New FTC Thing Is A Bigger Deal Than You Might Think

FTC Declares Shenanigans On All Kinds Of Stuff!

OK. Before we begin, let me make the following disclaimer: I AM NOT A LAWYER, NONE OF THIS SHOULD BE CONSIDERED LEGAL ADVICE.

(Duh!)

Onward…

Most people think the new FTC guidelines are aimed at stopping those fake blog sites.

You know the ones, right? Where the “blogger” is a totally non existent person and it’s just some made up story to promote a CPA offer?

I’m sure you’ve seen them.

Here’s a list of fake weight loss blogs
http://www.weightlossweapons.com/blog/weight-loss-scam-sites/

…And here’s a list of fake “Make Money” blogs:
http://workathometruth.com/classifieds/m-fake-mon/

And while I’m sure these fake blogs played a major role in the FTC ruling, all those people telling you that this is all about blogs …

ARE WRONG.

Here’s the deal:

First, if you’re getting paid to sell something on a blog, yeah, you should go ahead and let people know. Maybe mention it in the TOS, or maybe say something like, “If you decide to get this thing, click this link first and they’ll pay me a little commission money so I can finally retire to that little fishing village in Mexico!” (<---Like I said, this is not legal advice! Get advice on this from a real lawyer and NOT me.)

Personally, I don't think the whole "blog thing" is that big of a deal for REAL marketers like us and I think it'll be super easy to comply with the FTC.

BUT HERE’S WHAT THEY’RE NOT TELLING YOU.

These new guidelines are a whole lot more serious than this blog business.

They also cover how you can use testimonials …and this is likely to PERMANENTLY change the way we do business.

Here’s the interpretation straight from my FTC lawyer, Gary:

“…The most significant change to the revised guides is the deletion of the “safe harbor” that has long allowed advertisers to use testimonials who reported specific successful experiences with an advertised product or service as long as the advertiser included a disclaimer such as “Results not typical.” Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect.”

Umm …right. Here’s the “Kern Translation”:

Let’s say you sell an exercise DVD.

And let’s say you’ve got a customer …we’ll call her “Patsy” …let’s say Patsy followed your DVD to the letter, worked out like crazy, watched what she ate, and lost 950 pounds.

Now, let’s say Patsy wrote you a testimonial and said “I lost 950 pounds thanks to this DVD!”.

Nothing weird there, right?

Up until these guidelines came out, you could be really safe by simply putting the standard “results not typical” disclaimer on your site. You’ve seen it 100 times, right?

It goes something like this: “Results not typical. Your results may vary.”

No big deal …up until now.

Here’s the key phrase form the “official” paragraph above:

    required to clearly disclose the results that consumers can generally expect.


What this means is that if you have a testimonial where someone gets an amazing result using your product, you’ve got to follow it up by saying something like this:

Results not typical. The average user uses this DVD as a coaster for their Big Gulp and never loses any weight at all.

And frankly, even doing that might be dangerous if you say “the average user uses this DVD as a coaster” because the FTC could theoretically argue that …well, you’re implying that therefore all anyone has to do is NOT use the DVD as a coaster and they’ll lose 950 pounds.

See? Easy to screw that one up.

Here’s more from my man Gary: “The FTC also said that it believes that it is “likely” that testimonials that present the specific experiences of a product user (e.g., the number of pounds or inches lost) will be viewed as claiming that those experiences are typical of what consumers will generally experience.”

Mmm hmm. Trouble with a capitol “T” right there, buddy.

Here’s the sentence that get’s you: viewed as claiming that those experiences are typical of what consumers will generally experience

In my opinion, this means that if you say Pasty lost 950 pounds, the FTC will view this as you saying the TYPICAL USER will lose 950 pounds.

And if you don’t have documented proof out the wazoo showing that the typical user loses 950 pounds, you’re hosed.

Here’s what this means to you

OK. Basically, if you use a testimonial that shows someone really hitting it out of the park, you can’t say “results not typical”.

You gotta say something like “Results not typical. The average user experiences XYZ.”

And if you don’t know what the average user’s results are, you’d either better find out …or simply not use these types of testimonials at all.

But this doesn’t mean that ALL testimonials are this serious. From what I understand, you don’t have to worry about any disclaimers if you’re using testimonials where your customers simply say they like your product, like you, and are happy with their purchase.

…It’s only when you’re conveying a specific result.

Here’s my advice

COMPLY, BY GOD!!

Look. Many marketers are going to scheme for days on how to “get around” this new ruling.

Don’t waste your time. You don’t “get around” the FTC. If you’re worried that a certain testimonial will get you in trouble, don’t use it.

In my experience, testimonials are overrated anyway.

My Mass Control sales video didn’t have any (but I did use them in pre-launch. I won’t do that any more.)

And our current “Screw Google” promotion doesn’t have any either.

If you deliver enough value BEFORE asking for the sale, you should be able to sell plenty of stuff forever.

We’re SUPER lucky as Internet Marketers because when you build a list, you can constantly be providing great value for your subscribers for free …and when it’s time for you to sell something, they don’t need too much convincing.

Anyway - that’s my take on this whole FTC thing.

Hopefully, it clears things up for you and will help you keep your nose clean!

Frank

P.S. I almost forgot to make this point. Any time you have a major change in marketing like this, you’ll see a big drop off in competition.

Lots of people will either screw themselves by not complying with the new regulations, or they’ll try to comply but fail to sell anything because they’re not delivering enough up-front value. Or they’ll just say, “aww …to hell with it” and quit.

All three of these scenarios do nothing but clear the way for you to get more customers by eliminating your competition.

Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.

No over-the-top testimonials needed :-)

Now get out there and make some money!

*** If you enjoyed reading this blog, your results are not typical. The average reader eventually says to himself, “Shit. I shoulda just watched Family Guy or something.” Absolutely nothing in this post should be considered legal or professional advice. Seek the care and advice of a normal and sane person.


583 Comments so far »

  1. Allison Reynolds said

    am October 6 2009 @ 5:25 pm

    Absolutely, totally 100% agree. Stop wasting breath cursing the drop, and make sure your business is toeing the line. Opportunity time here.

  2. Peter Dudek said

    am October 6 2009 @ 5:27 pm

    I wish I had you to explain ALL my legal questions. Your explanations are much more lucid and entertaining.

  3. Dan said

    am October 6 2009 @ 5:34 pm

    Well, good thing I don’t use testimonials that convey a specific result, then! I’ll just stick to ones saying what a good guy I am. Most people know that the majority of people are lazy hacks who will never put any effort into accomplishing something beyond the norm. So I don’t understand what the disconnect is between that understanding and “results not typical.” Should be so obvious that it doesn’t need to be said. Guess it’s just another avenue for people who were never going to succeed anyway to lay the blame on external circumstances (in this case, the marketer) and go back to their life of slothful indulgence.

  4. Ed Hudson said

    am October 6 2009 @ 5:34 pm

    As always Frank… I think you are RIGHT ON with this analysis of the FTC thing. And for the record, I’d rather read your insights than watch that stupid “Family Guy” or something. In fact, I’m not even sure my TV still works. :)

  5. Loyd La Rue said

    am October 6 2009 @ 5:36 pm

    Hey Frank.. you are 100% correct in saying:
    “Lots of people will either screw themselves by not complying with the new regulations, or they’ll try to comply but fail to sell anything because they’re not delivering enough up-front value. Or they’ll just say, “aww …to hell with it” and quit”…

    but then again I too am not offering any legal advice, testimony, nor offering products to sale, nor coaching to change your Karma/Affirmation, nor wanting to grow my pre-qualified list of mega clients…Oh!!! wait-a-minute—I better not go that far..

    thanks for the update…this ruling will effect all of us in someway…

    Loyd La Rue
    PS:
    Thought of the Day: “The Most Difficult thing is the Decision to Act; The Rest is merely Tenacity.” author unknown..or maybe it was me but I can’t say for sure…

  6. Scott said

    am October 6 2009 @ 5:57 pm

    Thanks Frank! I’ll have fun with continued use of results based testimonials only now I’ll add the not typical weasel clauses!

