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	<title>FTC Online Advertising Guidelines &#8211; FTC Guardian</title>
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		<title>Fighting the Tricks Tech Companies Use to Get Your Data</title>
		<link>https://www.ftcguardian.com/articles/fighting-the-tricks-tech-companies-use-to-get-your-data/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Tue, 28 May 2019 10:16:02 +0000</pubDate>
				<category><![CDATA[FTC Claims]]></category>
		<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Privacy Policy]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Terms and Service]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=7273</guid>

					<description><![CDATA[Why the Checkbox Was Already Clicked: Fighting the Tricks Tech Companies Use to Get Your Data By BEN BRODY, GERRIT DE VYNCK, and BLOOMBERG  Two U.S. senators introduced a bipartisan bill that would ban “manipulative” design features and prompts that let large websites &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1 class="headline heading-content margin-8-top margin-16-bottom">Why the Checkbox Was Already Clicked: Fighting the Tricks Tech Companies Use to Get Your Data</h1>
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<div class="author-text" data-tracking-zone="author">
<p>By <a href="http://fortune.com/2019/04/09/social-media-facebook-twitter-google-personal-data/">BEN BRODY, GERRIT DE VYNCK, and BLOOMBERG </a></p>
</div>
</div>
<div id="article-body" class="article content body clearfix" data-tracking-zone="body">
<div class="padded">
<p>Two U.S. senators introduced a bipartisan bill that would ban “manipulative” design features and prompts that let large websites such as Alphabet’s Google or Facebook “trick consumers into handing over their personal data.”</p>
<p>Democratic Senator Mark Warner and Republican Senator Deb Fischer introduced the bill on so-called “dark patterns” on Tuesday, according to a news release from Warner’s office. Such features, based on behavioral psychology, include pre-checked boxes or pop-ups in the middle of an activity—such as an e-commerce purchase or reading a story online—that prompt users to consent to the collection of personal data.</p>
<p><a class="popup_BIG_DATA" data-toggle="modal" data-target="#popup_BIG_DATA_modal" href="#"><img decoding="async" src="/images/button_banner-Big_Data_Report.png" alt="" /></a></p>
<p>The bill, which would only apply to websites with more than 100 million monthly active users, comes as anger with large internet platforms has led to rising calls for regulation. Although the bill introduced Tuesday is bipartisan, key committees that would have to legislate on the issue have not yet picked up the effort. So far, congressional efforts to pass a national privacy law have gained the most momentum with lawmakers.</p>
<p>“For years, social media platforms have been relying on all sorts of tricks and tools to convince users to hand over their personal data without really understanding what they are consenting to,” Warner, who serves as vice chairman of the Senate Intelligence Committee, said in a statement. The legislation is dubbed DETOUR, for “Deceptive Experiences to Online Users Reduction” Act.</p>
<p><a href="http://fortune.com/2019/04/09/social-media-facebook-twitter-google-personal-data/">Read the full article here</a>.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<h2>Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.</strong></a></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener"><strong>Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover in the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
</div>
</div>
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		<title>How to know when holiday advertising lies to you</title>
		<link>https://www.ftcguardian.com/articles/how-to-know-when-holiday-advertising-lies-to-you/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Tue, 28 Nov 2017 00:47:00 +0000</pubDate>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Online Advertising]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5718</guid>

					<description><![CDATA[How to know when holiday advertising lies to you By Jeanette Kazmierczak In many cases, consumers are lured by many weeks’ worth of retail ads, marketing special holiday deals and the “best prices” of the holiday shopping season. Advertisements may &#8230;  ]]></description>
										<content:encoded><![CDATA[<div class="article__article-story">
<div class="article-story">
<h1 class="article-story__headline grid__scroll-hook" data-scroll-hook-name="article-story__headline">How to know when holiday advertising lies to you</h1>
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</div>
<div class="article__author" data-grid-gutter-top="right">
<div class="author">
<div class="author__container">
<div class="author__data">
<p class="author__item"><span class="author__name">By <a href="http://www.wbir.com/article/money/magnify-money/how-to-know-when-holiday-advertising-lies-to-you/507-487538760">Jeanette Kazmierczak</a></span></p>
</div>
</div>
</div>
</div>
<p>In many cases, consumers are lured by many weeks’ worth of retail ads, marketing special holiday deals and the “best prices” of the holiday shopping season.</p>
<p>Advertisements may not measure up to consumer expectations, so it’s all about reading the fine print.</p>
<p><a class="popup_7TLM_Cheat_Sheet" data-toggle="modal" data-target="#popup_7TLM_Cheat_Sheet_modal" href="#"><img decoding="async" class="aligncenter" src="/images/button_banner-7TLM_Cheat_Sheet.png" alt="" /></a></p>
