Frank Kern FTC: What it’s like to sued by the FTC

Frank Kern FTC

OK, so what’s it like to get sued by the FTC? Well, first off, IT BLOWS. …As if that needed saying, right? But seriously …not a good time. I’ll get to the gory details in a sec, but first some important things you should consider.

1: For the love of God, do NOT take anything I say here (or anywhere) as legal advice.

2: Everything I say here is my opinion and is for entertainment purposes only.

How to ruin your business in one easy step!

I’m guessing you probably already know that I was sued by the FTC back in 2003. After all, I talk about it publicly. But there’s probably a lot you don’t know about that whole story as well. So here’s the dirt.

Let’s talk about the dumb shit I did that got me in trouble in the first place.

Back in August of 2001, I created a product called Instant Internet Empires. I remember this well because I got the idea to create the product while I was sitting in a real estate licensing class.

Why was I sitting in a real estate licensing class you ask? Because I had temporarily been overcome with insanity and thought it might be a good idea for me to get a Realtor’s license.

Anyway, the class was boring as hell so my mind started to wander and I got to thinking about all the Internet Marketing products I’d purchased.

…And I noticed a common theme that was really popular back in the day: MASTER RE-PRINT RIGHTS.

Now, the term “Master Reprint Rights” simply means that you have the rights to re-sell a product and keep all the money …and you also have the rights to transfer that ability to others if you so desire.

It was all the rage back in 2001 and not only had I bought a ton of e-Books with Master Reprint Rights, I’d also noticed they were selling like crazy in the Internet Marketing community.

Jenius Strikes!

Each of the ebooks that I saw on the market were selling for around $20-$30.

So I figured, “Hey! Why not buy a bunch of these, bundle ‘em up into a separate product, and sell them all at a discount?”

So that’s exactly what I did when I created Instant Internet Empires.

I took several of these ebooks and bundled them up into one package …and sold it for $47. (If purchased separately, it would have cost around $80 …so the customer was getting a discount.)

I also included a bunch of screencam video tutorials I created that showed people how to FTP, edit web pages, accept credit cards, and so forth.

And you might be wondering, “What’s so bad about that?”

Well, I haven’t yet told you about the

Super Jenius Part!

See, here’s what I haven’t told you yet.

I also offered re-print rights to the Instant Empires collection.

So if you bought Instant Internet Empires from me for $47, you could:

A: Read all the ebooks, watch the videos, and learn some stuff.

B: Set up separate websites that sold each of the ebooks individually, keeping 100% of the money (using the included website templates that came with the ebooks or by creating your own).

C: Set up a separate website that sold Instant internet Empires as a bundled package and keep all the money from each sale.

Now, if this was a multiple choice quiz and I asked you “Which one of the above activities got ol’ Frankie in hot water with the Feds?”, which would you choose?

Here, I’ll just tell you: THE ANSWER IS “C”.

Here’s Why “C” Was So Damn Stupid

When someone bought Instant Internet Empires, I foolishly gave them the rights to re-print, use, and re-sell the very sales letter I’d written for it. The same sales letter that had my name in it, as well as my bank statement photo and my earnings information.

And this led to all kinds of bad stuff happening, such as:

Bad Stuff Part One: Within a few months, there were a gazillion websites doing business as “Frank Kern” …but only one of them was mine. (There are still a bunch of Instant Internet Empires websites out there with my name on them …NONE of them are mine. Dammit!)

Bad Stuff Part Two: Some people started sending SPAM using my name …and promoting their Instant Internet Empires website that also had (you guessed it) my name on it.

Yay!

But Here’s Where It Gets REALLY Awesome!

One of these companies proceeded to call their customers and tell them they either were me, worked for me, or were my partners. (None of those statements were true.)

….And then they’d kindly sell them $4,000 “coaching” packages (with “mentors” and everything!)

That really pissed me off because people would email me saying “your sales staff called me and they were rude!”. And since I didn’t have a telemarketing staff (never have, don’t plan on ever doing so either), I got a little freaked out.

So I finally figured out who these nice folks were and I got an attorney to send them the ol’ “cease and desist” letter.

They got it, I talked to their head dipshit on the phone, and they promised to stop using my name.

All of this happened within months of my creating the Instant Internet Empires product and by the time Spring of 2002 rolled around, it had all died down.

Fast Forward To May, 2003

That was when I got sued by the FTC. I’ll never forget this moment.

I worked from my house in Macon, Ga back then and I was pacing around in my driveway while talking on the phone.

I looked up and noticed a man in a white golf shirt getting out of a burgundy ford ranger pickup truck. He walked right up to me and said, “Are you Frank Kern?”.

“Yes.”

“This is for you.” - and he handed me SEVEN POUNDS of paperwork.

…Then he left. The poor guy actually looked apologetic when he handed me this stuff. (He was simply a process server. Contrary to popular belief, the FTC never “raided” my offices or anything weird like that.)

Anyway, I hung up the phone, walked into my home office, and started reading what he handed me.

Here’s What It Said

(This is a very rough translation)

“Dear Mr. Kern. YOU ARE SCREWED. Sincerely, the FTC.”

…They were a lot more eloquent than that though. They basically told me that Instant Internet Empires as a pyramid scheme (what??) and that they’d frozen my assets …and that they were going to take all my money.

I damn near had a heart attack.

I mean …a pyramid scheme?? We’re talking about a $47 bundle of ebooks here. There was no “downline” or anything even remotely like that.

Turns out that doesn’t matter.

See, their argument was that the product didn’t have any value other than the fact that it could be re-sold. And that due to the way I had worded my sales letter, it would be physically impossible for anyone to achieve the results I’d experienced by simply re-selling the product.

Damn.

Here’s What Happened Next

Over the course of six months, I borrowed over $100K against my home, got really stressed out, and eventually settled out of court.

I never attempted to fight them because it would have taken forever and I probably would have lost anyway.

Plus, I don’t want to make enemies with any government agency. That’s stupid.

I’m pretty sure I could have just called them and said “I want to settle immediately.” And they’d have been like, “OK. Give us all your money.”

But my damn lawyers in Atlanta wanted to get their cut so we did a bunch of useless paperwork stuff (to the tune of $100K in legal bills) and then I gave the FTC all my money.

Speaking of lawyers, here’s something that’ll amaze you.

Long before I got sued by the FTC, I had an attorney review my website to make sure everything was cool.

For some reason, I was worried about getting into trouble (duh!).

Anyway, he said, “Looks fine to me, Frank” and I went about my merry way.

Here’s what a dumb ass I was back then.

That guy was my family’s TAX LAWYER. He knew NOTHING about FTC regulations. I was so naive that I thought all lawyers were created equal.

DUMB.

Here’s What I Learned

1: You don’t have to be a star, baby, to be in my show.

During my $100K round of useless paperwork, we actually did get something of value. My lawyers asked the FTC for copies of all consumer complaints filed about Instant Internet Empires.

