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  1. #1
    ABW Ambassador joyaz's Avatar
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    FTC disclosure next to every Popshop?
    Okay I admit I haven't fulfilled the FTC disclosure thingy yet. So must we put a disclosure statement near every Popshop? It certainly can't go next to every product in our shops. I've read that one single disclosure somewhere on your site or in a disclaimer is not enough.

    I'd love to hear how some of you are handling this requirement as it relates to Popshops.

    Thanks for your help.

    "The journey of a thousand miles begins with a single step."

  2. #2
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    It's not a requirement and PopShops is just products so there really isn't nothing to fulfill. I would read thru these 2 threads


    http://forum.abestweb.com/showthread...&highlight=ftc

    http://forum.abestweb.com/showthread...&highlight=ftc

  3. #3
    ABW Ambassador ladidah's Avatar
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    To me Popshops is a store and that does not count. At least that is how I use Popshop.

    If I did a blog post on a particular product and were reviewing it I would personally put one up in that post.

    I am thinking about just eventually adding a blurb in my disclaimer or a link in my footer too.

  4. #4
    ABW Ambassador joyaz's Avatar
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    Thanks for the links and I have read through quite a bit so far. But when I read the basic premise of the FTC statement, it sure seems like pages of products need a disclosure. This issue is very confusing.

    According to the FTC, “The disclosure should be clear, conspicuous and aiming to “alert the reader” that there is a “connection between the endorser and the seller.”

    I guess I'll start with a blanket disclosure on a disclaimer page and continue to try to figure out if every page needs something. Here are a few links talking about this issue as it relates to affiliates.

    http://blog.2createawebsite.com/2009...osure-and-you/

    http://www.copyblogger.com/affiliate...ng-disclosure/

    http://www.essdreamteam.com/websiteb...an-you-thought

    "The journey of a thousand miles begins with a single step."

  5. #5
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    Some of what you linked to, those people just didn't read or have reading comprehension issues because this is nonsense -

    "but that doesn’t mean they won’t punish smaller affiliates and turn them into examples."

    In those 2 threads I linked too, there are quotes from the FTC themselves that refutes what I just quoted in this post.
    Last edited by Trust; December 29th, 2009 at 02:16 PM.

  6. #6
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    From the FTC -
    "To placate such fears, Cleland said the FTC will more likely go after an advertiser instead of a blogger for violations. The exception would be a blogger who runs a "substantial" operation that violates FTC rules and already received a warning, he said."

    "Richard Cleland: “That $11,000 fine is not true. Worst-case scenario, someone receives a warning, refuses to comply, followed by a serious product defect; we would institute a proceeding with a cease-and-desist order and mandate compliance with the law. To the extent that I have seen and heard, people are not objecting to the disclosure requirements but to the fear of penalty if they inadvertently make a mistake. That’s the thing I don’t think people need to be concerned about. There’s no monetary penalty, in terms of the first violation, even in the worst case. Our approach is going to be educational, particularly with bloggers. We’re focusing on the advertisers: What kind of education are you providing them, are you monitoring the bloggers and whether what they’re saying is true?”

    They're focusing on advertisers, not bloggers.

    The fine thing is not true.

    If anything you'll get a warning first.

    Popshops is just products, you're not saying this product cured your disease or getting paid up front for saying this product is nice. That's what they're talking about with endorsements. If you're doing that type of stuff, then you should have a disclosure. And they give examples of what they mean in the pdf they released. People should read it.

    And this has been in effect for about a month now, I haven't heard one story of the FTC getting any affiliate because of this and you probably won't.

  7. #7
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    Just to be clear: the FTC's primary concern is about deception, including the use of "paid shills" to create false or misleading endorsements of products or services, or who make false or misleading health claims about a product or service.

    As a practical matter, the real problem is "concealed advertising" relationships, including bloggers who are paid (in money or merchandise) for writing about a company.

    In my opinion, a PopShops grid (with affiliate links to the product page for each merchant), is very clearly advertising; there is no hidden relationship. In your site design, you could certainly choose to add a tag such as "advertisement" above or below the PopShops grid (I suppose that's an option that PopShops might choose to offer). Even if an unethical merchant chose to insert false or deceptive claims into their product descriptions without your knowledge, any reasonable consumer would recognize that this language comes from the advertiser, not the publisher.

    This issue has been aggressively over-hyped by bloggers and journalists seeking to fabricate worries. The FTC has been very, very clear that its focus is not on ordinary advertising relationships (including performance-based advertising), but on deception. The FTC has also been clear that it will not pursue bloggers or other web publishers, but instead any enforcement action would be against the advertiser. As noted in the prior post, this isn't absolute, as some of the worst deceptive-advertising cases involve "marketing intermediaries," so I would not be surprised if the FTC eventually initiated an enforcement action against a persistent abuser (such as spammers or other unethical folks who continue, after being terminated by merchants, by shifting the same deceptive promotions to other merchants).

  8. #8
    ABW Ambassador simcat's Avatar
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    Some of the really scammy stuff like miracle cures and diets, free offer/rebills...there is little or no contact between the 'merchant' and the customer/sucker. They leave the affiliate to do their dirty work.

    Those are the kind of affiliates that might have reason to worry.

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