<p>To avoid frustration and overspending, which can dampen your holiday spirit, be aware of these five lies you might hear from retailers. Depending on the retailer, some of these may be truth, but knowing that they potentially could be misleading you will help you be a smarter holiday shopper.</p>
<p>1. &#8220;We have the lowest prices of the season.&#8221;</p>
<p>2. “The price is 50% off the ‘original’ price.”</p>
<p>3. “These deals are only while supplies last.”</p>
<p>4. “You can get an extra 10% off when you sign up for a store credit card.”</p>
<p>5. “We have special deals on name-brand items.”</p>
<p>“It’s bad for the economy because people are not shopping as long as they normally would,” he says. “The retailer has used false information in an effort to get you to stop shopping right there and make that transaction based on something that’s a false premise. In the aggregate, that means there is resource misallocation.”</p>
<p>If a big-name store running a national campaign has only a few of the items in stock, consumers might have a deceptive advertising case for the Federal Trade Commission.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>FTC Obtains $40 Million in Sanctions in Weight Loss Advertising Battle with Beleaguered Supplement Manufacturer</title>
		<link>https://www.ftcguardian.com/articles/ftc-obtains-40-million-in-sanctions-in-weight-loss-advertising-battle-with-beleaguered-supplement-manufacturer/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 05 Nov 2017 13:07:08 +0000</pubDate>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[FTC Claims]]></category>
		<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[Federal Trade Commission]]></category>
		<category><![CDATA[FTC Online Advertising]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Marketing]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5658</guid>

					<description><![CDATA[FTC Obtains $40 Million in Sanctions in Weight Loss Advertising Battle with Beleaguered Supplement Manufacturer By Josh Long What began in 2004 with a government complaint filed over weight loss advertisements has culminated 13 years later in one of the &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1 class="post-title">FTC Obtains $40 Million in Sanctions in Weight Loss Advertising Battle with Beleaguered Supplement Manufacturer</h1>
<p>By <a href="https://www.naturalproductsinsider.com/blogs/insider-law/2017/10/ftc-obtains-40-million-in-sanctions-in-weight-los.aspx">Josh Long</a></p>
<p>What began in 2004 with a government complaint filed over weight loss advertisements has culminated 13 years later in one of the largest monetary judgments ever obtained by the Federal Trade Commission (Commission) in a case involving dietary supplements.</p>
<p><a class="popup_7TLM_Cheat_Sheet" data-toggle="modal" data-target="#popup_7TLM_Cheat_Sheet_modal" href="#"><img decoding="async" class="aligncenter" src="/images/button_banner-7TLM_Cheat_Sheet.png" alt="" /></a></p>
<p>Commenting on Pannell’s order in a press release, the Commission noted it may use all or part of the $40 million judgment to provide refunds to duped consumers who purchased the supplements.</p>
<p>“The court’s decision sends a strong message that companies marketing these products need to have proper scientific evidence to support their advertising claims,&#8221; said Evan Mendelson, an FTC staff attorney who worked on the case, in an emailed statement.</p>
<p>Read full article and learn more about <a href="https://www.naturalproductsinsider.com/blogs/insider-law/2017/10/ftc-obtains-40-million-in-sanctions-in-weight-los.aspx">Deceptive Advertising here</a>.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>Gulf Breeze Recovery Applauds Google&#8217;s Decision on Deceptive Drug Rehab Advertising</title>
		<link>https://www.ftcguardian.com/articles/gulf-breeze-recovery-applauds-googles-decision-on-deceptive-drug-rehab-advertising/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sat, 28 Oct 2017 12:57:49 +0000</pubDate>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[Ad Claims]]></category>
		<category><![CDATA[Advertising]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Online Complicance]]></category>
		<category><![CDATA[Online Marketing]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5569</guid>

					<description><![CDATA[Gulf Breeze Recovery Applauds Google's Decision on Deceptive Drug Rehab Advertising By Barnett Gilmer Google recently made an incredibly important decision that we are confident will help protect those who are at a vulnerable time in their life on the search &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1 class="article-title">Gulf Breeze Recovery Applauds Google's Decision on Deceptive Drug Rehab Advertising</h1>
<p>By <a href="http://www.prweb.com/releases/2017/10/prweb14777746.htm">Barnett Gilmer</a></p>
<p class="responsiveNews">Google recently made an incredibly important decision that we are confident will help protect those who are at a vulnerable time in their life on the search for a reputable drug and alcohol rehabilitation facility.</p>
<p><a class="popup_DATA_BROKER" data-toggle="modal" data-target="#popup_DATA_BROKER_modal" href="#"><img decoding="async" src="/images/button_banner-Data_Broker.png" alt="" /></a></p>
<p class="responsiveNews"><strong>Here’s what was happening:</strong><br />