And remember that company I told you about? The one where they would call the customers and say they were me?

Well, almost ALL OF THE COMPLAINTS were actually about that company. …Not me!

They even listed that company’s name on the complaints and everything!

When I discovered this, I thought my troubles were over because:

A: I have absolutely no connection to those guys.

B: I had copies of the cease and desist letter I’d sent them long before the FTC ever entered the picture!

C: That other company had a lot more money than I did and would make for a much better “target” than me … a 31 year old guy in Georgia working out of his house.

When I excitedly called my lawyers about this, here’s what one of them told me: “It doesn’t matter. You created the product in the first place …and more importantly, they’ve already issued a press release about you and they’ve convinced a federal judge to freeze your assets. There’s no way they’re going to go back and say they went after the wrong guy.”

Out of all the stuff that happened, that’s what shocked me the most. My guess is they got a gazillion complaints against “Dipshit, Inc.” for selling Instant Internet Empires and simply assumed that I was the guy in charge …mainly because my name was on a ton of websites. From the outside, it probably looked like I was the “Kingpin” behind a major spam operation which then called customers and sold them bogus coaching products. Why they never shut down the guys who actually were hosing people will always be a mystery. (Those guys are still hosing people to this day.)

But here’s the point: IT DOESN’T MATTER. I believe that once the FTC even thinks you’re a bad guy, you’re screwed. You can technically even be “right” and still get into trouble.

Here’s what I mean: out of all the consumer complaints we received, only EIGHT mentioned my company. The worst complaint was “I didn’t like the product”. No kidding. And because I’m totally OCD when it comes to customer records, I was able to show that all eight of the people who actually did business with me had received full refunds …and one of them even thanked me for having good customer service.

And guess what? THAT DOESN’T MATTER.

The FTC is the FTC. Your best course of action is to try to be obnoxiously compliant with their regulations. If you get on their bad side, YOU WILL NOT WIN.

2: Disclaimers Don’t Matter

A popular misconception about my FTC lawsuit is that I didn’t have the correct disclaimers on my website.

While I probably didn’t have the right disclaimers on my website, having the “right” ones wouldn’t have mattered much.

In fact, since all that stuff happened, I’ve actually become friends with a former FTC lawyer and here’s what he told me.

“The FTC pretty much thinks that if you have to have a disclaimer in the first place, you’re probably doing something wrong.”

Here’s what this means to you.

You can’t have a website that says “You’ll get rich if you buy this product.” …and then hope your disclaimer that says “not really” will keep you out of trouble.

It won’t.

3: The FTC is Complaint Driven

I asked my friend (who used to work for the FTC) how someone even ends up on their radar in the first place.

He told me that most of their actions are driven by consumer complaints.

This means that YOU NEED TO TREAT YOUR CUSTOMERS LIKE GOLD.

And by the way, simply giving refunds is not NEARLY enough.

You need to make sure that what you’re selling exceeds their expectations.

After all, satisfied raving fans aren’t going to file complaints about you.

4: If you’re worried that what you’re doing might get you into trouble, it probably will.

The “problem” with the FTC is that you can’t just call them up and ask them if what you’re doing is OK.

…And their rules are pretty ambiguous.

So my advice to you is that if you’re even remotely concerned that what you’re doing might get you into trouble, then stop doing it. It’ll probably get you into trouble.

Hire an experienced FTC attorney to look over your stuff and then DO WHAT HE SAYS.

5: If “everyone else” is doing it …and “they’re a lot worse than you” …you can still get into trouble.

When I look back on it, my ad copy for Instant Internet Empires was hypey as hell.

Granted, everyone in the Internet Marketing Community was writing super hypey stuff back then. Many of them worse than me. (Hell, my customers liked me for crying out loud!)

But the fact is, if everyone else is doing it too …you’re still likely to get into trouble.

In fact, if a lot of people are doing it …you’re probably going to get into more trouble because the FTC likely to be really sick of hearing complaints against “your type” of stuff …and they’ll be looking to make an example out of someone.

Remember a few months back when everyone was doing those fake blogs selling weight loss crap and scammy biz opps?

Look what happened. FTC came in and kicked major ass.

I’ll bet the guys that got sued were thinking, “Wait! Why us? Everyone else is doing it!”

…Doesn’t matter.

The FTC is no joke. Don’t press your luck.

6: For Christ’s Sake, Get A Good Lawyer!

Remember when I told you that I’d had my Instant Internet Empires website reviewed long before I got sued?

And remember when I told you I had it reviewed by my TAX ATTORNEY??

Well learn from my idiotic mistake. If I’d have had any clue that what I was doing could get me into trouble, I’d have stopped immediately.

I’m sure you would too.

But the only way to know is to get qualified legal advice.

I recommend you have an attorney who is familiar with FTC regulations review your stuff.

DO NOT use your family’s tax attorney.

DO NOT use your buddy who just got out of law school.

And DO NOT hire an attorney and ask “How do I get away with this?”

Instead, ask “How can I make absolutely sure I’m being 100% compliant with the law?”

While All That Sucked Really Bad, It Was Also Kind Of Cool

I realize that’s a crazy thing to say but hear me out.

I learned a lot of lessons during that experience and I’m grateful for it. (Don’t want to go through it again, however…)

The biggest lesson is that if you treat people right, they will stick by you.

The FTC made me email a copy of their lawsuit against me to something like 18,000 customers.

I thought I would be ripped to shreds once that went out …but the opposite happened.

Many customers wrote me telling me that they liked Instant Internet Empires and that they’d learned a lot from the videos I’d included and so forth.

And most of the Internet Marketing Community stood by me and gave me encouragement to keep plugging away.

That was cool and I haven’t forgotten it.

It’s part of the reason I include good free stuff for everyone on this blog. Friends stick together.

Another thing I learned is that when the shit hits the fan and everything goes to hell, you CAN get back up again and come back better than ever.

It’s hard, it takes a while, but it’s worth it.

And finally, I learned that in the end, everything will turn out fine.

Always has, always will.


92 Comments so far »

  1. Jorge Luis said

    am September 7 2009 @ 5:48 pm

    Dude…this information is a shock!!

    I was one the guys that just thought you got into trouble just because of a bad disclaimer in your site.

    Thank you so much for sharing this stuff with everybody.

    And you’re definetely right: We have to treat our clients as if their were gold (they really are).

    Best Regards!

  2. Robert said

    am September 7 2009 @ 5:53 pm

    Good read - im happy im only focusing on niche products at the moment - but i will hold this to my heart. Damn i feel for you Kern. But hey, in no time at all you mass the fortune back so its nothing to a boss.

    I think you should do a blog on LLC’S and the correct way to be set up for internet MARKETERS LOOKING TO MASS ALOT OF MONEY… PLEASEEEEEEEEEEEE.