  7. Scott said

    am October 6 2009 @ 5:59 pm

    slothful indulgence. words of the day. great job Dan

  8. Pam Brossman said

    am October 6 2009 @ 6:05 pm

    Frank brilliant as always. You made it very clear and simple how to overcome this rule change. I was never a big fan of testimonials anyway. Been to too many workshops where testimonials were always from people who attended the same workshop so they never held any weight when it came to my purchase ever. I totally agree with your philosophy of deliver huge value, keep your customers happy, deliver more value and sales will keep coming.

    I also agree with clearing out the wusses…make room for those who are not easily deterred to carry on with business as usual with just a few strategic changes…simple really.

    Thanks for sharing Frank this was very helpful and I retweeted so that more people will not get discouraged by this latest ruling.

    As always Frank you see the positive side and show people the way to move forward no matter what gets thrown at you. That’s why you are the best mentor ever!

    Have a fab day.
    Cheers
    Aussie Pam :)

  9. RK Castillo said

    am October 6 2009 @ 6:06 pm

    Thanks Frank. Best explanation I’ve read about this so far! Think I’ll retweet this. Over

  10. Sanjeev Bhadresa said

    am October 6 2009 @ 6:18 pm

    Frank

    Thanks for the layman’s interpretation of the ruling.

    Have to go now, Family Guy is on!

  11. Jeff (nothing typical here) Herring said

    am October 6 2009 @ 6:26 pm

    Best line of the post - “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.”

    By passes all testimonials

    2nd Best line of the post - “All three of these scenarios do nothing but clear the way for you to get more customers by eliminating your competition.”

    When you had your “little dance” with the FTC Frank, you could have responded by pulling out and saying “screw it!”

    I for one am VERY GLAD you didn’t. And while “my opinion may not be typical” it oughta be!

    Jeff Herring

  12. Ryan Even said

    am October 6 2009 @ 6:27 pm

    Thanks for keeping us in the know!

    I wonder how this applies to us AS MERCHANTS? Are we aloud to talk about OUR results as product creators with the methods we teach in our products?

    For example, if I develop a workout system and I loss 950 lbs, can I talk about my results using my own product or is the same type of disclaimer required?

    Can Frank talk about all of the income he’s produced using “Mass Control” when selling “Mass Control”?

    Ryan

  13. Frank Kern on the new FTC regulations | The Underachiever Life said

    am October 6 2009 @ 6:28 pm

  14. Matt Koshko said

    am October 6 2009 @ 6:28 pm

    This is a great, and probably accurate summary of what the FTC means. Of course, as mentioned, the FTC can leave it somewhat vague so they have breathing room.

    For those who DO use testimonials that mention atypical results…you better make an effort to do something about it.

    ~Matt

  15. Bill McIntosh said

    am October 6 2009 @ 6:35 pm

    As usual… love your point of view & you’re spot on!

    I’m about to go live and cover this very topic in about an hour and will basically be making the same points. Anyone care to join me live & give their 2 cents?

  16. Dennis Totman said

    am October 6 2009 @ 6:36 pm

    This blows my whole harmonious vibe… I watched the first Screw Google video and you said you were a lawyer for NASA! Or was that a doctor?? I’m confused.. Anyway I took GREAT comfort in that knowing our astronauts were safe and legal. Now you tell me you’re not! Were you disbarred? If I can’t believe you how in the world can I believe the FTC!!

    The problem with government is the continued creep into our freedoms. I believe they call that oppression. Do you think you could use Crowd Control in Congress to have them knock this crap off?

  17. Sandi Krakowski said

    am October 6 2009 @ 6:41 pm

    Frank you ROCK! So glad I am not the average user and I don’t GET regular or typical results… you’ve been a great mentor and you didn’t train us to be TYPICAL! Thanks for the heads up here! :)

  18. Matthew Meyer said

    am October 6 2009 @ 6:41 pm

    Thanks Frank for explaining that. Where can I get the DVD where you absolutely guarantee that I will lose 950 lbs again?

  19. Sandi Krakowski said

    am October 6 2009 @ 6:47 pm

    ps…. by the way 5 years ago I lost a $ 150k a month sales volume in MLM when the owner said, “This isn’t a big deal, what can the FTC do?!” and they fined him $ 2 million dollars a year later… thank GOD I had the tenacity of a bull and the swiftness of a gazelle and got out of there, now making 7-figures in another industry. But yeah…. THAT was serious.. and everyone thought it was a joke then too. So…. LISTEN TO FRANK!

  20. Nina Hershberger said

    am October 6 2009 @ 6:49 pm

    The best use of testimonials I ever heard was from a financial planner guy who gave jackets away to his clients with his logo on them and they simply sent him picture of them wearing his jacket in super exotic places which he printed in his newsletter. Lots of social proof - no words needed.

    Thanks, Frank for this post. Awesome.

  21. Scott Nailon said

    am October 6 2009 @ 6:50 pm

    Well then… thats USA Laws… what if you were to establish a business in another country that are not governed by these laws? - just a though… the US GOV sux - they are greedy bankers at heart! I am GLAD I live in Australia ;)It aint so bad here :)

  22. thetomr said

    am October 6 2009 @ 6:50 pm

    Thanks Frank. Best explanation I’ve seen so far.
    I appreciate your sharing the info with us.

  23. Internet marketing course said

    am October 6 2009 @ 6:52 pm

    You’ve made it very clear that this was not legal advice, thanks. Although, I can see that many of us should pursue some better legal content than we probably have on our sites at the time of writing.

    Makes you wonder if we will simply become one big litigious society one day, then we could just go surfing. :-)

    All jokes aside, this has been helpful and it was good of you to share information you probably paid for.

    Ray Baker

  24. QueensMary said

    am October 6 2009 @ 6:53 pm

    say whaat?!!! someone said Frank is lucid? I thought he was blond.

  25. Ellen Britt, PA, Ed.D. said

    am October 6 2009 @ 6:54 pm

    Excellent take on this Frank. I’ve already added a disclosure statement to my blog posts. Thanks for the reminder on the testimonials!

    And I love the idea that this latest “bomb” will make some of your competitors drop off the scene.

  26. Daniel said

    am October 6 2009 @ 6:55 pm

    Does it affect non US citizens ? :)

  27. Larry Rivera said

    am October 6 2009 @ 6:56 pm

    Thanks Frank I read something earlier today on this subject and was a bit confused. You really did a great job of clearing it up for me.. I love being a subscriber on your list thanks for sharing all the great content that you do.

  28. Dave Doolin | Website In A Weekend said

    am October 6 2009 @ 6:58 pm

    This is actually good news for me, because I now have even less reason to attempt to acquire testimonials.

    Instead, I’m going to continue to give away even more really good free tutorials, and let people sort it out in the comments. It’s taken 9 months, and over 100 tutorials, but I’m now starting to get traction.

    For my upcoming ebook, I’m going to simply ask people to say whether they liked reading it or not. Sure, it’s useful, and it will get people long term traffic results, but these guidelines really take the heat off of me. I tell people due to guidelines from FTC, I’m not really allowed to report any specific results, so if you had fun reading it, let me know. If it’s no fun, full refund.

    In the end, I don’t think these guidelines are going to change anything at all though. Gullible and greedy people will still find a way to get ripped off, then complain about their stupidity. You can’t con an honest man.

  29. Pam said

    am October 6 2009 @ 6:59 pm

    Gee, isn’t it just wonderful that our government has the time and money to protect us like this? When I would merely settle for good services like decent roads, a good police and fire department, good public schools so I didn’t have to send my kids to private …

    Thanks for sharing this valuable information Frank.

  30. James Klobasa said

    am October 6 2009 @ 7:02 pm

    Cheers Frank,
    great info, great delivery…as always!

    James

  31. Miles said

    am October 6 2009 @ 7:04 pm

    I really love those sites that have a bunch of testimonials even before the product is ever launched. Yea I really believe the “I let a few people test it before I released it to the public” especially when you see a behind the scenes video later and they are still “creating” the product LOL! I think the FTC should crack down on all the hype and lies going on.

    Regards,

    Miles

    P.S. I just got an email today that said I could make $40,000 per month from a matrix “cough cough, yea right”!

  32. Mike said

    am October 6 2009 @ 7:09 pm

    Thanks again Frank.

    Always coming out with timely and quite valuable information.
    Thanks for the translation of “lawyerese”.