Before Google made this decision, anyone could pay to run an ad at the top of your search results for essentially anything related to alcohol and drug rehabilitation. Illegitimate “facilities,” such as “referral” services that are being paid a commission for leads were paying to be linked to specific keywords such as: drug rehabilitation center, alcohol rehabilitation facility, heroin detoxification, drug treatment, alcohol treatment, etc. These referral services would earn a commission by luring the person seeking treatment to a particular drug or alcohol recovery center that was paying the “finder’s fee.” Many people would also be lured into facilities that might advertise as a “holistic drug rehab” or a quality “non-12 step drug rehab” but were really a facility only interested in finding ways to bill insurance companies for services they didn’t provide.</p>
<p class="responsiveNews">If all drug and alcohol treatment centers would act legitimately, then there wouldn’t be a problem. Unfortunately, scammers buying these keywords effectively preyed on vulnerable people who were attempting to save themselves or their loved ones.</p>
<p>Read full article and learn more about <a href="http://www.prweb.com/releases/2017/10/prweb14777746.htm">Deceptive Advertising here</a>.</p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>4 Things Marketers Should Know About the FTC’s Latest Crackdown on Influencer-Driven Social Media</title>
		<link>https://www.ftcguardian.com/articles/4-things-marketers-should-know-about-the-ftcs-latest-crackdown-on-influencer-driven-social-media/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 15 Oct 2017 12:03:19 +0000</pubDate>
				<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[FTC Online Advertising]]></category>
		<category><![CDATA[Social Media]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[Federal Trade Commission]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Online Complicance]]></category>
		<category><![CDATA[Social Media Compliance]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5573</guid>

					<description><![CDATA[Here are the basics of what you can and cannot do By Lauren Johnson Do you know the difference between an #ad, #sponsored content and a brand #partnership? As more brands turn to influencers to crank out social media posts, the &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1 id="subtitle">Here are the basics of what you can and cannot do</h1>
<div class="byline ">
<div id="contributor-byline">
<p class="contributor">By <a href="http://www.adweek.com/digital/4-things-marketers-should-know-about-the-ftcs-latest-crackdown-on-influencer-driven-social-media/">Lauren Johnson</a></p>
<p class="contributor">Do you know the difference between an #ad, #sponsored content and a brand #partnership?</p>
</div>
</div>
<div>
<p>As more brands turn to influencers to crank out social media posts, the Federal Trade Commission updated its endorsement guidance last month, giving more clarity into what specific language creators can and cannot use when working with brands on sponsored content.</p>
<p><a class="popup_7TLM_Cheat_Sheet" data-toggle="modal" data-target="#popup_7TLM_Cheat_Sheet_modal" href="#"><img decoding="async" class="aligncenter" src="/images/button_banner-7TLM_Cheat_Sheet.png" alt="" /></a></p>
<p><strong>1. Clever hashtags don’t cut it</strong></p>
<p>There are still a lot of grey areas in the language that the FTC deems OK in distinguishing ads from regular content, but the latest round of recommendations does pin down two recommended hashtags for paid content: #ad and #sponsored. Per the government agency, both hashtags make it super clear that a person is working with a brand without leaving any wiggle room for interpretation.</p>
<p>“We know that the influencer has a relationship with the brand—whether they’ve been paid or received a gift or they’re an employee or even the owner—there has to be a disclosure that it’s paid,” Altshuler said.</p>
<p>Read full article to find out the other <a href="http://www.adweek.com/digital/4-things-marketers-should-know-about-the-ftcs-latest-crackdown-on-influencer-driven-social-media/">3 must know things for influencer-driven social media here.</a></p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
</div>
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		<title>3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid   </title>
		<link>https://www.ftcguardian.com/articles/3-can-spam-blunders-that-every-internet-marketer-should-avoid/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 13 Aug 2017 22:44:40 +0000</pubDate>
				<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Internet Marketing]]></category>
		<category><![CDATA[Online Advertising]]></category>
		<category><![CDATA[Online Complicance]]></category>
		<category><![CDATA[Online Marketing]]></category>
		<category><![CDATA[Technology]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5231</guid>

					<description><![CDATA[3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid By Chip Cooper, Esq Experienced Internet marketers often operate under the misconception that the CAN-SPAM Act doesn’t apply to most routine business communications.  With CAN-SPAM Act fines of up to $16,000 &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1><strong>3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid</strong></h1>
<p>By Chip Cooper, Esq</p>
<p>Experienced Internet marketers often operate under the misconception that the CAN-SPAM Act doesn’t apply to most routine business communications.  With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number.</p>
<p>That’s why Internet marketers should avoid 3 blunders that are CAN-SPAM traps for the unwary.</p>
<p><strong>The CAN-SPAM Act</strong></p>
<p>The CAN-SPAM Act of 2003 (CAN-SPAM) promised to provide remedies against annoying and unsolicited bulk email known as “spam”.  Typical of legislation that starts out with limited objectives, CAN SPAM reaches much further than regulating unsolicited, bulk email – and that’s where the blunders come into play.</p>
