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You're Probably at Risk of an FTC Compliance Action If
You Engage in Any of These High-Risk Marketing Activities...
(That is, if you don't have a working knowledge of our carefully-crafted strategies & tactics!)
Do You Do ANY Of These?
Do You Post Specific Results That Consumers Can Achieve With Your Product?
FEDERAL TRADE COMMISSION
If you do, the FTC says you're making an "ad claim".
An "ad claim" is a statement, express or implied, that's provable true or false regarding the superiority of the advertiser's product or service.
The challenge for marketers is that the FTC requires ad claims to be substantiated with "competent and reliable scientific evidence".
Do You Post "Success Story" Testimonials
From Your Clients
& Customers?
FTC v. ONLINE TRADE ACADEMY
The FTC says you're making an "ad claim" if you post a "success story "testimonial. The claim: most purchasers can achieve the same results.
The catch: if you can't substantiate this claim, you must post a "generally expected results" disclosure in close proximity to the testimonial.
Do You Offer a Continuity,
Auto-Renew Billing Plan?
Like, $49 Per Month
Until You Cancel.
FTC v. ADORE ME
The FTC and 30 states including the District of Columbia enforce laws regulating Continuity and Auto-Renew Billing Plans (also known as "Negative Option" plans).
The FTC has been hyper-active enforcing the federal statute "ROSCA", particular against marketers who offer "free" trials that automatically upgrade to a continuity plan. Each of these laws requires very specific and conspicuous disclosures for consumers, including an easy way for consumers to cancel recurring charges.
Do You Sell Work From
Home Business
Opportunities That Violate The FTC's
"Biz Op" Rule?
FTC v. WORK AT HOME EDU
The FTC’s “Biz Op” Rule applies if you're offering a to sell new business opportunities to consumers that provide consumers with "outlets, accounts, or customers".
The catch: the "Biz Op" Rule includes Internet outlets, accounts, or customers, including providing customers with websites and/or access to affiliate networks.
Do You Incentivize
Consumer Reviews?
FTC. v. URTHBOX
The FTC requires that your consumer reviews must be "independent", meaning that if you provide incentives to encourage consumer reviews, you must disclose that fact.
Failure to disclose incentives given in exchange for positive consumer reviews is grounds for an FTC Enforcement action.
Do You Engage in
Native Advertising?
FTC v. WORK AT HOME EDU
The FTC defines Native Advertising as "content that bears a similarity to news, feature articles, entertainment, and other material that surrounds it online".
The FTC's concern is "whether consumers can recognize what they are seeing is an advertisement or not". If reasonable consumers can't determine if the content is an ad, it's a deceptive marketing practice subject to an FTC enforcement action.
Do You Engage in eCommerce by Selling Your Physical Products on an eCommerce Platform?
FTC v. FASHION NOVA
The FTC's Mail Order Rule applies to eCommerce marketers who sell and ship physical goods. The Mail Order Rule requires merchants to ship each order within the time advertised or, if no time is advertised, within 30 days.
If shipping deadlines cannot be met, the merchant must send the buyer a shipping delay notice that offers the buyer “an option either to consent to a delay in shipping or to cancel the buyer’s order and receive a prompt refund.”
Do You Copy "Viral"
Images From Social
Media for Use with
Your online Promotions?
OTTO v. HEARST
Jonathan Otto, while attending a wedding at the Trump National Golf Club, used his smartphone to photograph President Trump dancing with the bride. Otto shared the photo with at least one wedding guest who posted it on Instagram.
The next day Otto was surprised to see that Hearst Communications had copied the photo off Instagram and published it on several of Hearst's news sites. Otto sued Hearst for copyright infringement claiming $4,000 in damages.
Are You an Affiliate
Marketer Who Promotes Products or Services for
Commissions?
FTC v. MOBE AFFILIATES
Deceptive practices by affiliate marketers are a top-priority concern of the FTC. In 2017, the FTC released a blog post warning consumers of the potential dangers of affiliate marketing.
The FTC: "Affiliate marketing is a good way to promote a product or service as long as the ad is truthful. The problem is that some dishonest affiliate marketers put out ads with exaggerated claims or misleading information to get people to click. They may say anything to get you to click on their ad because they have an incentive – getting paid."
Do You "Borrow" the Look
& Feel of Another's Branding for Your Promotions?
BRUCE BROWN v. NIKE
Branding is a marketing practice for creating a name, symbol or design that is easily identifiable to a specific marketer. Branding helps consumers identify and distinguish a specific product from other competing products.
Trademarks provide specific legal remedies for brand owners to bring legal claims against marketers that illegally appropriate their branding features.
Do You Use Influencers
on Social Media to
Provide Credibility for Your Promotions?
FTC v. TEAMI
Influencers are persons who have developed a significant following on social media platforms.
Deceptive practices by influencers on social media are a top-priority concern of the FTC.
The FTC's concern: consumers may be confused if an influencer recommends or even mentions a brand's product without disclosing that the influencer has a "material relationship" with the brand, including any financial, employment, personal or family relationship.
The FTC requires: (i) influencers to disclose to disclose "material relationships”, and (ii) brands to manage influencers regarding the disclosure requirements.
Do You Post Videos to Social Media Comparing Your Product to a Competitor's Product?
COORS v. BUD
Comparative advertising is a marketing strategy in which a marketer's product is presented as equal to or superior when compared to a competitor's product. Comparative advertising often involves a side-by-side comparison of the two products.
Comparative advertising isn't used exclusively by big, Fortune 500 companies.
Internet startups often use comparative advertising blended with content marketing for successful "ninja” marketing campaigns. Consider the successful launch of Dollar Shave Club.
FTC Guardian™ Has You Covered