    Mike

  33. Bob Marconi said

    am October 6 2009 @ 7:12 pm

    As always, the devil is in the details!

    Thank you sir.

  34. Juan said

    am October 6 2009 @ 7:12 pm

    This FTC thing is an inch away from going after affiliate product marketing. Maybe they would twist what they define as a blogger to include anyone recommending someone else’s product. The fines are up to 11,000 dollars. Maybe a good time to get hosting Off-shore.

    Anyway, thanks for the advice.

  35. Gary McElwain said

    am October 6 2009 @ 7:13 pm

    This is a real testimonial from a real person.
    I Gary McElwain do solemnly swear that I find
    Frank Kerns blog post to much more educational
    and way more entertaining than “The Family Guy”
    or any TV show’s for that matter.

    Except for maybe “Gene Simmons Family Jewels” and
    “Two and a Half Men”.

    These results are not typical of the regular blog
    reader. Unless of course they follow Frank Kerns blog.

    Gary McElwain

  36. Scotty said

    am October 6 2009 @ 7:14 pm

    Thanks buddy your results are typical of what I’m after

  37. Stuart H. said

    am October 6 2009 @ 7:14 pm

    ’bout time that domeone decided that this industry
    needed some regulating and actually did something
    about it.

    i’ve been predicting for a LONG time that this was
    coming.

    unfortunately i don’t think that it goes far
    enough….

    while a majority of marketers are legitimate, the
    minority are always the most vocal, the most easily
    noticed, and as in any industry - the ones who
    ruin it for the rest by making this industry seem
    as though it’s filled with snake oil, smoke &
    mirror charlatans.

    now we need to see some enforcement.

    regards to all,
    stuart halpryn
    NetActivated.com

  38. Jim Longnecker said

    am October 6 2009 @ 7:15 pm

    Hey Frank, as usual, great advice. I’m sure many are running for the hills trying to figure out how they can promise everything and deliver nothing. You have always been the opposite and way over deliver. The wild, wild west internet days are gone. Be professional, act professional, (ok you like to have fun and while you are entertaining, I’ve learned more from you than anyone else out there, both free and paid for info.)

    Please try and keep Obama out of it or no one will be allowed to make more than $1,000 a week or be taxed at 90% for every dollar above 1k. FTC is one thing, our President is a totally other deal….. The world is changing and it doesn’t look good for anyone who works their ass off trying to get ahead!

    Thanks again for the great information. Much appreciated!

    Jim Longnecker

  39. Spencer Shaw said

    am October 6 2009 @ 7:16 pm

    well put dude

    sounds like a case Spadanko could head up whatta ya say?

  40. Bill F said

    am October 6 2009 @ 7:20 pm

    Frank,

    That was Great “not legal and or professional” advice.

    The truth is I’ve used several of your products and they actually made me better looking and my sexual performance improved by 267%…

    but of course these results are not typical and every other user of your products will probably remain ugly as hell and will still suck in bed….

  41. Steve Pohlit said

    am October 6 2009 @ 7:21 pm

    Frank -

    your writing is awesome. Patsy losing 950 lbs.results not typical is fantastic.

    So were you wearing your full feminine dress when you wrote this or just your dress?

    I am not referring to your advice which is right on. I mean wtf does the FTC have to do with any of this anyway. Where in the constitution does it say we should have these regulations. You know Frank you are very visible and I know you had a situation with our regulatory agencies. Seems to me that is all the more reason to stand up and say enough of this crap.

    We are capable of deciding what is valuable and what is a scam. I don’t feel we need the govt to protect us here.

    Great job on the advice of complying but big opportunity passed to say to the FTC a few choice words - delivered with love of course.

  42. Paul Klein said

    am October 6 2009 @ 7:28 pm

    Great post, Frank.

    I agree totally. This ruling may help weed out the bad sharks in the pond, or the scum, however one chooses to see it.

    Compliance is always key in any business. So anyone hedging their bets on doing shady marketing will get bit.

    I appreciate your take on things, and this is one that everyone should take note of.

    Best,
    Paul Klein

  43. Joe said

    am October 6 2009 @ 7:31 pm

    Thanks very much Frank, for the very clear explanation of what this ruling is all about.
    The one thing to keep in mind is that the ruling isn’t up until December, so we have until then to sell those DVD’s that claim fame, fortune, and svelte bodies, without a problem. After December, it’s going to be a different story.
    Also, just because you have a foreign address, you can still be taken to the cleaners, in our very biased judicial system where anything goes, as long as it hurts the greedy capitalists.
    One thing this ruling will not do is make anyone more honest or truthful in both their marketing or packaging just more careful.
    Have a great today, you all!
    joe

  44. Anthony Tomei said

    am October 6 2009 @ 7:33 pm

    When you STOP promoting internet marketing products and finally discover that there are little niche markets which have millions of people to sell something to you kinda just shrug your shoulders about the testimonial issue with the FTC and the disclaimers, etc… Blah… Blah…Blah…

    What exactly do I mean? Should everyone ignore legalities? NO! More like you should high tail it out of the IM niche because there ain’t no money in it at all unless of course you’re Mike Filsaime, Frank Kern, Michael Rassmussen, or Anthony Tomei ( oh shiznit, that’s ME!!!) LOL! Seriously though…

    “Find a hungry market and feed it”

    There are PLENTY that even guys like FRANK aren’t aware of himself ( Frank, email me sometime and I’ll show you a thing or two: ) I know, I am in 3 niche markets right now that no one would ever even guess I’m in. And you know what?

    They all make a TON of money using totally FREE traffic sources. Yeah, FREE TRAFFIC SOURCES. ( Again Frank, If you want to learn some stuff I’ll be glad to show ya. Just e mail me. I know you probably STILL have my e mail address : )

    Really though, Frank is 100% RIGHT (Frank, Don’t you get sick of being a superhuman money sucking machine from the future?)

    As always Frank has great content and even better products, so if any of you were on the fence and never purchased his stuff before it’s worth 10 times the price he’s charging. Trust me, I learned everything I know from Frank, accept I watch ‘HOW’ and ‘WHAT’ he did and simply applied it to my own system of marketing. But… Not AS good as purchasing one of his STELLAR products. It’s just not the same. I would have probably made a whole helluva lot more if I broke down and bought MASS CONTROL.

    (Hey Frank, would that be considered a TESTIMONIAL?) LOL!

    Anyways, I wish everyone a pot of gold at the end of the rainbow. But don’t go lookin for it, that leprecaun stuff is just fantasy BS. Later……..

    Anthony Tomei

  45. Kelley said

    am October 6 2009 @ 7:34 pm

    There IS a way around this. At least there is in some cases.

    I give away a lot of free content. In fact it’s the sort of thing the FDA would LOVE to stomp on with both feet, because I have a recipe that cured my cancer. Others have used the recipe and also become cancer free.

    I don’t sell the recipe, nor do I sell the ingredients. Thus there is no “Trade” for the FTC to regulate. Hahaha, I laugh in their oppressive faces. (FDA, too, since I don’t diasgnose or prescribe!)

    I also sell a book that tells the story of a doctor who cured cancer. They can’t touch that either.

    If you sell internet marketing products, you can give away free stuff and put as many testimonials about that as you wish because there is no “Trade” to regulate. Use your outrageous ‘tests’ on your free stuff and then for the stuff you sell tell your prospects the oppressive FTC won’t allow ‘tests’ otherwise you’d provide them out the yinyang.

    Meanwhile, someone needs to sue the FTC for restraint of trade. They just lost a case regarding being able to make truthful statements about supplements!

  46. Dawn said

    am October 6 2009 @ 7:37 pm

    I welcome the thinning out of the wheat from the chaff! I wasted so much of my time looking at worthless crap on this internet, that I am already worn out and ready to just give up! Law abiding citizens don’t mind new laws…only scoundrels like the no-rules thing! YES…I SAID SCOUNDRELS!!
    I was born in 1867..what do want from me!?
    I will sell you some ocean view property in Arizona REAL CHEAP!!
    Or, how about some snake oil? It can fix ALL your ailments!
    (All that was a lie..of course! What ya gonna do about it?!)

