FTC’s Proposed Plan Would Hold Bloggers Liable for False Brand Marketing Discourse

The FTC (Federal Trade Commission) has proposed a plan to start regulating viral marketing and blogs.

The FTC’s plan proposes that word-of-mouth marketers and bloggers, as well as people on social-media sites such as Facebook, be held liable for any false statements they make about a product they’re promoting, along with the product’s marketer.

This may present a significant issue for marketers, including the likes of Microsoft, Ford and Pepsi, who spend billions on word-of-mouth and social media. It is estimated that marketers will spend $3.7 billion on word-of-mouth marketing in 2011.

Many of the commissions guidelines are more than 30-years-old, so they do not address current marketing techniques. They need to be bouty to datee so they can address current marketing techniques, particularly the issue of whether or not the disclaimer that’s currently allowed, “result not typical” is still warranted.”

The FTC guidelines only apply to bloggers and others who are paid to review a product.

“The FTC is … putting out guidelines to make it clear to people who are involved in social media and viral marketing that the same rules apply in this context as they do in the more formal context of paid advertising and infomercials.” There are no legal implications for social-media sites such as Facebook or marketer sites such as Amazon, where consumers often post product reviews.”

The keys for online communicators to stay out of trouble is authenticity, integrity and responsibility. When these attributes are put in the forefront, know what to say, when and how becomes exponentially simplified. Read Michael Bush’s complete article in Advertising Age

Kara works with legal marketers to create a more clearly defined focus and distinctive business strategy that will provide them with a competitive advantage for new business, higher reputation recognition, and enhance their ability to attract, win, and retain the clients they really want.

Please see these related Articles:

Your Blog and Law Firm Branding with Social Media

Goldman Sachs Hires Law Firm to Shut Down Blogger’s Site

Copyright And Libel In the Twitterverse – A Question for Copyright Legal Pros

AP’s Quest to Outlaw Search Engine Links – What Will This Mean For Legal Marketers?

Twitter Sparks Its First Libel Action

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This entry was posted on Monday, April 13th, 2009 at 8:09 am and is filed under Legal Marketing Tactics, Legal Marketing Tips, Legal Marketing Trends. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

3 Responses to “FTC’s Proposed Plan Would Hold Bloggers Liable for False Brand Marketing Discourse”

  1. gremmio Says:

  2. Karasma Media by Kara Smith » Blog Archive » Legal Marketers, be aware of the new F.T.C. Rules regulating endorsements and testimonials Effective December 1st Says:

    [...] FTC’s Proposed Plan Would Hold Bloggers Liable for False Brand Marketing Discourse [...]

  3. James West Says:

    sorry about the spelling

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