<p><a class="popup_SDLM" data-toggle="modal" data-target="#popup_SDLM_modal" href="#"><img decoding="async" src="/images/button_banner-SDLM.png" alt="" /></a></p>
<p>Before we get to the blunders, let’s review CAN-SPAM’s 5 basic rules as supplemented by amendments enacted in 2008:</p>
<ul>
<li>header information (identifiers such as To, From, IP Address): must not be materially false or materially misleading;</li>
<li>subject line: must not mislead the recipient about a material fact regarding the email’s contents or subject matter;</li>
<li>return email address: must contain a functioning email address that the recipient can use to request no further messages;</li>
<li>requests to unsubscribe: if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and</li>
<li>contents: the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).</li>
</ul>
<p>In addition to supplementing the 5 basic rules, CAN-SPAM’s 2008 amendments added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.  Under the new “designated sender” rule, multiple contributors to the email may designate as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.</p>
<p>“Commercial” emails are required to comply with all 5 of the basic rules, plus the “designated sender” rule.</p>
<p>“Transactional or relationship message” emails are required to comply only with the header information requirement and the “designated sender” rule.</p>
<p><strong>Blunder 1 – CAN-SPAM Applies Only to Bulk Email, Right?</strong></p>
<p>Not true.</p>
<p>Although much of the publicity surrounding the passage of CAN-SPAM focused on regulation of unsolicited, bulk email, there is no minimum number of emails for CAN-SPAM to apply; CAN-SPAM applies to even a single email.</p>
<p>So, if a single email relates to the business of an individual or entity, it’s a “commercial” email and CAN-SPAM applies, and the email is subject to all 5 of the basic rules, plus the “designated sender” rule.</p>
<p><strong>Blunder 2 – CAN-SPAM Only Applies to Unsolicited Email, Right?</strong></p>
<p>Not true.</p>
<p>The Federal Trade Commission (FTC) made it clear that CAN-SPAM may apply to emails that are solicited.  The FTC stated in regulations issued in 2008 that the FTC would view email newsletters that were subscribed to (or solicited by) a person to fall within the definition of a “transactional or relationship message” if the newsletter consists exclusively of informational content or combines informational and commercial content.</p>
<p>So, even if the email newsletter is solicited by the recipient, CAN-SPAM applies; however, as discussed above, as a “transactional” email, the sender is required to comply only with the header information requirement and the “designated sender” rule.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<p><strong>Blunder 3 – Regular “Business-to Business” Emails are Not Covered by CAN-SPAM, Right?</strong></p>
<p>Not true.</p>
<p>The FTC made it clear in 2008 that emails sent in connection with what most businesses view as “business-to-business” relationship emails may also be regulated as “commercial” emails under CAN-SPAM.  For example, the FTC noted that “business-to-business relationship” emails could include mortgage lenders sending emails to brokers with the latest interest rate information or equipment leasing businesses sending emails to equipment vendors regarding rate sheets.</p>
<p>The FTC expressly rejected a request by business leaders to add a “business-to-business relationship message” category to the “transactional or relationship message” category discussed above.  This means that “business-to-business relationship” emails are subject to all 5 of the basic rules, plus the “designated sender” rule.</p>
<p>So, even though this determination by the FTC regarding “business-to-business relationship” emails flies in the face of reason and common business practices, it’s the law according to the FTC.</p>
<p><strong>Conclusion</strong></p>
<p>With CAN-SPAM, as with many statutes, there are unintended consequences that sometimes lead to surprising results.  Nevertheless, strict compliance with the rules involving the 3 blunders is required in order to avoid liability under CAN-SPAM.</p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>GAO Reviews Dietary Supplement Claims as  Aging Population Struggles With Memory Loss</title>
		<link>https://www.ftcguardian.com/articles/gao-reviews-dietary-supplement-claims-as-aging-population-struggles-with-memory-loss/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Mon, 10 Jul 2017 01:21:01 +0000</pubDate>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[Ad Claims]]></category>
		<category><![CDATA[Advertising]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Online Marketing]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=5143</guid>

					<description><![CDATA[GAO Reviews Dietary Supplement Claims as Aging Population Struggles With Memory Loss By Josh Long Alzheimer’s disease is the most common form of dementia among older adults, with experts suggesting the ailment plagues more than 5 million Americans, according to the &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1 class="post-title">GAO Reviews Dietary Supplement Claims as Aging Population Struggles With Memory Loss</h1>
<p class="simple-share">By <a href="https://www.naturalproductsinsider.com/blogs/insider-law/2017/06/gao-reviews-dietary-supplement-claims-as-aging-po.aspx">Josh Long</a></p>
<p>Alzheimer’s disease is the most common form of dementia among older adults, with experts suggesting the ailment plagues more than 5 million Americans, according to the National Institutes of Health. As Baby Boomers survive past their 70s, 80s and beyond, old age brings with it a trifecta of complications: an increased risk of loss of memory, dementia and ultimately death.</p>