  47. Ellery said

    am October 6 2009 @ 7:38 pm

    Thank you Frank. Excellent “normal blog post”.

    Especially I like the last paragraph of the post.

    This is not a testimonials, by the way. DO NOT treat this as a testimonials.
    :-)

  48. Tatyana Gann said

    am October 6 2009 @ 7:39 pm

    Thank you Frank for easy and simple explanation… You rock..
    I would say you almost chew the info for us and put into our mouths to swallow and digest… AWesome..

    Thank you

    Tatyana

  49. Paul said

    am October 6 2009 @ 7:40 pm

    Good thoughts… but don’t forget that there’s a whole world out there beyond your U.S. borders using dot COM, dot ORG and even dot US domain names who have NO CLUE who, or what, the FTC is. Heck, I had to Google it to find out myself.

    These people will not give a toss what the new rulings are - or the old ones - and neither will the FTC affect them in ANY way. And these are your/our competitors, and perhaps even affiliates for the same products.

    So the FTC is the Federal Trade Commission, and they supposedly exist “to maintain fair and free competition”.

    Tell that to the nations who continually BEG the U.S. Government year after year to grant them a free trade agreement for some parity across the borders. And tell that to the farmers and producers of the world who cannot compete with the United States and other countries who subsidize their industries. For example, the U.S. direct government payments to U.S. farmers is projected to be $12.6 billion in 2009. That makes it hard for the rest of the world to compete. Let the FTC take a look at THAT and see how “fair and free” the competition is!

    The internet is the Wild West of the 21st century. There will always be modern ’snake oil’ sellers. Let the BUYER BEWARE.

  50. James "The Hater" said

    am October 6 2009 @ 7:40 pm

    Wow Frank,

    Great information that you put out and Thanks for giving heads up on use some test testimonial. I would not use the great ones just because everyone thinks you are over hyping your product. I look forward for more information soon.

  51. ECS Dave said

    am October 6 2009 @ 7:41 pm

    Simple enough…

    You lie, you get into trouble. Most folks were taught this by their loving and law-abiding parents when they were growing up. Some of those same folks appear to have forgotten what they were taught, and have slipped over to the “other side”.

    On the other hand, if you strive to be honest and provide the greatest value you can, as you do Frank (and many others, as well), then as mentioned, the “playing field” will certainly become less crowded, as the less than ethical marketers leave it.

    Be Well!
    ECS Dave

  52. Christian said

    am October 6 2009 @ 7:46 pm

    Good stuff man…best review of this new crap-ola law I’ve seen, and a much needed one at that. I agree that competition drops at a time like this, which is always fun. I saw it happen when the do-not-call lists happened. Ha. Salespeople thought it was time to throw in the towel. Me and other people came in and cleaned up. There is ALWAYS cash to be made, and there is ALWAYS opportunity…but sometimes you gotta actually know what you’re doing. DON’T GET HOSED…it’s time to throw in the towel everyone! Uncle Sam has finally screwed us all. *wink*

  53. Joe said

    am October 6 2009 @ 7:47 pm

    Listen to Frank!

    He knows what he is talking about. He once went through the hell with the FTC and get back on his feet.

    Be grateful and take precaution.

  54. Kieren said

    am October 6 2009 @ 7:48 pm

    What an awesome post Frank! very informative, to the point and highly entertaining/funny :)

    My favorite insight was your dumbed-down yet powerful marketing wisdom of “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier”

    ..It solves a lot of problems when you just adhere to these simple guidelines!

    Thanks heaps for your invaluable input Frank.

    -Kieren

  55. Glen Cumbie said

    am October 6 2009 @ 7:50 pm

    Thanks for breaking it down. That was “freakin” great. Finally something I almost totally understand about the law. Appreciate it..

  56. Nick said

    am October 6 2009 @ 7:52 pm

    Hi Frank,

    Thank you for informing us, and yes you don’t need testimonials when you have a good product to sell and a loyal people on your list, I complete agree with you.

    As always, take care enjoy your day.

    Nick

  57. Faye said

    am October 6 2009 @ 7:54 pm

    Thanks for the non-legal advice, Frank! You’re the best!
    I really appreciate all you share with us “masses” who just love the control…

    Of course the government loves to be the one to do the controlling — Be very cautious, they might think you’re in competition with them. And, as we all know, the government HATES competition.

    All the best,
    Faye

  58. Loralyn Tate said

    am October 6 2009 @ 7:55 pm

    Hello,

    Thank you for this information. This is one I will definetly pass along.

    Loralyn

  59. Ricardo Weatherly said

    am October 6 2009 @ 7:55 pm

    Hey Frank,
    Excellent Blog Post, Thanks For Looking Out for the little guys. Your content is always over the top, life changing advice.

    Ricardo

  60. susannajade said

    am October 6 2009 @ 7:57 pm

    you are a wizard my internet marketing friend. so transparent yet calculating, so true yet manipulative, so original in your approach and totally committed to the process. This is valuable information, as always, and I appreciate your sincerity.
    I haven’t made my fortune online, yet - but I feel the time is coming, soon.

    Thanks for all you do and who you are.

    susannajade

  61. Kat said

    am October 6 2009 @ 7:59 pm

    Gotta love the humor. It makes taking the advice all the easier.

    Thanks Frank!

  62. Jason Parker said

    am October 6 2009 @ 7:59 pm

    Thanks for giving some advice on how to handle this thing Frank.

    I think I’m just going to delete all results-specific testimonials.

    I think you’d normally have to be dumb as a brick to do that, but I just want to make sure I’m complying.

    I’m sticking in the game with less competition (cool)… just going to do whatever I have to do to comply.

  63. Brett T. Smith said

    am October 6 2009 @ 8:00 pm

    Hey Frank,

    Thanks a bunch for taking time to make the post!

    I downloaded the FTC PDF doc and it is 81 pages of legal stuff.

    Thanks for clearing up a lot of what I was not sure about.

    Take Care,
    ~Brett

  64. Jonny Andrews said

    am October 6 2009 @ 8:00 pm

    Yup. Great post there doc. I especially enjoyed
    your tangent in San Diego where you broke down what
    sort of situation the “average person” inflicting on
    themselves.

    Just did a video called “Making Money Online Is Illegal”.
    Same sort of thing.

    Long time reader first time commenter ;)

    Oh, and Frank… I actually used ALL of Mass Control.

    Toodles,

    Jonny

  65. the stupid it burns said

    am October 6 2009 @ 8:03 pm

    “now we need to see some enforcement.”

    Yep, letting the government come in and fuck it up for everybody is just what we need, cuz, like, they have such an excellent track record to date.

  66. Cathy (proudly atypical) Perkins said

    am October 6 2009 @ 8:03 pm

    Guess I’m not typical - and I think that is a good thing. I use very few testimonials (mainly ones where people say I’m better than sliced bread!) and I don’t believe the gushy, over the top, typical testimonials I see EVERYWHERE.

    Thanks for affirming that I am on the right track. I give away a LOT of stuff and sell stuff on its merits and my track record - not on someone gushing on a video about how they made a gazillion dollars 3 minutes after they met me!!

    Keep up the GREAT work.

    Cathy Perkins
    The WordPress Wizard

  67. John said

    am October 6 2009 @ 8:04 pm

    Great post. I think there would be alot of people who would buy legal info courses from your attorneys designed for IMers. Disclosures etc… I would.

  68. Long said

    am October 6 2009 @ 8:05 pm

    Thanks much for the information…

    - Long

  69. Dave Jensen said

    am October 6 2009 @ 8:05 pm

    Thanks for the update Frank, I guess it is time to edit my testimonial pages on my various websites. I wish the government would just stay out of peoples lives as much as possible…

  70. Albert Hallado said

    am October 6 2009 @ 8:07 pm

    Hi Frank,

    AMEN! to that Sir! great post and very clear Frank!

    Thank you’

    Albert Hallado

  71. Lynda said

    am October 6 2009 @ 8:09 pm

    I’ve been consulting in ethical online marketing for some time now. I agree with everything Frank said, and I also see why the FTC needed to go this far. If you can’t be fair and honest in the way you advertise than you just don’t need to be in business. The goal is to make money by providing something of value. I wouldn’t buy anything if I heard a women lost 950 pounds, actually that would send alarm bells off in my head.

