not misleading, and substantiated, and
* monitor your affiliate-bloggers and take steps necessary to stop the publication of deceptive representations when they are discovered.
The new regulations apparently embody the concept that advertisers can be held liable for the endorsement-related sins of their affiliate-bloggers. The FTC stated: "It is foreseeable that an endorser may exaggerate the benefits of a free product or fail to disclose a material relationship where one exists. In employing this means of marketing, the advertiser has assumed the risk that an endorser may fail to disclose a material connection or misrepresent a product, and the potential liability that accompanies that risk".
Legal scholars are now debating whether this new liability exposure for advertisers is in conflict with a well-established legal defense provided by a federal statute (47 USC 230(c)(1)), which reads: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." In simple terms, this statute has been interpreted to mean that Party A is not liable for Party B's online content.
Has the FTC overlooked 47 USC 230 in its haste to regulate? The courts will have to sort this out. Only time will tell.
Conclusion
The FTC was well-intentioned in its new blog-related regulations. Protection of online consumers is a worthy undertaking.
However, overbroad regulations, particularly if they are in part contrary to well established legal precedent may create as many problems as they solve.
One thing is clear, however -- if you fall under No.s 2 or 3 above, protecting yourself from unexpected legal liability should be a high priority.
About
the Author: Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website documents for small websites with his MyLegalFirewall website documents drafting service. Discover how quick, easy, and cost-effective it is to determine which legal documents you need, draft them online, and claim your FREE Special Report, Determine Which Legal Documents Your Website Really Needs, at ==> http://digicontracts.com/kits/firewall.aspx |
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Simple Twitter Tips That Attract Clients and Partners
Copyright (c) 2009 Meredith Liepelt
According to Mashable.com, a leading authority on social media, there are currently over 12 million users on Twitter. Another resource called istrategylabs.com reports that 46% of Twitter users are college grads, and another 17% have post graduate degrees. Furthermore, 47% are between age 18 and 34, and another 31% are between 35 and 49. Males and females are evenly ranked, with women accounting for 53% of users and men 47%. If your target market falls within these demographics, actively participating on Twitter is probably worth your while.
Twitter is simply a micro blogging service. What does that mean? It means that you write short updates (140 characters maximum) called "tweets" and send them out to your followers. And it is a marketer's dream come true - it's an easy way to stay in front of your target market and showcase your authority at no charge!
The myth around Twitter is that Twitter users (called tweeple or tweeps) tweet about useless information such as what kind of coffee they had with breakfast. Yes, some of that exists and it is actually important as you'll see below, but once you understand the power of connecting on Twitter, you may become a Twitter convert, just like me.
So, if you're on Twitter or considering starting, the question becomes, "what do I tweet about that will make this a useful tool for me?" Here are some categories you can consider for your tweets. There are others but these will get you started:
Industry Tips
This is a big one. You are on Twitter to showcase your expertise, so industry tips act as your credibility builders. Here's how to do it: Create a list of high value tips (remember - no more than 140 characters long) and send one or two out every day. If you don't want to have to manually do this yourself every day, consider a free tool called TweetLater.com to set up your tweets in advance. If your tweets are really good, others will send them out to their lists as well. This is called a "re-tweet," and it's a super way to quickly build you list of targeted followers.
Here is one of my recent tweets that had a great response:
"Connect Others: Be willing to connect others even if it has nothing to do with your business. What goes around, comes around."
About Your Business
Use this category sparingly. In other words, if you use Twitter as a place to advertise your products and services too much, people will stop following you. This is not what Twitter is about. It is really about raising awareness of you and your business and impacting others. Use the 80/20 rule here. For every eight tweets about things other than your business, you can post two things about your business.
Here is an example:
Hey Columbus: I'll be on Fox tomorrow at 7:45 where you can see me interviewed about my new book, Flourish!
Re-Tweets
When some re-tweets you, they are giving you the highest compliment you can get on Twitter! It means that the person who re-tweeted you thinks that what you said is worth sharing with their own list of followers. This is like having someone ask you to a meeting so they can introduce you their entire list of contacts. When you get a re-tweet, send them a short tweet thanking them! Re-tweet others who are tweeting things that you agree with or want your followers to read.
If you are not familiar with Twitter, the example below probably won't make a lot of sense because of all of the abbreviations, but they are necessary given that you only have 140 characters. Abbreviations are outside the scope of this article, but just know that it's really not as scary as it looks!
RT @getgreatcopy: New blog post: The Sixth Habit of Highly Effective Communicators http://bit.ly/175XGS Gr8 stuff Jan, as usual.
Quotes
Tweeps seem to love quotes. If you are also a fan of quotes, compile a list and send one or two out every day. Again, you can use tweetlater.com to set these up in advance so you don't have to manually enter them every day. Simply set up these tweets for a month and then watch your re-tweets happen!
Here's an example of one that I recently posted:
"The pursuit of pleasure must be the goal of every rational person." Voltaire
Invitations
Invite tweeps to your free events. No-cost events like teleseminars are great to tweet about because people love to share high-value, low-cost information with their lists. When you offer something without a cost - a workshop, teleseminar or report, your tweets about it are likely to get re-tweeted, which provides you with greater exposure to your target market.
Here's an example of one of my recent posts:
"How 2 write your book in a weekend - free telesemimar w/ @donnakozik. http://bit.ly/127GtU "
Personal
Include some personal things that are going on with your life. What you choose to include is entirely up to you; however, be sure to be relatable. You don't have to share your deepest inner thoughts or too much detail about your family, but sharing something about what you did over the weekend makes you more relatatable. Remember, Twitter is about connecting with people. Other people on Twitter want to connect with people - not stale businesses. People often connect on a personal level over food, pets or hobbies. This is why these seemingly unimportant tweets are actually very fruitful. These are pretty safe personal topics. General things about kids are another hot topic under this category. Just be aware that anything you say is out there for the world to read.
Here's an example I tweeted recently:
"Interesting pop culture moment: Told a story to my sister, who lives in Vietnam & realized she doesn't know who Sara Jess. Parker is!"
As you can see, Twitter is simply an online forum for connecting with others in 140 characters or less. Big and small brands are using Twitter to connect and impact their target markets and locate joint ventures. Can you, too?
About
the Visiting Author: Copyright (c) 2009 Meredith Liepelt, Rich Life Marketing Meredith Liepelt, President of Rich Life Marketing, offers a free report called "101 Ways to Attract Ideal Clients, Build Your List and Raise Your Profile," which can be downloaded immediately at http://www.RichLifeMarketing.com . |
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