<p>Unsurprisingly, aging Americans—including those seeking to treat or prevent Alzheimer’s—are hungry to preserve their minds and fight off a loss of memories, and as the U.S. Government Accountability Office (GAO) acknowledged in a May 2017 report, consumers “have increasingly turned to dietary supplements for help.&#8221;</p>
<p>However, some marketers touting memory supplements are exploiting a vulnerable demographic, misrepresenting product benefits to the brain and even promising treatment for a disease like Alzheimer’s.</p>
<p><a class="popup_BIG_DATA" data-toggle="modal" data-target="#popup_BIG_DATA_modal" href="#"><img decoding="async" src="/images/button_banner-Big_Data_Report.png" alt="" /></a></p>
<p><strong>FDA, FTC Enforcement Actions</strong></p>
<p>According to GAO, an independent, nonpartisan agency that works for Congress, two firms addressed FDA’s concerns after receiving “advisory letters&#8221; from the agency. Online advisory letters are a relatively new tool used by FDA to fight the online promotion of dietary supplements that purport to treat a disease. The letters provide notice of violations of the law, and they are subject to a shorter internal review process than warning letters.</p>
<p>In February 2017, FDA issued a warning letter to a company that several of its products were suggested as treatments for diseases, including Alzheimer’s, HIV/AIDS, leukemia and Parkinson’s, among several others.</p>
<p>Commenting on GAO’s report, the Council for Responsible Nutrition (CRN)—a Washington-based trade organization representing the dietary supplement industry—acknowledged that such disease claims are fraudulent.</p>
<p><strong>GAO Recommendation</strong></p>
<p>Consumers who are the targets of deceptive advertising and marketing practices may not fully appreciate or understand the roles played by FDA and FTC. For example, while FDA’s jurisdiction over dietary supplements extends to marketing information used in the sale of a product—including supplements marketed on the internet—consumer groups with whom the GAO conferred “were either unaware of FDA’s role with regard to internet sales and marketing of dietary supplements, or said that the shared oversight roles between the two agencies was unclear.&#8221;</p>
<p>GAO recommended “the secretary of the Department of Health and Human Services [HHS] and the chair of the FTC develop and provide additional guidance to consumers delineating the agencies’ differing roles in their shared oversight of memory supplement and other dietary supplement marketing on the internet.&#8221;</p>
<p>Read full article and learn more about <a href="https://www.naturalproductsinsider.com/blogs/insider-law/2017/06/gao-reviews-dietary-supplement-claims-as-aging-po.aspx">Deceptive Advertising and the FTC here</a>.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>3 Tips To Avoid Liability For Actions of Your Online Resellers</title>
		<link>https://www.ftcguardian.com/articles/3-tips-to-avoid-liability-for-actions-of-your-online-resellers/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 02 Jul 2017 13:01:09 +0000</pubDate>
				<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[Membership Websites]]></category>
		<category><![CDATA[Continuity Programs]]></category>
		<category><![CDATA[Federal Trade Commission]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=4956</guid>

					<description><![CDATA[3 Tips To Avoid Liability For Actions of Your Online Resellers By Chip Cooper, ESQ Recent case law confirms once again: if online agreements are presented properly to end-users, they're  legally enforceable. This continuing trend is good news for websites &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1>3 Tips To Avoid Liability For Actions of Your</h1>
<h1>Online Resellers</h1>
<p>By Chip Cooper, ESQ</p>
<p>Recent case law confirms once again: if online agreements are presented properly to end-users, they're  legally enforceable.</p>
<p>This continuing trend is good news for websites that contract with registered users though SaaS Agreements, Membership Agreements, Subscription Agreements, Terms of Sale, Content License Agreements, and the like.</p>
<p>Why?  Among other things, this means that important legal disclaimers and limitations of liability are legally enforceable.</p>
<p>But what about liability exposure arising out of customer contracts entered into by your resellers?  Are you liable for actions of your resellers?</p>
<p><strong>The Direct Revenue Case</strong></p>
<p>In the case of People v. Direct Revenue, the New York Attorney General in 2008 attempted to nail Direct Revenue for its distribution of software that served pop-up advertising software on consumers' computers.</p>
<p><a class="popup_DATA_BROKER" data-toggle="modal" data-target="#popup_DATA_BROKER_modal" href="#"><img decoding="async" src="/images/button_banner-Data_Broker.png" alt="" /></a></p>
<p>Direct Revenue is in the advertising business. Its software client serves pop-up advertisements to consumer's computer screens through the Internet. Direct Revenue does not charge fees to consumers. Instead, it charges fees to the companies whose products it advertises.</p>
<p>It's interesting to note that one line of attack by the New York Attorney General focused on Direct Revenue's &#8220;click-wrapped&#8221; (where the user clicks on &#8220;I ACCEPT&#8221;) end user license agreement (EULA) and Direct Revenue's alleged deceptive and illegal practices. The court granted Direct Revenue's motion to dismiss the claims noting that sufficient disclosure was given in the EULA, and the required elements for an enforceable agreement were followed.</p>