  72. FTC Internet Marketing Regulations Shake Things Up a Bit... | My Big Fat List said

    am October 6 2009 @ 8:13 pm

    […] a pretty decent job of summarizing what the FTC has cooked up for Internet marketers. Check it out. FTC Declares Shenanigans On All Kinds Of Stuff! Share and […]

  73. Diane Hochman said

    am October 6 2009 @ 8:14 pm

    All I have to say is

    LET THE GOOD TIMES ROLL!

    This makes me VERY happy.

  74. Roderick said

    am October 6 2009 @ 8:15 pm

    Franks, thanks for taking a leadership role in clarifying the FTC’s ruling. You nailed it and made it easily digestible…as you always do.

    Thanks…

  75. Pierre Gelinas said

    am October 6 2009 @ 8:15 pm

    Wow! Thanks a lot, Frank! I bought a Testimonials software a while ago…Now I wont dare use it… :0)

    Another good bit of advice from you! I agree with your comments.. Appreciate you giving us a heads up.

    Pierre

  76. Terry said

    am October 6 2009 @ 8:15 pm

    Thanks Frank.

    When you email arrived I was just reading a post from my Google News start page and scratching my head trying to figure this out.

    Never been big on testimonials for my products, BUT have many on products I bought with resell rights. Now I wonder what to do with those?

    That is the big question that many of us should start finding out right now! Are we responsible since many of us have our names on the sales pages? Oh boy, I need a drink!

    Thanks again Frank.

    Terry

  77. FTC said

    am October 6 2009 @ 8:16 pm

    Not funny. Right, that’s it. We’re coming round your joint and taking all your boards.

    Honest!

    So there.

  78. Kim Klaver said

    am October 6 2009 @ 8:18 pm

    Delighted to see you quite those big income testies. Giving good stuff away has worked in the past, although adding the continuity is losing its luster for me, anyway. Good simple advice is something you do really do well.

    The new testimonial regs will apply big time to MLM too.

    P.S. Hope you don’t mind, but I couldn’t resist doing a Cartman post and using you last night. http://bit.ly/VsIQH

  79. Gene Waxman said

    am October 6 2009 @ 8:19 pm

    As always, you have once again helped our community and provided extraorinarily helpful advice - and in the most timely manner. Your genius and ‘cut to the chase’ approach inspire me and thousands of others while steering us in the direction of our goals (and keeping it simple but funny). Thanks for everything you do, Frank!

  80. Bill said

    am October 6 2009 @ 8:20 pm

    Thanks Frank,

    This is just another step toward the government controlling everything we do or say.

    Damn I’m getting tired of it!

    Yeah, I don’t like fake stuff either, but whatever happened to self-regulation and just busting those who are heinous?

    The tax code is thousands of pages and nearly impossible to comprehend and soon the FTC will achieve that with the Internet…at least I think that is their goal so they can “regulate it better” and tax us more.

    It’s a grand conspiracy for sure! ; - )

    Thanks for all Frank!

    Bill

  81. Leigha Baer said

    am October 6 2009 @ 8:21 pm

    There you go again being the “GoTo Man” for news such as this. Thanks for putting into terms that clarify a lot of questions. I agree that it will clear the road for those of us on the level.

  82. Rex Turner said

    am October 6 2009 @ 8:22 pm

    But dang it! Those CDs and DVDs I have been buying make really GREAT coasters. What am I supposed to do now? Deny it?

    Anyway… entertaining as always with a dose of reality hidden in plain site.

    Thanks,
    Rex

  83. Dan Hellman said

    am October 6 2009 @ 8:22 pm

    Frank,

    Great post. One question -

    The FTC guidelines reads

    “Therefore, unless the advertiser possesses and relies upon adequate substantiation for this representation, the advertisement should either clearly and conspicuously disclose what the generally expected performance would be in the depicted circumstances or clearly and conspicuously disclose the limited applicability of the endorser’s experience to what consumers may generally expect to achieve. ”

    Note the last part of the sentence after the “or”. It appears that a clear and conspicuous disclosure of the limited applicability of the endorsement will be allowed. The question is - what does that disclaimer look like? Once the FTC gives more guidance or rules on a disclaimer that is acceptable, then you may see many marketers copy that type of disclaimer and use these testimonials without fear of an FTC lawsuit. But until then…

  84. Malcolm Patten said

    am October 6 2009 @ 8:22 pm

    The FTC are after snake oil salesmen?

    We love snake oil!

    Sounds like too many people with too little to do turning in on the people who pay them.

    This is America? I don’t believe it. Land of the free?

    However, some of the comment here restores my faith in Americans. Now, what SHALL I do with my (Parked) domain size14to4.com I wonder…

    Warmly,

    Malcolm
    United Kingdom

  85. Mel Smith said

    am October 6 2009 @ 8:22 pm

    It is too bad the FDA is allowed to let Big Pharma get away with many hyped up uses for some of their Chemical drugs, and they hide the negative results of some of their studies and trials. Then it takes years and many deaths of patients before the FDA bans the products or makes the Drug companies place a warning on the product.
    Even when those drugs kill many people and a natural product that may cause a serious problem with one person because that person over dosed on it. The FDA then bans the sale of that natural product in America, even when it will benefit thousands of people, that use it as directed.

    The example is about Vioxx as the drug, and Ephedra as the natural product. The FTC allows Big Pharma to advertise on TV about prescription drugs with horrible side effects and lets them convince people that they must ask there doctor if it is the right drug for them, but you can’t say things that natural products will cure, as they will stop you from saying that. Like Cherries. The cherry farmers made claims about the great health benefits cherries will do for you, and the FTC or the FDA made them stop advertising those benefits.

    What our Government departments do, is let Corporations get away with what ever they want to do, and stop anyone else that may say a natural product will heal or cure a disease.

    Nature provided us with every thing we need to be healthy.
    And yet I have found out after having colon cancer that it was all the chemicals in the food that caused it and now I am not sick anymore after changing my food to all natural organic, and don’t ingest any chemicals anymore. That simple.
    It is because Big Pharma has bought our government and our elected politicians, thats why we don’t have a public health care system.

  86. william said

    am October 6 2009 @ 8:23 pm

    Testimonials are highly over rated (unless you use your parents or something odd like that)as are business cards since as we all know as great marketers…

    WORD OF MOUTH slays it every time.

    Just give them what they want.

    Nuff said.

  87. Chris Brisson said

    am October 6 2009 @ 8:24 pm

    Wow… thanks for bringing that to light. Obviously there’s a reason you wrote this. I’ll definitely have to add that to my sites.

    Obama is making some big changes, friend of mine just got hammered for tax evasion back when he was 18. Yea, 18. Stupid stuff, but comply or die.

    Thanks man…

    Chris

  88. Rick Berg said

    am October 6 2009 @ 8:25 pm

    Good shit Kern! thanks for sharing the details from your lawyer!

    Rick

  89. FTC Drops the Banhammer on Undisclosed Reviews | Infusionsoft Blog said

    am October 6 2009 @ 8:25 pm

    […] marketer, Frank Kern, goes into the impact among Internet Marketers on his blog post titled, New FTC Thing Is A Bigger Deal Than You Might Think. It’s a good read and should help guide you into the chilling effects of this legislation (and […]

  90. Deb DiBiasie said

    am October 6 2009 @ 8:27 pm

    Frank, your use of layman’s’ terms are so dammed eloquent! The advice about not screwing with the FTC was wise! Rock on bro! keep delivering the good stuff.

    Deb DiBisie
    Boston

  91. robert said

    am October 6 2009 @ 8:27 pm

    And your personal experience with the FTC does add some credibility.

    Perhaps YOU could ask the FTC for a testimonial to place on this post?

    Your right..

    I should have watched Family Guy and I PISSED that I didn’t lose 950 pounds by reading this!

    P.S. - Your style of communication rocks! I can’t help but laugh every freaking time.

  92. Dan Hellman said

    am October 6 2009 @ 8:28 pm

    One other thing -

    So many headlines start off with “DISCOVER HOW A 24 YEAR OLD NEWBIE WENT FROM MAKING JACK SQUAT TO BEING A BILLIONAIRE IN 24 HOURS AND HOW YOU CAN TOO”

    Can we assume that these headlines are going away with this FTC ruling?