  3. affiliate marketer said

    am September 7 2009 @ 6:07 pm

    cool and thanks for the detailed account, giving great advice, and setting the record straight.

    occasionally when I run into your name on the ‘net I’d run into the ftc thing and it’s amazing to hear how it really happened.

    btw, just got you and your tony robbins video, great stuff, you using the present he gave you any?

  4. Michael Ambrosio said

    am September 7 2009 @ 6:22 pm

    Frank,

    Good, sound advice. I have never had to deal with the FTC, but in another life I dealt with the FDA, and even further back, the FAA.

    All the alphabet agencies are serious dudes who you can NOT mess with.

    It also proves that nice guys don’t always finish last.

    Mike

  5. Ken Hughey said

    am September 8 2009 @ 12:12 am

    Thanks Frank! What’s that saying…. The best teacher is SOMEONE ELSE’S EXPERIENCE. Thanks for the experience man.

    BTW…. I just the first month of Tony’s program where he’s talking to you. Awesome….even had my daughter (visiting from college) watch it. She loves your style and I’m trying to convince her to do Internet Marketing to pay for college.

    Cheers,
    Ken (from Atlanta)

  6. Tony M. said

    am September 8 2009 @ 5:48 am

    Go Kern !

    (I still owe you a bottle of champagne. someone has been too lazy to actually go to the post office lately, but it’s on its way)

  7. Ty T. said

    am September 8 2009 @ 7:32 am

    Wow! I’m shocked.

    What a way to switch the negative into positive!

    Postings like this are the reason why you’re on the top of this IM game!

    You’re a real inspiration for me!

    Thanks Frank!

    Ty T.

  8. Alex said

    am September 8 2009 @ 7:49 am

    Great post,

    I can only imagine the feeling when the government is after you and they tell you that they will be taking away all your money…

    However, I’m glad you turned around and made a positive experience out of this, this lesson is probably the “fire” that got you to where you are today!

    Again great post Frank,

    Alex

  9. Sean 'The Passion Man' Foley said

    am September 8 2009 @ 11:47 pm

    Hey Frank,

    Thanks for the detail and your ‘take aways’ from the experience. I am reminded of a military adage the 7 Ps = Prior Preparation & Planning Prevents Piss Poor Performance. You only have to learn from the experience of not planning and preparing ONCE!
    Prepare yourself and your business for the game of business.
    Plan to treat ALL your potential and active customer’s like they are your best friends.
    Great gold nuggets Frank, thanks!
    Oh BTW I have signed up to get the Core Influence download after signing up with Tony Robbins and the tabs to get it do not appear at the top of the page - as you describe - when I am signed in.
    Perhaps you could address this in a general email?

    Live with Passion
    Sean ‘ The Passion Man’ Foley

    {EDIT} Hey Sean, try it now - you should be all set.

  10. Smoking Hypnotist said

    am September 9 2009 @ 6:57 am

    Nice story Frank. You really know how to spin a tale.

    What you wrote here is a brilliant example of story telling and copywriting. And what you have taught me from reading and watching your material is it is all about the storytelling.

    It is riveting copy that only lacks the take action part. So I assume it is useful in building community.

    Thanks for all your lessons, especially the unintentional ones.

  11. Binocular Harness Guy said

    am September 9 2009 @ 10:12 am

    wow that’s quite a story. it’s impressive that you can take something positive from that situation because it sounds like it royally blew!

  12. Adelaide DJ said

    am September 10 2009 @ 8:07 pm

    i love the loss and redemption stories, something about the bragging about making squillions of dollars in milliseconds gets pretty disheartening after a while for someone who is new to the game, it’s good to know that you’ve had to overcome some hard times yourself also twitter(at)locspoc

  13. Frank Kern en de FTC « said

    am September 11 2009 @ 2:38 am

  14. Richard J said

    am September 11 2009 @ 3:21 am

    Great story Frank,and great advise. BTW, the DVD with you and Tony R is real good however the Core Influence video is flat out Awesome! One of the best and most informative ever - you gave us the keys to the kingdom if we take the time to really answer the question. Thanks.

  15. The Bad Blogger said

    am September 11 2009 @ 5:50 am

    Well… you know what, I believe every word your wrote in this post, I’m not sure about anything with FTC, for what I know is that when you are rich, no matter how good you do to people, there will be someone trying to pull you down.

    You see, you always giving great stuff, and I learn a lot from you, when I brought the Anthony Robbins “New Money Master,” I know you are the guy just like Gary Halbet who I should learn, even though I did not purchase your Mass Control, I’m sure I will in the next release.

    To me you are always giving out content, that just kept me learning new stuff, well… Looking forward to more cool stuff and great content you giving out.

  16. Offline2On said

    am September 11 2009 @ 11:42 am

    Wow Frank,
    Thanks for sharing that story. I too loved the videos with Tony Robbins.
    Keep it comin’ Frankie!

  17. Marc Rodill said

    am September 11 2009 @ 7:32 pm

    Something happen recently to ya to inspire this post?

    Ah, we all deal with shit every now and then.

    It’s funny, a lot of people still avoid you because of that FTC thing.

    They’re idiots.

    More money for the rest of us.

    BTW, I’ve had your course for 5 months, and I just opened it yesterday. How’s that for lazy?

    Haha, just kidding. But I am finally REALLY using the thing for once (via memory) I know the thing so well I don’t even have to crack it open to do my first launch.

    Dude, I think you need to write an in depth post (do a video) on how to overcome the “fear of looking stupid.” That’s one thing that held me back for a long time. I think it’s more rampant than we know.

    For example… anyone, ask yourself this question…

    Do you think doing video will make you more money?

    (Yes.)

    Do you care if other people look stupid on video?

    (Not really.)

    Do you care if YOU look stupid on video?

    The answer is usually YES.

    Why?

    I liked something I read the other day, by Gary Halbert. How he says, when he was younger, he was afraid that people we’re paying TOO MUCH attention to him. And how, as he got a little bit older, he was afraid that people weren’t paying ENOUGH attention to him.

    He finally wisened up, and came the conclusion that, everyone is too preoccupied with themselves, “me me me”, to pay any real attention to you, or anything else.

    And secondly, how most of the people who bitch and complain embody the typical person who is too afraid to anything substantial with his own life, so he’s just taking it out you to feel better about himself.

    Bottom-line: The opinion of a fool has no value.

    Anyway — I think that this type of fear is one of the major things holding people back. I just did my first 25 minute audio call today, and my mom walked into the room in the middle of it.

    (Still at home. I pull off the “art” that is, being broke, with finesse. I do it best.)

    At first, I got all embarrassed, and upset that she “interrupted me”. But then, I immediately felt better because I just simply continued to do my work. This is my JOB. Why be embarrassed about that? It’s like, a new milestone or something.

    Totally cool.

    I went off on a tangent, but I guess my point is: get shit done, and don’t care what anyone says about it. They’re not living your life, you are.