<p>Having failed with its first line of attack, New York's additional line of attack focused on the customer agreements of Direct Revenue's resellers in an attempt to hold Direct Revenue liable. The result was the same as with the EULA &#8212; Direct Revenue was held not liable.</p>
<p>New York conceded that Direct Revenue's resellers were independent contractors rather than agents. Generally, a principal is not liable for acts of an independent contractor due to the lack of control over how the contractor's work is performed. In addition, the court noted that Direct Revenue's software distribution agreement required its distributors to obtain consent of consumers consistent with the EULA and prohibited distributors from holding themselves out as agents of Direct Revenue.</p>
<p>New York argued that Direct Revenue should be liable because   its servers  interacted  with the  consumers' computers in the software installation process. The court pointed out that participation in installation was not enough for liability in the absence of participation in deceptive conduct that induced the installation.</p>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<p>Finally, New York argued that Direct Revenue should be held liable for the actions of its resellers on the ground that Direct Revenue ratified the conduct of its resellers. The court ruled that mere knowledge of consumer complaints was insufficient to impose liability on Direct Revenue, especially in light of the fact that when Direct Revenue had actual knowledge of a reseller misconduct, it took steps to remedy the problem.</p>
<p><strong>Conclusion</strong> &#8211; 3 Tips To Avoid Liability For Actions of Resellers</p>
<p>Potential liability for acts of online resellers is a major concern of ecommerce businesses which use reseller networks.</p>
<p>The Direct Revenue case teaches us that ecommerce sites may not be held liable for actions of their resellers if these 3 tips are followed:</p>
<ul>
<li>if you transfer anything to a user's computer, require your resellers to obtain consent of end-users consistent with your EULA &#8211; this means consent in clear and easy-to-understand (not deceptive) terms,</li>
<li>prohibit your resellers from holding themselves out as your agents, and</li>
<li>if a reseller does engage in misconduct, take affirmative steps to deal with the situation, including termination, if warranted (particularly if the reseller's actions tend to indicate an agency relationship).</li>
</ul>
<p>These 3 tips won't guarantee that you have no exposure, but they'll go a long way to protecting you from liability for actions of your resellers.</p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC</h2>
<h2>Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>The FTC Begins Crackdown On Behavioral Ads &#8211; Is Your Site In The Cross Hairs?</title>
		<link>https://www.ftcguardian.com/articles/the-ftc-begins-crackdown-on-behavioral-ads-is-your-site-in-the-cross-hairs/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 18 Jun 2017 15:59:45 +0000</pubDate>
				<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[FTC Online Advertising]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Native Ads]]></category>
		<category><![CDATA[Native Advertising]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=4952</guid>

					<description><![CDATA[The FTC Begins Crackdown On Behavioral Ads &#8211; Is Your Site In The Cross Hairs? By Chip Cooper, Esq. On March 14, 2011, the Federal Trade Commission (FTC) announced its first behavioral advertising settlement.  If your website collects behavioral data or serves &#8230;  ]]></description>
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<h1><strong>The FTC Begins Crackdown </strong><strong>On Behavioral Ads &#8211; </strong><strong>Is Your Site In The Cross Hairs?</strong></h1>
<p>By Chip Cooper, Esq.</p>
<p>On March 14, 2011, the Federal Trade Commission (FTC) announced its first behavioral advertising settlement.  If your website collects behavioral data or serves behavioral ads – either directly or indirectly through the use of behavioral ad vendors – you need to understand and comply with the FTC’s notice and choice principles, or suffer the consequences.</p>
<p><strong>What Is Behavioral Advertising?</strong></p>
<p>Behavioral ads are based on anonymous data collected on how a user’s computer browses the Internet, including websites visited, searches made, and content read. This data is used to create a behavioral profile that is linked to a specific demographic. The ads seen by the computer’s user are tailored to the user’s interests resulting in significantly increased relevancy and sales.</p>
<p>Contextual ads, in contrast to behavioral ads, are based solely on the content of the specific website page the user is viewing. Because contextual ads are generally not as relevant to the user’s interests as behavioral ads, contextual ads are less effective, and therefore less profitable.</p>
<p><a class="popup_DATA_BROKER" data-toggle="modal" data-target="#popup_DATA_BROKER_modal" href="#"><img decoding="async" src="/images/button_banner-Data_Broker.png" alt="" /></a></p>
<p>Although behavioral data is essentially anonymous when collected, the FTC and privacy advocates are concerned that the amount and depth of some data could lead to personal identification of users. In addition, even if users are not personally identified, the enhanced data about them could rise to the level of an invasion of privacy.</p>
<p><strong>The Chitka Settlement</strong></p>