  93. Bill Whetstone said

    am October 6 2009 @ 8:28 pm

    Frank,

    as usual, you are the Mahn…As per this FTC hysteria, can You say, “Y2K?”
    I would love for the feds to clean up the stench on the web, but we All know that our intrepid watchdogs will only stormtrooper Shirley’s home cleaning tips. They will continue to send tarp money to the greatest testimonial shysters on the planet.
    The revolution will not be televised….

  94. jd said

    am October 6 2009 @ 8:29 pm

    You are the man! You should sell a service to people who need legal-ease interpreted!
    thanks for saving me the braindamage of looking into this on my own.
    JD

  95. mark said

    am October 6 2009 @ 8:30 pm

    No testimonials.Sounds easy man.Just help people with a value related
    product or service.

    Logical and sound advice Frank.

    Peace and good surfing to you.

    Mark G

  96. jody said

    am October 6 2009 @ 8:30 pm

    Without you Frank there would be a lot of screwed people out there.

    Thanks for being our eyes and ears!

    J

  97. Carl White said

    am October 6 2009 @ 8:30 pm

    Yeah, yeah, whatever….
    The real question is…

    How’s the surf in La Jolla?

    We are getting ready to start a video series entitled:
    In Search Of Frank….

    Be looking for it.

  98. Clay Franklin said

    am October 6 2009 @ 8:34 pm

    Thank you Frank!

    I will continue to follow your lead on giving away great content.
    (like you did with this blog post)
    Thanks again for the email about this post and taking the time to write it and share it with me.

    Clay

  99. Ken Walker said

    am October 6 2009 @ 8:39 pm

    I think nowadays testimonials are almost ignored by most people. I know I never believe a word of testimonial on an IM site.

    I’ve been kicking around an idea of starting a testimonial verification service and charging IMers to have a seal on their site. :)

    I think all the testimonials I use (which are real) fall into the ‘OK to use’ category - “I love your product.” etc… I guess however, that wouldn’t need the “Results are not typical.” since most of my customers love my product, right? LOL

  100. Gabriella said

    am October 6 2009 @ 8:44 pm

    The day the FTC can implement this without any hitches is the day I will see pigs fly! Absolutely unmanageable. Someone posted about this on another blog had to share “The FTC is going to chase down some waitress who posts something nice about her restaurant without ‘clear and conspicuous’ disclosure. And how is Paris Hilton going to list all of her free swag in 140 characters? FTC, pah-leeze.” Couldn’t really say it any better. FTC you Fail on all counts!

  101. Jay NaPier said

    am October 6 2009 @ 8:45 pm

    Great shit Frank!! Thanks for looking out for your clients and customers.

    Jay NaPier

  102. Rick Berg said

    am October 6 2009 @ 8:45 pm

    As always, good shit Kern! Thanks for sharing the details from your lawyer! It’s discouraging to read that some people want to just make this into a “just tell the truth and all will be fine”.. this isn’t about lying or telling the truth, this is about the potential perception of of what the FTC thinks about your product or offer and the results they can bring.. This is total horseshit and obviously very subjective.. these types of rules are so broad and far reaching, the FTC can come pull down your panties and give you the ol’ latex glove treatment for just about anything you say or do to promote your product or services. So even if you do the right thing and put up proper testimonials and go as far as having signed affidavits on file for every testimonial, you can’t share these great results with your prospective customers in a powerful way. As we all know, social proof is a big part of marketing and with watered down testimonials like “I like Frank Kern, buy his shit”, you totally change the efficacy of most ad copy. To me, this seems like the FTC is just throwing out the baby with the bathwater when it comes to marketing and sales regulation.. what a shame!

    Rick

  103. Suzanne said

    am October 6 2009 @ 8:47 pm

    You Rock Frank!

    If you enjoyed reading this COMMENT, your results are not typical. The average reader usually says to himself, “Shit… what kind of lame ass COMMENT was that.” Absolutely nothing in this COMMENT should be considered legal or professional advice. Seek the care and advice of Frank Kern, he has a big time attorney to keep us all out of trouble.

  104. Adelaide DJ said

    am October 6 2009 @ 8:49 pm

    i’m glad i decided to focus on list building and not create any fake review sites lol twitter(at)locspoc

  105. Kimberly said

    am October 6 2009 @ 8:52 pm

    I am SOOO thankful that you posted this, my boyfriend noticed this headline in “The Wall Street Journal” today. I started to freak, then did some research. Thank you for the heads up.

  106. Don Schnure said

    am October 6 2009 @ 8:53 pm

    Frank you are SO on the money with this one. I’ve already seen several sites trying to “game” the ruling. Frankly I’ve never been impressed when a marketer shows screen shots from his CB account or big dollar checks. That just smacks of BS. Anyone with half a brain has to know that the markerter isn’t going to really show specifically how they made that money. To do so would be killng the golden goose. Many times you’ll see fake testimonials on earn in ome type sites and I think these are what the FTC is / was targeting.

    People listen to Frank on this one. He KNOWS how the FTC can screw with you even when you are doing everything above board.

  107. Mike Lennox said

    am October 6 2009 @ 8:53 pm

    Hey Frank,

    Great post as usual. Thanks for giving us the scoop on the FTC.

  108. Elliot K said

    am October 6 2009 @ 8:54 pm

    hey, Frank,

    spot on, dude. FTC, as you know, is a very onerous agency that reads and interprets its rules and regs with very broad brush strokes. the idea is to roll over some easy targets to make their point and point everyone in the space on notice. it’s a “no win” even if you’re fortunate enough to win because of the time, resources and money it takes to vigorously defend oneself when the FTC hits you with a Complaint, often accompanied by a “ex parte” asset freeze order if the case warrants such an action.

    so, ppl, listen to Kern. transparency and proper disclosure is a good thing, embrace it. deception to make a few bucks will just show you to be dumb.

    the one concern to watch in the future will be when one of the more aggressive FTC staff attorneys makes up and broadens his own definition of a “blog” as it relates to testimonials and results posted on the Internet in a complaint they may choose to bring. trust me, the Courts and judges don’t know, they’ll just read what the government has said, accept it as fact, and the “defendant” will be forced to litigate, or settle after the FTC gets its pound of flesh. this is not where you want to find yourself. COMPLY!

    good post, Frank.

  109. Kimberly said

    am October 6 2009 @ 8:55 pm

    Hi Frank,

    As usual you hit the proverbial nail on the head! I hate reading all those testimonials and found most of them somewhat over the top anyway. The sites I buy from sold me BEFORE the “sales page” because I dug their CONTENT! That’s where the real proof is… how much REALLY GOOD CONTENT they provide before they try to sell me. If THAT works, then usually the product is worth the price of admission.

    Appreciate you sharing this info, Frank!
    ~Kimberly

  110. Schwarism said

    am October 6 2009 @ 8:56 pm

    Why complain here?

    Fire up your Google Sidewiki, take all your comments, and visit:

    http://www.ftc.gov/opa/2009/10/endortest.shtm

    - that’ll given ‘em something else to get fired up about.

  111. James said

    am October 6 2009 @ 8:57 pm

    But what about: A “Light” Case Study To Start Things Off
    Mass Control Student Does $10,000.00 In Nine Days…

    Does that (your blog post) not make income claims that would come under FTC scrutiny?

  112. Brian Kelly said

    am October 6 2009 @ 8:57 pm

    Excellent commentary Frank. Although it is sad that more and more restrictions are being levied on the last great free-enterprise system (the internet), it could actually result in weeding out those less scrupulous online marketers.

    P.S. If this comment was deemed worthy and you agreed with it … please know that your results are *not* typical, and results may vary.

  113. Full Disclosure Actually Improves Conversion Rates! | Infinite Bounty said

    am October 6 2009 @ 8:58 pm

    […] King of this kind of thing, I find, is Frank Kern (who recently provided a lengthy examination of the FTC ruling on testimonials). […]

  114. Savon Pools said

    am October 6 2009 @ 8:59 pm

    Who gave the FTC control of the WORLD WIDE WEB ??
    Do I need to change all of my URLs to ftc.mywebsite.com ?