    (And, duck when you see the FTC!)

    Marc Rodill

    P.S. I was totally not your “target customer” when I bought MC, but I’m glad I did anyway. This whole deal, about not having two nickels to rub together, is quite the learning experience, lemme tell ya. Not that I need to.

  18. Hendy Irawan @ Small Business Ideas said

    am September 11 2009 @ 11:51 pm

    Wow this is a very cool and heartwarming story, Frank!

    I first see you on with Tony Robbins and John Reese, and I liked your style. I swore I had seen Mass Control Site before, but I haven’t been paying to your name back then (sorry!)

    Blog posts like this really make people connect on a more personal level, and I really like this one. So honest and of course, useful warning & tips.

    Take care Frank! Wish you luckier than ever!

  19. Mark said

    am September 12 2009 @ 12:31 pm

    Hi Frank

    Absolutely amazing story here on the blog, appreciate the great content that you provide and from what I have seen its not only yourself who is awesome but also your material at all times.

    Mark McCulloch

  20. Steven said

    am September 12 2009 @ 5:33 pm

    i just finished the list videos and at the end after doing all the things Frank says he then says upload this to your website but it never said you needed a website to do this. i am very new to all this so can i get some help as to how to get this opt in page online and direct traffic to the url i got from clickbank. Frank if this goes to you, i think your stuff is really cool and so many things lined up for me to be on this page like the spoon bending bit. I am working this off of zero dollars and will make this work because i will not go work another job again, so i really need this to work!!

    thanks
    STEVE

  21. Omar said

    am September 12 2009 @ 7:25 pm

    Thanks for sharing, Jenius :-)

    I was involved in a somehow similar situation where the “shit hits the fan” about a year and a half ago, and I have been slowly but steadly getting out the hole I got myself into thanks -among different stuff- to the advice shared by you and some of your friends at the Internet -”guru”- community. And I mean here mostly “mindset” advice more than any other type of advice… (not to say that the marketing and business part hasn’t helped lots of course).

    Greetings from Guatemala, Central America!

  22. Tom said

    am September 12 2009 @ 11:36 pm

    Hi, Irwin F. Kern, IV

    What a very painful and expensive lesson for you - thanks for sharing your story, hopefully you will save many others similar pain and help clear out some of the scammers.

    Great to see the attitude: always has, always will!

    Tom

  23. TOM LEITCH said

    am September 13 2009 @ 4:53 pm

    FRANK, I ACKNOWLEDGE YOUR TRAUMA. GOODNESS IS GROOVY & BADNESS BLOWS. WHAT I’D LIKE TO SEE YOU DO IS EVERYTHING, LIKE THIS WRITTEN ARTICLE, ON VIDEO ‘CAUSE WHAT YOU GOT IS MASS APPEAL! REALLY! LIKE LATE NITE TV TALK SHOW HOST APPEAL. YOU ARE JUST NATURALLY HILARIOUS & I LOVE TO WATCH YOU. WHAT YOU REALLY HAVE GOING FOR YOU IS THAT HERE ON THE INTERNET YOU DON’T HAVE TO CONTEND WITH THE FTC ( OR GESTAPO, IF YOU PREFER ), YES, THAT’S A REALLY BAD 3 LETTER WORD! ALSO, I LOVED BRUNO TOO! NOBODY AGREES WITH ME. THANKS FOR THE “SHITS & GIGGLES”, TOM.

  24. Tony M. said

    am September 14 2009 @ 7:03 am

    I guess this was written in order to get SEO’d for “Frank Kern FTC” and outrank the losers who spread bad stuff about you, so I’m going to link this page from one of my websites.
    It might help a little.

    Tony

  25. Jeff Czyzewski said

    am September 14 2009 @ 12:52 pm

    I never knew the exact details of what happened so it’s good to hear the real story.

    However, this really blew my vision of FTC agents dressed in Ninja Suits busting in your house at 3am and carting away everything.

    I totally agree with over delivering to customers…refunds or not… it all comes down to customer service.

  26. Brad said

    am September 14 2009 @ 3:50 pm

    Hey Frank

    Thanks for sharing that.

    I’ve seen many vidoes where you allude to what happened - now to read it all put my curiosity to rest.

    Just wish I could do what you do - but hey, I’m no Matthew McConaughey look-a-like!

    Cheers
    Brad

  27. Judy said

    am September 14 2009 @ 8:29 pm

    Hey Frank
    Thanks for the story I always wanted to know what happened there.
    Really good info, Thanks for sharing!!!

    I agree with Robert, who said: “I think you should do a blog on LLC’S and the correct way to be set up for internet MARKETERS LOOKING TO MASS ALOT OF MONEY… PLEASEEEEEEEEEEEE.” but I think he meant PLEEEEEEEAASE!!!!!!!!!!!!!!!!!!

    See Ya in Calgary
    Judy

  28. Adil Amarsi said

    am September 14 2009 @ 9:55 pm

    Awesome Stuff dude!

    Love your products always informative.
    and of course you make me laugh pretty hard.

    Catch you soon,

    Adil!

    P.S. will you ever be re-releasing mass control 2.0? (if so please a lil more notice so i can get some cashola to get it this time)

  29. Jeff in Oregon said

    am September 15 2009 @ 12:10 am

    Hey Uncle Frank howz ya’ll do’n - be sure ta tell cousin Trey howdy too.

    That wuz right keen of ya ta share with everyone like that ! Don’t make no matter no how cuz you a gooood feller anyway and it’s plenty easy ta see dat much. Hell I member momma always use2say “any ol fool can make mistakes - but it takes a much bigger kinda person to fess up to it” Fess’n up feels kinda healthy huh ! Why heck fire man - turns out it weren’t half as bad bout you as alotta folks was feature’n. Plus it’s a fine way ta keep dem more casual write’n skills sharpn’d up soenz U don’t windz up write’n like me.
    Oh yeah yeah….plus the $$$100k lesson included FREE ! ! Dat therez purtty dam cool man !!!!!

    Oh yes……….btw uncle Frank, strictly out of curiosity, as long as I’m stopping in for this rather brief and somewhat playful visit, I ABSOLUTELY can NOT help but wonder, is it just mere coincidence that this very day, Eben sent me his interview with Yanik in which they discussed briefly the advantages of what Yanik referred to as “damaging confessions” ? ? ? I’m somehow going to venture the guess that I probably DON’T need to suggest you go check it out - hehehe - But it was obviously a great point - - just look at all the love !

    dayz right uncle Frank - Uza damn Jeanyus ! ! !

    Peace out
    Jeff
    PS. I still wanna go to Atlanta so bad it hurts.

  30. Missoula Bicycle Hangar said

    am September 17 2009 @ 1:10 pm

    I have dealt with the IRS enough to know that the Gov is not who I want to deal with. This does not sound like it was fun.