<p>In 2009, the FTC issued a staff report on behavioral advertising that explained the FTC’s principles regarding behavioral data.  The FTC believes that its deceptive and a violation of the FTC Act to fail to provide to  consumers proper notice and opt-out choice regarding the collection of behavioral data.  The FTC’s settlement with Chitka, Inc. is the first settlement based on these principles.</p>
<p>Chitka is an intermediary between advertisers and websites that serve ads for the advertisers.  To collect behavioral data, Chitka passes a cookie on users’ computers and then uses the cookie to tracks the users’ online behavior.</p>
<p>The FTC alleged in its Complaint that for over two years Chitka advised consumers that if they wanted to opt out of behavioral tracking they could click on a button titled “opt out”.  Clicking the button would generate a message that  read “you are opted out”.   The catch according to the FTC is that the opt out lasted only for ten days, and then new cookies would be passed to consumers’ computers resulting in tracking of behavioral data for serving behavioral ads.</p>
<p>In its settlement with the FTC, Chitka agreed to:</p>
<ul>
<li>delete all identifiable user information collected ineffective opt out period,</li>
<li>provide consumers with a new opt out mechanism that lasts for at least five years, and</li>
<li>notify consumers whose opt out was ineffective to opt out again.</li>
</ul>
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<p>Chitka also agreed to a notice and opt out procedure that could be interpreted as a blue print for what the FTC believes is generally required for all sites that collect behavioral data.  This procedure includes:</p>
<ul>
<li>A message on the home page that reads “we collect information about your activities on certain websites to send you targeted advertisements. To opt out of [our] targeted ads, click here.”</li>
<li>The “here” link points to an opt out page where the user is notified that opt out means the information would not be used for behavioral ads, the status of the opt out (in or out), and that opt out is limited to a specific browser and should be repeated if another browser is used.</li>
<li>A link on any behavioral ad that reads “Opt Out?”, and that provides text when the users’ cursor hovers over the ad that reads “Opt Out of Targeted Ads”. The Opt Out? link would point to the opt out page described above.</li>
</ul>
<p><strong>Conclusion</strong></p>
<p>The Chitka settlement clearly establishes that the FTC believes it’s a deceptive practice under the FTC Act to fail to provide notice and opt out choice regarding behavioral ads.  What’s more important is that the notice and opt out procedure agreed to in the settlement may be a clear indication of the specific procedure that the FTC requires for compliance.</p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help of FTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>Free Compliance Workshop: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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		<title>Website Advertising: 2 Legal Traps To Avoid When Writing Your Own Copy</title>
		<link>https://www.ftcguardian.com/articles/website-advertising-2-legal-traps-to-avoid-when-writing-your-own-copy/</link>
		
		<dc:creator><![CDATA[Allyn Cutts]]></dc:creator>
		<pubDate>Sun, 04 Jun 2017 17:38:28 +0000</pubDate>
				<category><![CDATA[FTC Compliance]]></category>
		<category><![CDATA[FTC Online Advertising Guidelines]]></category>
		<category><![CDATA[Lead Generation]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[Truth In Advertising]]></category>
		<guid isPermaLink="false">https://www.ftcguardian.com/articles/?p=4954</guid>

					<description><![CDATA[Website Advertising: 2 Legal Traps To Avoid When Writing Your Own Copy By Chip Cooper, ESQ If you're like most small businesses, you're likely to write your own marketing copy. Be aware that this is a highly regulated area that &#8230;  ]]></description>
										<content:encoded><![CDATA[<h1>Website Advertising: 2 Legal Traps To Avoid When Writing Your Own Copy</h1>
<p>By Chip Cooper, ESQ</p>
<p>If you're like most small businesses, you're likely to write your own marketing copy. Be aware that this is a highly regulated area that could result in substantial liability. Most of the regulations belong to 2 basic traps you must avoid.</p>
<p><strong>What is Marketing Copy?</strong></p>
<p>Wikipedia defines &#8220;copy&#8221; as written material, in contrast to photographs or other elements of layout, in a large number of contexts, including magazines, advertising, and book publishing. In advertising, web marketing and similar fields, copy refers to the output of copyrighters, who are employed to write material which encourages consumers to buy goods or services.</p>
<p>Web copy has one major advantage over offline copy &#8211; it is interactive. Hyperlinks provide you with powerful tools to lead a potential customer through a pathway designed by you which ultimately leads to a conversion to your call to action.</p>
<p><a class="popup_7TLM_Cheat_Sheet" data-toggle="modal" data-target="#popup_7TLM_Cheat_Sheet_modal" href="#"><img decoding="async" class="aligncenter" src="/images/button_banner-7TLM_Cheat_Sheet.png" alt="" /></a></p>
<p><strong>Trap No. 1: Failure To Substantiate Claims Before Publication</strong></p>
<p>When you write your own marketing copy, you necessarily make certain &#8220;claims&#8221; &#8211; statements upon which a consumer may reasonably rely in making a purchase decision. In so doing, you're facing another legal pitfall.</p>