    Something else to wodner about is sending your visitors to
    an affiliate sales page that has testimonals on it ???

    Maybe we should all submitt our websites to the FTC for approval
    prior to publishing ??

  115. 361314 said

    am October 6 2009 @ 9:01 pm

    ——————————————————————————–

    Hello, Paul

    H I, GOOD DAY, I WILL LIKE TO TAKE LOOK AT BUSINES THANK YOU

    A Joint Venture Group $195.00 USD (one time enrolment)
    May enrol Assocates and sell JVG products and services. (Costs/auto-ship paid from profits)
    B: JVG+3 (fast track option) $256.60 USD (One time enrolment in Prosperity, Global Communications Team Resources & Trump Network).
    This choice has the distrinct advantage of starting your new business already enrolled in four of JVG`s seven companies. This step is often referred to as the JVG-4 company strategy. Auto ship payments will normally be deducted from commisions.

    http://www.jointventuregroupinc.com/websiteassoc/fcalvind

    TUESDAY
    12:55pm EDT, 11:55am CDT, 10:55am MDT 9:55am PDT

    9.35 pm E time

    THURSDAY
    12:55pm EDT, 11:55am CDT, 10:55am MDT 9:55am PDT
    9.35 pm E time
    SATURDAY
    12:55pm EDT, 11:55am CDT, 10:55am MDT 9:55am PDT
    9.35 pm E time
    Tele-cast please call: 1 646 519 5860 Pin 1943#

    Canadian Call in # 647.724.4125 PIN 671 449 020 #
    USA Call in # 323-417-4600 PIN 671 449 020 #

  116. Jared said

    am October 6 2009 @ 9:03 pm

    Mahalo, Frank.

    Dan Hellman makes for a good question. The answer as I read it is provide more value and it won’t matter anyways. There are plenty of instances in marketing and writing good copy where that kind of tagline isn’t necessary.

    Mahalo nui loa, e makena kakou!

    Jared

  117. Ben Brentlinger said

    am October 6 2009 @ 9:05 pm

    good stuff, frank, I love your attitude, just give your customers your absolute best stuff on the front end for free and they’ll be eager to buy your paid products. In fact, price won’t even be an issue if you over deliver on the free stuff.

  118. FTC Guidelines and Internet Marketing said

    am October 6 2009 @ 9:05 pm

    […] Click Here for Mass Control Original Post […]

  119. Captain Rob said

    am October 6 2009 @ 9:06 pm

    Ahoy Frank,

    Frickin’ Government!! Geesh. Don’t those people have anything better to do than screw around with honest hard-workin’ folks?

    Don’t answer that question!! Harharhar…

    Rob

  120. Andrew said

    am October 6 2009 @ 9:06 pm

    Hi Frank,
    thanks for providing such a valuable insight, and you are of course 100% correct. It is refreshing to see that there are genuine people out there like yourself, who provide valuable content and as a result make a buck ethically.

    Will most certainly look into it further, although that being said, not sure how it will effect me in Australia, perhaps it is merely a matter of time.

    Andrew

  121. Allan said

    am October 6 2009 @ 9:11 pm

    Nicely done, Frank. I *always* get a bit uncomfortable anyway when I hear (or see) someone go on and on about how exceptional a product is.

    Let the marketer “stack the cool” enough to make the sale. And let the customer enjoy the purchase.

  122. Swans said

    am October 6 2009 @ 9:11 pm

    Ah the government idiots!

    Well, now are they going to have disclaimers for politicians too?

    Because, as we know, when it comes to lying, no one beats the politicians—.

    I think that most of the time the government should stay out of the way, especially when they’re unable or unwilling to protect society against rip-off masters like Madoff.

    And I think that since it’s all about lobbying and stuff, then maybe it’s timet that small business owners unite and start lobbying too.

    Yes, some Internet marketers give Internet marketing a bad name. But then now it’s the Internet age, where consumers talk and complain about bad marketers.

    So if the FTC is going to enforce this rule, does that mean that Amazon is going to have to get rid of all the reviews.

    Because after all, the reviews on Amazon are “testimonials” or are they just reviews because Amazon is a big player, and the law only applies to small entrepreneurs.

    But again, I think that as long as the entrepreneurs just say” Well, we’ll live with that and just comply” then the idiots who run government, who have no clue how the market work, who have no clue about how the economy works, will just sit around and put out “non-sense” laws.

    Again, if this new law is for real, then I need to see all the comments (especially the positive reviews on Amazon) banned and erased.

    On Amazon, I know one category: Radar detector, where some users actually praise their detectors and brag how many times they’ve been able to avoid speeding tickets because they had XYZ radar detector.

    Let’s find some real jobs for these government officials who live off the real people who do real work, and spend their time wondering “how can we screw the people who feed us?”

    Sincerely,
    Swans Paul

  123. Bill said

    am October 6 2009 @ 9:14 pm

    Does this mean we shouldn’t say something like, Patsies results aren’t typical, most people grow up to be worthless idiots who go work for government agencies and eat our wealth in tax dollars?

    ROFLMAO

  124. Jody said

    am October 6 2009 @ 9:17 pm

    Thanks for the AWESOME heads up Frank. Thanks for all you do!

  125. thomas said

    am October 6 2009 @ 9:18 pm

    Are these comments typical? Is this what I can expect from one of your posts?

  126. Judy Browning said

    am October 6 2009 @ 9:20 pm

    Frank,

    Thank you for taking what could be a very complicated and tricky issue and making it crystal clear!

  127. Don said

    am October 6 2009 @ 9:20 pm

    Thanks Frank. I really appreciate you taking the time to digest and pass along this (expensive) information so that we won’t get into trouble.

  128. David King said

    am October 6 2009 @ 9:25 pm

    Hmm…. FTC.

    Is that a private corporation like the IRS?

    interesting.

    Thanks for sharing frank.

    David

  129. Candace said

    am October 6 2009 @ 9:27 pm

    Wait… Frank.. is your membership site hosted on a blogsite :)..

    As always, right on spot my dear sir. Hey, didnt the FTC already get you once.. I need to find that story again.

    Candace

  130. Rach said

    am October 6 2009 @ 9:27 pm

    hi Frank, thanks for this (results not typical - not everyone thanks Frank) - I feel like a real marketer now - cose i aint going anywhere! (although results are not typical and many are just not as tenancious as me), thanks so much for the free advice that likely cost you an arm and a leg to get (again results not typical, some lawyers only require your left foot)………
    its like that isn’t it? haha
    onwards!
    rach

  131. Tom Lyons said

    am October 6 2009 @ 9:28 pm

    Shit I should have watched family guy or something!

    Thanks Frank, great info!

  132. Graeme said

    am October 6 2009 @ 9:31 pm

    Hi Frank,

    Thanks for the clear explanation. It beats why these “arm-pit” law makers have to be so negative. At the end of the day these reg’s just seem to make things tougher for the honest ones out there.

    Thanks again.

    Graeme.

  133. Kang said

    am October 6 2009 @ 9:33 pm

    “COMPLY, BY GOD!!”

    “Don’t waste your time. You don’t “get around” the FTC. If you’re worried that a certain testimonial will get you in trouble, don’t use it.”

    That’s like the most succinct and lethal and straightforward piece of useful advice ever.

    Awesome post Frank!

  134. Shawn Chiang said

    am October 6 2009 @ 9:33 pm

    Your are absolutely correct!
    Stay firm if you know what you are doing.
    Give more and take less from your customers.
    Customer is the king!
    Cheers,
    Shawn Chiang

  135. Jason Katzenback said

    am October 6 2009 @ 9:35 pm

    Freaking FTC scares the hell out of me. In all honesty i am not much of a fan of testimonials but its kind a hard to get the ole mind around not using them… hmmm… something to think on anyway. Thanks Frank, great info!

  136. Charlie said

    am October 6 2009 @ 9:36 pm

    Hey Frank,
    How about dropping the price of Mass Control for the little broke, unemployed bastards like me? Come on dude! do a special or some shit! That sucks, every time you launched this I was broke and now even more. Google loves to fuck with me, then again it doesn’t help that I’m idiot, but hey I’ve been at this for the last year and half, and still here trying my ass off…

    Aight.. whatever I just felt like ranting. The FTC are a bunch of Nazis, thank God i don’t use testimonials for anything.

