April 2005 : Online Marketing Web Design Professional shows you HOW TO AVOID THE INTERNET POLICE by explaining the FTC Rules you must know and practice!
"I did not have sex with that woman." WATCH WHAT YOU SAY!!!
Is Your Online Business Legal? What you say could put YOU on the FTC Watchlist From: Larry Jameson Date: April 2, 2005 RE: Is Your Online Business Legal? Dear Online Marketer:
This just might be the MOST IMPORTANT letter you'll ever read. Now I know you're probably skeptical. That's normal and healthy. Let me prove why this letter is so important to your online business.
Florida Couple Banned From Selling Work-At-Home Business Opportunities.
This is not a headline you want describing your online business, but it's a real headline!
Can you imagine trying to explain to an employer HOW YOU GOT FIRED FROM SELF-EMPLOYMENT? "Sir, what was that? Oh, well, you see. My business was shut down by the government -- uh, but it wasn't my fault." "Sir, uh, well...you see. My business...well, you see. I was kind of like that big corporation down in Arkansas. You know. Axciom. I built consumer lists, you know...uh, sort of like they do. And I earned money by selling those lists." "What was that? Uh, why did they shut me down and not shut down Axciom? Well, I asked 'em that. It was something about Axciom doing it legally and all. However, I think it was a political thing. You know, with Bill Clinton being from Arkansas and all." "Well, yes, sir. I do know that he's not the president. Huh? Oh, you don't think George Bush has the same relationship with Arkansas. Well sir. You know, Mr. Bush...he's from Texas, and that's right next door to Arkansas." "What's that you say? What does Arkansas and Texas have to do with me GETTING FIRED BY THE FTC? Uh,..." Web Site Operators to Pay $30 Million to Settle FTC Charges.
Here's another headline taken from the Federal Trade Commission website.
Or, take the case of American Pop Corn Company. They failed to do one thing when collecting personal information from website visitors -- and paid a $10,000 fine!
If you are marketing online, your website is one big advertisement.
It contains product information, claims about those products, perhaps testimonials about them -- each of which is an area under the jurisdiction of the United States Federal Trade Commission.
Are your CLEAR AND CONSPICUOUS DISCLOSURES as clear and conspicuous as, "I did not have sex with that woman." Okay, so clear and conspicuous is one thing and PROVING IT is something else. Bonzi Software was pretty clear and conspicuous about their claims -- just like the President was. But, also like the President, they could not prove their claims.
Bonzi was ordered to REFUND ALL MONIES COLLECTED FROM SALES OF THEIR PRODUCT.
For a period of FIVE YEARS, all of their advertising must be approved by the FTC before they use it. Other parts of the Order do not expire until 2024.
Ignorance of the law -- well, you know what they say. It offers absolutely no relief to you in the eyes of the government.
Hah, You Americans!!!
"You Americans are really under the gun." AND SO IS ANYONE ELSE who collects personal information from Americans. It does not matter where your office is located. It does not matter where your website is hosted. If you do business with citizens of the United States -- YOU ARE COVERED BY THE United States FEDERAL TRADE COMMISSION.
Mail and Telephone Order Rule Could you be guilty of violating the Mail and Telephone Order Rule? Mail and Telephone Order? How does that apply to my online business? I don’t take phone orders. Online marketing was added to the rule.
CDNow Online received the following:
“Payment of the foregoing civil penalty is waived except for one hundred thousand dollars ($100,000), contingent upon the accuracy and completeness of the Financial Disclosure Statements. Defendants are jointly and severally liable for payment of the civil penalty.” How would you like to have your fine reduced to $100,000 for violating a rule you didn’t even know applied to you? What about copyrights? What about trademarks? What about product testimonials? What does “clear and conspicuous” really mean? Do you offer FREE gifts? Are they really free? According to the law? Do you offer a reduced price if you buy before xxx? What is the reasonable consumer rule? McDonalds : Wouldn’t you think a reasonable consumer would know that coffee is hot? Is Your Online Business Legal? 165 Pages of Valuable Information Why You Are At Risk How BIG is the Scope of the Federal Trade Commission What you should know about Website, Ezine and Email Advertising How to Use of the Word FREE and Introductory Offers How to Use Testimonials and Endorsements Legally How to Substantiate Advertising Statements What are Clear and Conspicuous Disclosures? How to Write a Privacy Policy How to Write a Terms of Use Policy How to Write an Earnings Disclosure How to Write an Affiliate Agreement Does the Children’s Online Privacy Protection Act Apply to YOU? What You Should Know About Trademarks and Meta Tags How Affiliate Programs Offer Protection Copyright Laws and You Selling on the Internet – Prompt Delivery Rules CANSPAM Act of 2003 And that’s not all that’s included.
YOU ARE RESPONSIBLE The world is full of people who have learned how to build websites. But there is a relatively short supply of website designers who know how to build marketing websites.
The supply gets smaller for those who know how to build LEGAL ONLINE MARKETING WEBSITES.
“I didn’t know the gun was loaded” has never been a good defense.
Read the contract with your webmaster. Oh, your nephew built your site. Okay, pretend you had a contract with your webmaster. YOU are the one responsible for furnishing content.
NOTE TO WEBMASTERS: You are equally responsible! The FTC looks at the extent of your participation in the preparation of the challenged ad, and whether you knew or should have known that the ad included false or deceptive claims. If your client wants an ad on the site that says their software will cure cancer, and you put it up…well!
Is Your Online Business Legal? Available in pdf format Instant Zip File Download Only $24.95 Im' Ready! Exactly What Do I Receive When I Order Is Your Online Business Legal? Today? After your payment is processed by Clickbank, you will be directed to a download page where you can instantly download the zip files.
BONUS ONE Exclusive eBook 51 Frequently Asked Questions About the Children's Online Privacy Protection Act Is Your Online Business Legal? author Larry Jameson provides this important supplement of legal information. The Federal Trade Commission reported to Congress in January 2005 that COPPA Compliance Review would be a major thrust this year! Does it apply to you and, if so, what must you do to comply. Chapter 12 of Is Your Online Business Legal? examines COPPA; this supplement expands the available information.
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(Note:
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Good luck with your online marketing business, Larry Jameson Click here for our Purchase Agreement Privacy Policy Terms of Use Purchase Agreement Contact Us Affiliate Program NetVentures Unlimited, Inc. is a Master Member of the International Council of Online Professionals © Copyright NetVentures Unlimited, Inc. 2005. All Rights Reserved.
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