  31. Matt Morris said

    am September 18 2009 @ 7:52 pm

    Wow - and I thought getting sued by an individual was bad. Thank God I never had the FTC after me!

    Matt

  32. Adam Gersbach said

    am September 18 2009 @ 9:35 pm

    I had a similar thing happen but I wouldn’t quit fighting for 5 years and all charges have been dropped after years of crapola & stress.

    During the process I lost my home, investment property, all my money etc. Now I’m dead broke, bankrupt and ready to start again sometime soon with a healthy attitude and sound completely legal business model just as soon as I have paid out my bankruptcy.

    Actually the worst part about my situation which I can really relate to you Frank is identity theft. Each 6 to 9 months a program launches being run by a so called Adam Gersbach but it’s not me. And that’s frustrating.

    But like you Frank, in retrospect, my ordeal was kinda cool, mind opening and an incredible learning experience.

  33. Suria said

    am September 19 2009 @ 4:19 am

    Thanks for the sharing Frank…

    You certainly have swung it around and came out stronger than ever before..

    So true, what won’t kill you will only make you stronger!

    You know what, Instant Internet Empires was the 1st product I bought online :))

    My 1st experience learning how to create my own site and I made my 1st $12.90 online selling something on my site which I created from the know Hows you taught, It was a small amt but I was over the moon for making my 1st sale !! :))

    Then life happens and I got busy with my offline world and only recently got back in the game ..

    Only today I realized its you the same Frank who created IIE :):)

    Bless You!

    Your Forever Fan

    Suria
    Singapore

  34. Paul said

    am September 20 2009 @ 11:32 am

    Wow…what an eye opener. I will bookmark and copy your post and leave it on my desktop and read it whenever I get paranoid about what I might be doing. Oh and of course I will be searching for an experienced FTC lawyer.
    Paul

  35. Tim Davis said

    am September 21 2009 @ 2:19 am

    Thanks Frank. Legal stuff can be a pain… and cause a great deal of stress. Thanks for sharing your story to help us avoid pitfalls. You are a cool dude with a great personality. You add that to great content and a great product… well, that’s why you are where you are.

    Thanks,
    Tim Davis

  36. Mark Winstein said

    am September 22 2009 @ 5:43 pm

    Frank,

    I’d add one more thing about getting the correct FTC attorney, or any attorney that is hired to keep you in compliance with state and federal regulations.

    The agreement you sign with the attorney should clearly state that the attorney’s firm and malpractice insurance company is liable for any damages resulting from you following their instructions, and that the attorney’s firm and/or insurance company agrees to pay the legal costs of defending you should any actions be brought against you by federal or state regulatory agencies.

    Then, each specific opinion and piece of advice that the attorney gives you should be provided in writing on the attorney’s letterhead.

    Good attorneys have malpractice insurance, and if they are doing their work properly, their malpractice insurance should cover you so you don’t have to go out of pocket for their mistakes. I do not think it is safe to use an attorney that is not willing to put their malpractice insurance on the line in writing to back up the legal guidance and opinions they give to you.

    Yours,
    Mark Winstein

  37. Mark S. said

    am September 23 2009 @ 3:13 pm

    Here’s what I’ll say about the whole FTC thing. I HAVE been there. In fact, my run-in was first also in 2003 and again in 2005. I guess I didn’t learn from my mistakes.

    My business focused more on making money through the mail and I thought exactly what you mentioned - “everyone else is doing it, so it must be OK”…Let me assure you, it wasn’t OK.

    The FTC placed an asset freeze on me, my wife, my kids savings accounts, my homes, cars, etc..They said I earned $7,000,000 and fined me $1,750,000.

    Then, on a completely different business in 2005 I was using the mail again but to sell actual, physical products. They had NOTHING to do with a Biz Opp and because of a clause in my Final Order from the 2003 case, they said I violated the order. Another asset freeze on everyone in my family and this time they showed I earned $2,000,000 in 9 months of 2005.

    By late 2007 this case finally ended with another fine for the entire $2,000,000 plus $2,000,000 more for the balance of the first lawsuit.

    People….People….Listen to this advice. I too, know how to generate incredible money online & offline but taking shortcuts or the easy way is NEVER a good idea. And Frank’s comments that once the FTC doesn’t like you, they keep an eye on you is SO true!

    Now I did drive a $400,000 Lambo with plates that read “it pays” so I may have been asking for it but I truly had no idea about this vabue clause but it didn’t matter.

    Hopefully writing this post keeps me out of hot water but it really is information everyone needs to know because you don’t want the feds on your ass, especially if you’re guilty.

    I also settled both cases out of court for a mere $5M total but lesson-learned.

    Have great lawyers, don’t cut corners, be honest with your clients and yourself and it won’t bite you later.

    Stay safe…Thanks for the sites & bolgs Frank.

    Peace\

    <Mark

  38. Joseph Ratliff said

    am September 24 2009 @ 4:00 pm

    Wow, the real truth comes out…good lesson Uncle Frank.

    I admire the fact that you “put yourself out there” at such a deep level so others could learn about the “real” stuff.

    I learned 2 things…

    1) If you’re doing things with good intentions, it doesn’t really make sense to try and fight the FTC, just do whatever it takes to get back on their “good side”.

    2) Even disclaimers aren’t 100% protection against legal stuff.

    Business is about people. Always has been, always will be.

    Joseph Ratliff

  39. Daniel Howard said

    am September 24 2009 @ 6:21 pm

    Hey Frank

    This has got to be the most eye opening advice there is around our community, your story is fourth telling frank, thank you very much for sharing, you always best at heart of your clients.

    Thanks for the “advice” interms of what you’ve been through…. you got back up frank and made it work…

    Danny

  40. Lex said

    am September 26 2009 @ 2:06 am

    Awesome essay and advice (sorry, I mean entertainment and opinions) Frank, many thanks for posting this.

    Regards,
    Alex Newman.

  41. Ereh Won said

    am September 27 2009 @ 10:52 pm

    Hi Frank,
    I was avoiding your products intentionally due to this perception that you were like Carlton Sheets of the web, always under investigation for something that’s not really entirely clear ..(my bad , never had time to verify ..)

    I stand corrected ..

    Best Regards
    erehwon@mywebcollection.net

  42. Malkie said

    am September 28 2009 @ 6:14 am

    It was my blog post that motivated Frank to write this piece. I only found it the other day and IMMEDIATELY emailed Frank to apologise. I got the story wrong. I had researched it but of course I didn’t ask Frank for his version of what happened. It’s blatantly obvious that he’s telling the truth, the whole truth and nothing but the truth here. And it makes for interesting reading. I’ve now amended all my posts to help rectify the situation. Meanwhile Frank has a contract on my sorry ass. Mea Culpa.

    cheers mate, Mal a.k.a. Peter Breath

    BTW if you want to read the scurrilous stories they are here - http://www.welcometowallyworld.com/frank-kern-mass-control-or-mas/

    (Frank, feel free to delete this if you don’t want it here)

  43. Millionaire Internet marketing entrepreneurs thrive in San Diego said

    am September 29 2009 @ 6:24 pm

    […] this created more fodder for Kern’s blogs and has not stopped Kern from growing his business […]

  44. Millionaire Internet marketing entrepreneurs thrive in San Diego said

    am September 30 2009 @ 10:12 am

    […] this created more fodder for Kern’s blogs and has not stopped Kern from growing his business […]

  45. Steven Chang said

    am September 30 2009 @ 5:00 pm

    Frank - what a story! They say if you are smart, you’d learn from other people’s mistakes.