CUSTOMIZED LEGAL DOCUMENTS
- 80+ Legal Documents
- Website Protection
- Marketing
- Promotion
- Intellectual Property

LEGAL COMPLIANCE BLUEPRINT & EASY TUTORIALS AND STRATEGIES
- Blueprint explains legal compliance step by step
- Tutorials & Strategies protect you where documents alone can't

MEMBER ONLY HANGOUTS
- Connect with Chip on Live Hangouts twice per month
- Stay on top of critical legal developments

TRUST SEAL RIGHTS
- Enhance confidence with prospects and customers
- Pop up certificate verifies membership agreement to follow FTC regulations and Code of Conduct

ENTERPRISE LEVEL MEMBERSHIP
- Licensing: Enterprise Members generate income by licensing use of the FTC Guardian™ Platform to their clients for generation of website protection
Documents Alone Won't Protect You…
You Need Simplified, Easy-to-Implement
Risk-Avoidance Strategies!
Generic, cookie-cutter forms that don't reflect your unique business offer scant legal protection.
Prepared By Top-Rated Internet Attorney Chip Cooper
Our Platform uses the same intelligent RBDA(Rule-Based Document Assembly) technology that Chip Cooper uses every day to create customized documents in his Internet law practice. Chip is a top-rated, full-time Internet Attorney who's in the trenches every day with online marketers!
Beware of automatically updated website legal documents!
There's no single strategy for any new legal development. For your protection, updates should not be made without your knowledge, and they should reflect your own specific risk-avoidance strategies. Be forewarned – there's no such thing as “set it and forget it” when it comes to protecting your online business from FTC claims.
The FTC Guardian Platform provides you the tools to decide how to update documents in response to new legal developments.
To Confidently Operate Your Business, You Need Simplified Explanations of Complex FTC Regulations and Easy-To-Implement Risk-Avoidance Strategies!
You have to look no further than the cases cited above to understand that the FTC is aggressively enforcing its regulations against online marketers.
Understand this: if you sell to consumers (including work-at-home customers) who are located in the United States, you're subject to the FTC's jurisdiction regardless of where you're located. And your personal assets are at risk; no corporation or LLC will protect them.
Make no mistake… cleverly worded disclaimers and other website legal documents won't adequately protect you if you don't operate your online business in compliance with FTC Regulations. It's as simple as that!
FTC Guardian provides easy 5-minute videos, tutorials, and Live Hangouts 2 times per month, with your questions answered, to help you develop your own risk-avoidance strategies.
What If FTC Compliance Could Become A Marketing Asset?
We Believe It Can!
After all, the pace of FTC enforcement has steadily increased since 2009, and it will continue at an increasing rate into the foreseeable future.
Your customers and prospects are becoming more aware of Privacy regulation. And they're also more aware of regulations affecting membership sites, continuity plans, and deceptive marketing.
FTC Guardian Members are authorized to display the Verified Member Trust Seal.
Display of the FTC Guardian Trust Seal could inspire trust in your prospects and customers.
As an FTC Guardian Member, you're required to comply with our Code of Conduct which states in part that you are committed to comply with rules and regulations regarding truth in advertising, including FTC decisions and regulations for:
- Online Advertising Claims
- Online Advertising Disclosures
- Continuity Plan Disclosures
- Testimonials and Endorsement Disclaimers
Privacy and Data Security of Personal Information.
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Chip Cooper, Internet Attorney