<p>Legally, claims are extremely important. The Federal Trade Commission (FTC) Act, 15 USC Sec. 41-58 and accompanying regulations prohibit &#8220;unfair or deceptive acts or practices&#8221;. Unfair or deceptive acts or practices include claims that are not substantiated before the claim is publicly disseminated.</p>
<p>So review your ads carefully, and be sure that you can substantiate and back up your ad claims.</p>
<p>Here are some examples of claims and the related challenges regarding substantiation and back-up:</p>
<ul>
<li>If you claim &#8220;best value&#8221;, understand that it's a promise that is very broad in scope &#8211; essentially, you're promising that your offer is worth more than the asking price &#8211; if you're going to make this claim, you'd better provide the proof on your site.</li>
<li>If you claim &#8220;we're no. 1&#8221;, you need to be very specific regarding how you determine no. 1 &#8211; no. 1 at what? &#8211; in gross sales, in sales growth for a specific period, in the number of widgets sold?</li>
<li>If you claim the &#8220;latest and greatest&#8221;, &#8220;next generation&#8221; or words to that effect, you should substantiate how the claim is true &#8211; explain specifically how you justify the claim in relation to other competitive products on the market.</li>
<li>If you claim &#8220;user friendly&#8221; or &#8220;easy-to-use&#8221;, you need to be specific regarding substantiation of specifically how much time a certain task routinely takes, exactly which steps are automated, etc.</li>
<li>If you offer a &#8220;risk-free guarantee&#8221;, understand that even a free evaluation is not completely risk-free because the evaluation takes time for the customer to evaluate &#8211; time is money, so-to-speak, so a better approach is to promise an unconditional refund, no questions asked.</li>
</ul>
<p><strong>Trap No. 2: Avoid Untrue And Deceptive Claims </strong></p>
<p>In addition to substantiating claims before making them, be careful not to make untrue or deceptive claims. Certain types of claims should be avoided altogether, including:</p>
<ul>
<li>never claim that you have a cure for anything &#8211; not even large drug companies with products that have been the subject of years of testing will make such a claim, so you shouldn't either;</li>
<li>never specify a level of revenue or profits that a user will achieve, even if you or another purchaser has achieved a specific level of revenue or profits &#8211; remember the old adage, &#8220;your mileage may vary&#8221;;</li>
<li>never promise specific results &#8211; again &#8220;your mileage may vary&#8221;.</li>
</ul>
<p>The FTC has special rules governing any use of the term &#8220;FREE&#8221; (or similar words to that effect), which the FTC believes is frequently used in an untrue or deceptive way.</p>
<p>Similar words to &#8220;free&#8221; include:</p>
<ul>
<li style="list-style-type: none">
<ul>
<li>Buy 1-Get 1 Free;</li>
<li>2 for 1 Sale; and</li>
<li>50% off with the purchase of 2.</li>
</ul>
</li>
</ul>
<p><a href="http://go.ftcguardian.com/bw4uoy"><img decoding="async" src="https://s3.amazonaws.com/ftcguardian/images/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif" /></a></p>
<p>According to the FTC:</p>
<p>&#8220;[t]he public understands that, except in the case of introductory offers in connection with the sale of a product or service, an offer of &#8216;Free' merchandise or service is based upon a regular price for the merchandise or service which must be purchased by consumers in order to avail themselves of that which is represented to be &#8216;Free'. In other words, when the purchaser is told that an article is &#8216;Free' to him if another article is purchased, the word &#8216;Free' indicates that he is paying nothing for that article and no more than the regular price for the other. Thus, a purchaser has a right to believe that the merchant will not directly and immediately recover, in whole or in part, the cost of the free merchandise or service by marking up the price of the article which must be purchased, by the substitution of inferior merchandise or service, or otherwise.&#8221;</p>
<p><strong>Conclusion </strong></p>
<p>In summary, be aware that what you say in your marketing copy is heavily regulated. You need to be careful not only to substantiate ad claims before you post them to your site, but also use certain key terms with great care so as not to mislead or deceive consumers.</p>
<h2>Here’s How To Make Sure You, Your Business & Website Is FTC Compliant</h2>
<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?</p>
<p>Smart business owners around the world are doing it with the help ofFTC Guardian.</p>
<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.</a></p>
<p>The training is titled: <a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer"><strong>3 Tragic (Legal) Privacy Policy List Building Mistakes That Can Get You In Hot Water With The FTC Today – Resulting In Your Business Being Shut Down… And How To Solve It!</strong></a></p>
<p>Here are some of the things you’ll discover on the training:</p>
<ul>
<li>Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too</li>
</ul>
<ul>
<li>The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!</li>
</ul>
<ul>
<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms</li>
</ul>
<ul>
<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.</li>
</ul>
<ul>
<li>And Much More…</li>
</ul>
<p><b>Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.</b></p>
<p><a href="https://go.ftcguardian.com/bw4uoy" target="_blank" rel="noopener noreferrer">Go here to register for our next FREE training and make your business is FTC compliant today!</a></p>
<p><b>Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.</b></p>
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