    I happen to be someone who makes all the mistakes for other people to learn from, but you know what - there are things that you wouldn’t have been able to learn if you didn’t make the mistake yourself.

    Thanks for sharing!

    Question: If you were to sell Instant Internet Empires again, how would you do it different?

    All the best,
    Steve

    [EDIT FROM FRANK] Steve, I would never even consider trying to sell Instant Internet Empires again …or anything even remotely like it. Once is enough for me :-)

  46. The Fit Dad said

    am October 1 2009 @ 5:05 pm

    I’ve always wondered the back story of this and thank you for telling it. I’ve heard quite a few first hand stories of people getting taken down by an “initialed” agency and it ain’t fun and there’s nothing you can do about it.

    Thank you for being so open. That’s a rarity on the web - even amongst people who say they’re “open”.

    Your stuff is gold Frank - I’ve learned so much from it and am implementing it to this day.

    Thanks,
    The Fit Dad, aka Ed

  47. Noah St. John said

    am October 3 2009 @ 9:10 am

    Frank,

    Whenever I need to refocus and remember why I do all this crazy stuff in the first place, I come to your blog or watch one of your videos.

    And I remember my purpose here: to help people and make a difference.

    Thanks for leading the way and being a way-show-er to the rest of us.

    Your friend,
    ~Noah

  48. Jocelyn said

    am October 5 2009 @ 12:30 pm

    Hi,

    Fascinating story.

    I thought you and your readers might also like to be informed of a new FTC ruling to take effect on December 1st, 2009 that requires bloggers to disclose payments received for product reviews they post on their blogs. It certainly brings up a number of questions, starting with whether “payments” in this instance would include “review copies” of the product itself; and, if one is considered a “blogger” if one is reviewing a product on a social networking page (e.g., Squidoo). Additionally, if a “review copy” is considered a “payment,” is it then income, reportable to the IRS? Yikes. Must the blog you submit to be your blog, for this ruling to be in effect? And, those questions, of course, lead to a host of others…but, if I go any further, I’ll probably just dissolve into a puddle of confusion.

    This news story, which is admittedly sparse on info, was posted on Yahoo! News Monday, October 5th.

    HEADLINE:

    FTC: Bloggers must disclose payments for reviews
    Posted on - Mon Oct 5, 2009 10:23AM EDT

    PHILADELPHIA - The Federal Trade Commission will require bloggers to clearly disclose any freebies or payments they get from companies for reviewing their products.

    It is the first time since 1980 that the commission has revised its guidelines on endorsements and testimonials, and the first time the rules have covered bloggers.

    But the commission stopped short Monday of specifying how bloggers must disclose any conflicts of interest.

    The FTC said its commissioners voted 4-0 to approve the final guidelines, which had been expected. Penalties include up to $11,000 in fines per violation.

    The rules take effect Dec. 1.

  49. Brad West said

    am October 5 2009 @ 7:53 pm

    I read the new regulations, right after I read this, these people are insane. Guilty until proven innocent. I can just say this, we have allot to look forward to with the new health care reform don’t we?

    Is there anything we can do about any of this?
    There are some great points but the negative actions of enforcement kind of override the good it seems.
    Brad West ~ onomoney

  50. Jocelyn said

    am October 6 2009 @ 9:32 am

    Follow-up from yesterday on new FTC regs. This appeared today in the LATimes:

    Bloggers face disclosure rules
    Those writing product reviews will have to divulge the financial benefits they receive — such as payments, gifts or free vacations — under federal guidelines that go into effect Dec. 1.
    By David Colker

    October 6, 2009

    Bloggers have gotten so big that they’re about to be regulated — at least when they accept money or in-kind services from a company whose products they review.

    A blogger who reviews a new product — but leaves out the fact that he or she received payments, high-value gifts or free vacations from the company — could run afoul of new federal regulations on advertising.

    The blogger rules, announced Monday by the Federal Trade Commission, are part of a broader effort by the agency to crack down on misleading endorsements and testimonials in advertising. They also mark the first major revision to the FTC guidelines on the topic in nearly 30 years.

    “The post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement,” said the agency in a statement. “Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service.”

    Celebrity endorsers are also covered in the new rules. The FTC said they won’t be off the hook if they knowingly make a false statement in an ad.

    According to the new rules, “both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement,” the agency said.

    They also have to disclose a monetary connection with a company in other situations.

    “Celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media,” the agency said.

    The new rules are part of revisions to the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. The last time these guides were revised was in 1980, when there was no such thing as a blogger.

    There is nothing in the rules that specifies how a blogger’s disclosure must be made.

    “That’s left up to the endorser,” said Richard Cleland, assistant director of the FTC’s division of advertising practices. “It can be a banner, part of the review. The only requirement is that it be clear and conspicuous.”

    The new rules go into effect Dec. 1.

    There are no penalties directly associated with violating the rules. But the FTC could seek a cease-and-desist order.

    Violating such an order could cost real money — civil penalties of as much as $11,000 per incident.

    But Cleland said the agency didn’t plan on actively seeking out violators, at least at first. “Right now we’re concentrating on education, not enforcement,” he said.

    Bloggers have long praised and panned products and services online. But some companies reportedly pay online reviewers for their write-ups or give them free products such as toys, computers or trips to Disneyland.

    Los Angeles Times policy is that staff members, including reviewers, “may not cover individuals or institutions with which they have a financial relationship.”

    The FTC’s new rules had been under consideration for months, so they came as little surprise to many bloggers.

    Blogger Linsey Krolik, who is an attorney, said she has always disclosed any freebies she’s received on products she writes about, but has stepped up her efforts since last fall.

    Krolik said she adds a notice at the end of a post, “very clear in italics or bold or something — this is the deal. It’s not kind of buried.”

    david.colker@latimes.com

    The Associated Press was used in compiling this report.
    Copyright © 2009, The Los Angeles Times

  51. Jody said

    am October 6 2009 @ 9:30 pm

    Thanks for sharing Frank, I’m glad you stuck with it. I love your no holds barred honest posts.

  52. Roger Due said

    am October 6 2009 @ 11:20 pm

    Frank, I very much appreciated your sharing and the many lessons learned. Always best to keep on the good side of the feds! I always enjoy your ‘crazy style’ and the way you present things in a way that can be understood. Keep it up and enjoy the surfing. Speaking of surfing, my son Eric placed 5th overall in the kite surfing competition this summer in the San Francisco bay area. — Thanks!!!

  53. Frank Kern Says New FTC Advertising Guideline Revision Is A Big Deal said

    am October 7 2009 @ 1:52 am

    […] Kern recently was blogging about What it’s like to sued by the FTC and FTC Declares Shenanigans On All Kinds Of […]

  54. graham | Beach family holiday said

    am October 7 2009 @ 4:37 am

    Hi Frank, an interesting tale, I really symphatise, as I have in the past been on the receiving end of a government agency but in the UK. The scary thing is how easily you can break laws that you are not even aware of, and suddenly find your self facing huge fines and or imprisionment.
    I dont think that the latest FTC rulings will have much effect on the ads you see as many are from companies outside the US, but that wont stop them from making live as miserable as possible for those they get their teeth in to

  55. Tommy C said

    am October 7 2009 @ 6:58 am

    You’re 100% right Frank

  56. Katrina said

    am October 7 2009 @ 3:26 pm

    Frank, I dig your honesty, good humor, and straight up sharing to help out other people. Huge respect.

    I especially like this: “And finally, I learned that in the end, everything will turn out fine. Always has, always will.”

    Great attitude, which, when paired with looking after yourself to the best of your ability, makes for a lot less worry and way more fun!

  57. Bernd (CoCreatr) said

    am October 7 2009 @ 7:26 pm

    Thanks, Frank, for sharing. Your free stuff is worth so much of my while, I am getting curious about the paid stuff of yours…

  58. What’s Up With The FTC? | Build Your Business With Internet Marketing said

    am October 8 2009 @ 2:57 pm

    […] Frank Kern FTC: What it’s like to sued by the FTC […]

  59. Marianne said

    am October 10 2009 @ 6:52 am

    That is an incredible story. Your positive attitude is a real tribute to you!! With the new laws coming in, we could all be there. Time to really watch our Blogging efforts.

  60. Mikko said

    am October 10 2009 @ 10:42 am

    Thank god I don’t live in USA. This FTC seems to be some kind of modern Gestapo.
    In my country government agencies equivalent FTC are there to help business to comply the law and regulations. They rarely, if ever, sue anybody. Well, good luck guys.

  61. jon steel said

    am October 10 2009 @ 5:03 pm

    Damn … Great lesson Frank. Just sorry you had to go through it man -

    JS

  62. suzzi matisse said

    am October 10 2009 @ 8:27 pm

    heya frank

    i like ur style
    i want a mentor…will u be mine?

    also does ftc only have jurisdiction in usa
    (i live in ozland)

    ur article has been imprinted into my subconscious..i don’t intend to give it
    too much attention but to be aware always all ways

    thx

  63. Frank Sherman said

    am October 10 2009 @ 10:21 pm

    Dear Frank, this is a new blog I started to protect IMers and any business owners. I am an expert in corporate finance, liability protection and covering your butt. Saving a bundle in taxes legally is cool too. I will be adding a lot more content as time goes on but remember this, the FTC, SEC, etc. are comprised primarily of lawyers so it’s a good idea to fight fire with fire and ALWAYS stay in compliance. This blog was made to be informational but, if contacted, I will address individual issues. Again, it’s: http://llcsandcorpsforimers.wordpress.com. Thanks, Franksternvegas.

  64. FTC’s New Rules for Marketers – Do You Know What to Do? | Building from Nothing said

    am October 12 2009 @ 12:03 pm

    […] What it’s Like to be Sued by the FTC (also very important!) […]

  65. Mark said

    am October 12 2009 @ 9:38 pm

    None of this surprises me. I had a federal agent tell me “It isn’t whether you have broken a law or not, it is whether we think we can win the case.” The only surprising thing is that they didn’t go after the guys with money. That is the usual modus operandi. They want the fines paid to at least cover the investigation costs. (They usually like a bonus jail term too so you really did get a break!)
    (Is this a public forum? Oops, I didn’t say that)
    PS-You are right about ‘IF YOU HAD…’ wouldn’t have helped. Once you are in the sights… Just fall down and play dead!

  66. Go Wise Up said

    am October 14 2009 @ 6:01 am

    It’s rather worrying that something so innocuous can cause so much trouble.

    I’m also not in the USA and am unsure as to the extent of the FTC’s jurisdiction particularly as my hosting is US based.

    Glad you came through it though Frank ;)

  67. FTC Compliance, You and Me said

    am October 18 2009 @ 4:46 am

    […] what it’s really like according to Frank Kern in his long story on the matter., despite doing nothing particularly […]

  68. Charles Lamm said

    am October 21 2009 @ 5:48 am

    I always think the govt picks a target based on exposed assets. I’m sure you use asset protection now. Notice how the govt fines someone and then keeps the money.

  69. Ronak Shah said

    am October 26 2009 @ 7:32 am

    I think this is awesome of you Frank to share everything you feel.

    However, I admire your spirit. You’ve won great many hearts.

    I’m so fortunate the FTC does not have control over me as I am NOT from the USA.

    Love TC. Ronak.

  70. More On the FTC for You and Me | Home Business Infopreneur Resources said

    am October 28 2009 @ 6:47 am

    […] time of Frank’s bust). I strongly recommend that you read Frank Kern’s own story about Frank Kern’s FTC bust back in […]

  71. Jeff Armstrong said

    am November 3 2009 @ 4:07 am

    This comment goes to Ronak Shah. Just because you live outside the US doesnt mean you cant get in trouble with the FTC. If you have any US based servers for your marketing websites or use US based payment processors like Paypal, you can be hurt by FTC sanctions. Your domains could be locked up and your paypal account frozen! Double check your operations with a good lawyer with FTC experience to protect yourself as Mr Kern has suggested.

    Peace
    Jeff

  72. Bill F - Yournetbiz said

    am November 3 2009 @ 10:51 pm

    Moral of the story:

    If the Government wants to examine your colon, you will bend over, they will insert scope and they will find what they want to find…

  73. KC Truby said

    am November 7 2009 @ 12:45 am

    FTC sent cease and disist against us in 2003 for faxing. We stopped faxing that day but the vendor “Fax dot com” decided we made too much money to stop. So they started a new company and called it qbeasy. I had nothing to do with the new company. Fax.com kept sending faxes for QuickBooks seminars. FTC took no more action against us but we got nailed by tort lawyers for faxes we did not send. Sued for millions and billions for faxes I did not send. We even got sued for resturant faxes and mortgage company faxes - every lawyer in the country was filing against us just for a chance at our insurance.

    WE lost our business called Bridge21 and 19 employees quit or lost their job. I lost all my money to legal fees and a ruined business as our staff all left due to the chaos. It was a nightmare.

    THis country is desperate for tort reform. Won’t happen under Obama, but we sure need something to be done.

    KC Truby

  74. Larry D. Acker said

    am November 7 2009 @ 9:04 am

    This was a really nice read , Ya the feds are behind you when you need them .You are a honest person Frank ,and I commend you for that . Just a bump in the road for you Frank . It”s really like a learning phase , you get hurt doing something ,physical or mentally , but you just have to get back on that horse and take it for another ride ,just to see if you can get it right the next time around . Know matter what the cost!!!!!!Good Job Frank ,and again thanks for being an honest man .IAs you can see Frank I do not have a web site above . I am 53 yrs old and lost 1000″s on the net ,jumping around from site to site , listening too all the “hype “.Maybe you can direct me the right direction Frank . Anyways thanks again , and what ever you do do not take any wooden nickels , they do not spend too well ,see ya!

  75. Shane Lowry said

    am November 13 2009 @ 1:53 pm

    G’day Frank,

    Thanks for dishing the full story. I’d heard bits and pieces of it over the years.

    Great lessons to be learned, especially, keep plugging away.

    Things have a way of turning out for the best. Always have, always will.

    Kind Regards,
    Shane Lowry

  76. Kenneth Young said

    am November 14 2009 @ 11:02 am

    well I may have some people angry at me for what I am about to say however I do not believe in telling anyone what I think they want to hear.

    I think that the FTC’s new rulings on how to do business on the internet is a good move on their part especially when it come to a disclaimer as now the salespage will have to reflect what is in the disclaimer and why shouldn’t it. I think it’s bloody well time to get rid of this bull shit that is out there. I get a kick out of some of these sales claims that are suppose to verify earnings through clickbank.

    The earrings that are claimed includes these tiny snapshots of something like 2 inch script that doesn’t even have anything that says clickbank and even if it did that could even been photo shopped. Good Going FTC.

    Kenneth

  77. Helen Chang Writer » Blog Archive » Millionaire Internet marketing entrepreneurs thrive in San Diego said

    am November 20 2009 @ 7:24 pm

    […] But this created more fodder for Kern’s blogs and has not stopped Kern from growing his business online. […]

  78. tax marketing and operations coaching said

    am November 21 2009 @ 2:43 am

    yeah The earrings that are claimed includes these tiny snapshots of something like 2 inch script that doesn’t even have anything that says clickbank.

  79. Jesus Moreno said

    am November 26 2009 @ 11:16 pm

    Hi Frank:

    I have read all of your post and really got shocked. I am a Mexican citizen working some marketing stuff on the internet. This new FTC rules are really scaring. I have read that these new rules are ambiguous and do not understand why this has to be that way if instead can be crystal clear. But here in my country also happen this kind of things. I hope indeed that we do not have to face these FTC guys.

    Thank for the learning.

    Regards,

    Jesus Moreno

  80. Jeff Walker Product Launch Formula Farewell | MarketingProfessor.com said

    am November 30 2009 @ 12:16 pm

    […] marketing apocalypse.”   You can learn a lot from what Frank Kern said about his experience here, his take on recent changes here, as well as public records of his experience and final judgement […]

  81. Mark Coble said

    am December 1 2009 @ 11:56 am

    I appreciate you sharing this information Frank. I’ve been wondering what to do in regards to locating an attorney in regards to the new FTC ruling that started today Dec 1st. i have a prepaid legal membership and thought i would start there, but I really need an attorney that specializes in understanding the FTC. Does anyone have an ideal how to find this person? I seen courses being promoted, but not sure on the validity of the services.

    Thanks,

  82. What do the new Federal Trade Commission (FTC) guidelines mean to you and your business? | Jamie Dolan Blog said

    am December 1 2009 @ 2:44 pm

    […] you don’t think the FTC guidelines are a big deal, I strongly encourage you to read this “Frank Kern FTC: What it’s like to sued by the FTC“.  Frank Kern talks about his no so pleasant experience with the […]

  83. Terry Armstrong said

    am December 6 2009 @ 8:59 am

    Dude, I am sitting in Macon, GA wondering the same shit that you were back in 2002. “How can I get around the FTC?’ And The bottom line is you can’t…I got it, it has not been scared into my brain!

    Do the right things for the right reasons and it will be fine. Wow…I needed to read this. Great article Frank, really good article mabye we can hook up when you come home.

  84. Brandon Guillermo said

    am December 8 2009 @ 2:25 am

    As I wend my way through the internet marketing jungle (which resembles just about every figurative or literal jungle out there) I’m thankful for the guides and trailblazers I encounter. And, as in every profession, the good must counteract the bad until critical mass is reached. I came here from a referral by Gabe Strom and Bill Crosby (Social Media TV). Entrepreneurship is the new reality for many of us now. Nice to see critical mass building.

  85. Jim said

    am December 18 2009 @ 12:50 am

    And DO NOT hire an attorney and ask “How do I get away with this?”

    Instead, ask “Where is the nearest ACORN office?”
    They’ll tell you the latest tricks to get around any law.
    Love all those undercover videos.

  86. Wes Melcher said

    am January 4 2010 @ 7:35 pm

    Thanks for all the info Frank!!

    I love reading your stuff!!

    Wes Melcher

  87. Mike said

    am January 10 2010 @ 2:38 pm

    HAHAHA

    “1: For the love of God, do NOT take anything I say here (or anywhere) as legal advice.”

    You said this cuz if you don’t put that disclaimer you might get complained or sued again :P

  88. Home Depot Gift Card said

    am February 16 2010 @ 3:50 pm

    Great lesson Frank. Just sorry you had to go through it man - have a good one.

  89. brady oshiro said

    am March 1 2010 @ 11:57 pm

    wow, thanks for your info, thinking of making my own product and don’t want to get into the same trouble with the FTC

  90. AJP said

    am March 3 2010 @ 10:10 pm

    Have you ever thought where would you be if you are sued by FTC?

    I am just wondering about that.

    I knew about yourself since last year but never bought products from you. However, I know lots of successful internet marketers either the well-knowns or not, they ACTUALLY learned from you.

  91. Kevin Wirth said

    am March 14 2010 @ 10:46 am

    Hey Frank - is it just me, or is the first time you’ve ever talked about this stuff? I don’t recall reading (in your own words) about this anyplace else. I remember back in the day you were going through it all, and your reputation got drowned in the toilet. I was wishing back then that I could be privy to what really went down. So much speculation about your troubles led to soooo much bad hype about your plight — no one really seemed to know what the real deal was.

    It’s too bad that your reputation took such a hit, and STILL does to this day.

    Glad to see you made up for lost time though. And thanks for sharing your really unfortunate but very valuable lessons learned with us.

  92. Exotic Resort said

    am March 15 2010 @ 2:38 pm

    Sorry to hear about the troubles but with list control out now I am sure you are doing just fine.

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