    Late.
    Charlie.

  137. Christine Hoeflich said

    am October 6 2009 @ 9:38 pm

    Does this ruling apply to the pharmaceutical industry also? Now THAT would be interesting!

  138. JR Griggs said

    am October 6 2009 @ 9:38 pm

    Yeah as far as the disclosure thing it just makes sense to disclose when you are getting money for something. I created a disclosure page for general items and for specifics I will disclose in post or on page. Wrote a post about it on my blog. I don’t agree with the FTC but I don’t want phone calls from the government either. ;-)

  139. Cheyne Goulden said

    am October 6 2009 @ 9:38 pm

    Thanks Frank, great stuff.

  140. Adryenn Ashley said

    am October 6 2009 @ 9:39 pm

    I have always put this on any page I’m selling stuff:

    *OUR LAWYERS INSIST WE MAKE THE FOLLOWING DISCLAIMER: These results ARE NOT TYPICAL which is why no specific income claims are made. Some members may make little or no money at all with this program. Individual results will vary greatly and in accordance to your input, determination, hard work, and ability to follow directions.

    Sucks to have to say it, but most people who buy the programs leave them on the shelf collecting dust. I wonder if you did a focus group of 10 people, had them all DO the program, and shared their results if that would calm the FTC down?

    We live in such a nanny nation. Now the FTC wants to hold US responsible for the inaction of a buyer. How is that our issue?

  141. Nate Alexander said

    am October 6 2009 @ 9:41 pm

    Wow! You’re on top of this. I had just heard of this earlier today and then was planning to get around to it. I guess since I have a few blogs I should be up on this…though I’m not really using testimonials right now…but was about to employ some. Good news for me that I was going to be using more service oriented ones vs. gonzo results. Thanks Frank!

  142. Dwight said

    am October 6 2009 @ 9:42 pm

    This is why we need to get rid of the Democrats. Too much government interference.

  143. Rose Mis said

    am October 6 2009 @ 9:44 pm

    Frank…

    Thanks so much for sharing the good news…

    About time too…

    “If you deliver enough value BEFORE asking for the sale, you should be able to sell plenty of stuff forever.”

    There simply are NO guarantees for anything in this life except that everyone will die someday…testimonials are nice…but…they always talk about the results and not the process and the costs associated with getting those results…and those are as individual as we all are. Each result is typical of only one person…the person that got that specific result.

    If I get people to KNOW me..LIKE me…and TRUST me…I can HELP them…they get the results they are looking for…and they stick with me for a long time…The Triangle of Trust…

    Great info as usual Frank…Thanks

  144. nick said

    am October 6 2009 @ 9:48 pm

    Can anyone tell me if this affects Australian residents? I’ve never heard of the FTC. Are they very nasty people?

  145. Jerry Hancock said

    am October 6 2009 @ 9:49 pm

    FTC….I think these people are considered to be “gods”…with a lower case “g”.

  146. John Santangelo said

    am October 6 2009 @ 9:49 pm

    As always Frank, you make it palatable! thaks for this simple description!

    Blessings, John James Santangelo

  147. Susan said

    am October 6 2009 @ 9:49 pm

    I’m not selling anything yet.

  148. Donahue said

    am October 6 2009 @ 9:50 pm

    Hey Frank, lets go into business together. I have an idea where people pay us and submit testimonials, we run them past a lawyer and tell them if they are legal? Something like “Legal Testimonials”
    I have proof that it works: This guy just wrote me

    Dear Frank & Donahue, thank you so much for checking out my testimonials! You told me which ones worked and now I made $6,237.15 in just one week. Here’s a copy of my paypal account for last week…etc. etc. Thanks, Trey Haymaker from Seizure, Alabama.

    OK? Let me know Frank…we can clean up with this…

  149. nick said

    am October 6 2009 @ 9:51 pm

    Don’t you just hate that? I just read Andrew’s comment (Also From Australia) - hey Andrew, you must be the guy across the park (we all know each other in OZ) Catch you later dude.

  150. Melody-Rose said

    am October 6 2009 @ 9:51 pm

    Lots of change agents are afoot in efforts to either control or tax Internet Marketing. Thanks for giving us the scoop, Frank!

  151. Jorge Luis said

    am October 6 2009 @ 9:52 pm

    Thanks for the hiper-clear explanation! Something else to consider before publishing a sales letter!

  152. Dr. Chris Bowman said

    am October 6 2009 @ 9:53 pm

    Frank, this is HUGE! I’ve been using testimonials in my dental marketing for years, and I’ve coached dentists to do the same. Totally agree that the best path is to comply. However…there’s one more question for your attorney. If we’re required to state the “actual, average results”, can we report average results of USERS of our products/services (those who follow the recommended directions and actually DO something)…or do we have to list average results of BUYERS (many who never comply, or never use what they buy)?
    Example: Jenna’s teeth got 10 shades whiter! Average results for those who use the product as directed are 3-5 shades whiter. OR Jenna’s teeth got 10 shades whiter! Average whitening buyer doesn’t stick with it and is not using the product as directed, and thus their teeth don’t get more than 1-2 shades whiter if that because they are lazy morons that don’t floss either!
    All my best,
    Chris
    Dr. Chris Bowman

  153. Steve Steiner said

    am October 6 2009 @ 9:55 pm

    Frank,
    Thanks for the explanation. I read an article about this in the paper this morning and it totally missed the discussion you had on “results not typical”. I have yet to use any testimonials, and after reading this I probably won’t, OR I will ask them to avoid using results and just say they liked the product or what a great guy I am or whatever. Wait a minute; if one person said I was a great guy, would I have to say out of x testimonials, one thinks I’m a great guy?
    Where oh where does it end? Ol’ Willy (Shakespeare) was RIGHT! We all know the line I’m referring to; the Eagle used it in one of their songs. In today’s world, I am hesitant to even type the words; someone would misconstrue them as a threat for sure and then I would be in trouble, and you would be in trouble for letting me post them here.

  154. Bob Cochrane said

    am October 6 2009 @ 9:59 pm

    Thanks for the great information. I’m just getting started in the info business and I want to stay on the straight and narrow with all of the “powers-to-be!”

  155. John said

    am October 6 2009 @ 10:00 pm

    Why don’t we all just recognize these FCC actions for what they are… anti-advertising/marketing regulations. Which really means anti-business. And in case you haven’t realized it yet, these FCC actions don’t just affect the narrow interests of bloggers/online marketing and related areas.

    They affect every business in the U.S.

    I am really surprised at how many commentators here and elsewhere (who are Americans) who are ready and willing to just roll over because the FCC (or another government agency) says “boo.”

    When someone says “jump,” do you ask “How high?”

    I am really, really surprised at the lack of indignation. My God, what has become of this country? If they were alive, I am sure the Founding Fathers would be hanging their heads in shame.

    I could go on and on, but I think I would be wasting the effort.

  156. Steve Texter said

    am October 6 2009 @ 10:00 pm

    Don’t play around with the FTC Because you know what the FTC stands for…
    “They will F$%@ing Take Control”

    Great Advice…

    Expect more regulations over the next few years too..

    Everyone needs to check it or pull it down!

    :)

    Tex

  157. Joe Williams said

    am October 6 2009 @ 10:02 pm

    More change from the Obama administration. Not only does he steal “yes we can ” fro
    the kids show Bob the Builder (Can we build it? Yes we can!), he now decides to shred more of our free speech rights. How can the FTC seriously belive that previous dis laimers were not enough? Results not typical was clearly enough to warn anyone wth half a brain that any product’s results require some effort by the purchaser. More governmnet regulation and a further reduction of our liberties.

  158. Charles G. Horn said

    am October 6 2009 @ 10:04 pm

    Schools should be required to teach material by Cialdini, Sugarman, Hogan, Lakhani, Vitale, Maslow, and Kennedy. And then it wouldn’t be “caveat emptor”, it would be “seller beware”. Frank’s dead on… provide incredible value first, irresistable offers, and benefits and results that far outweigh price paid for.

  159. Kelley said

    am October 6 2009 @ 10:04 pm

    Sorry, but this FTC regulation is a bridge too far! Instead of the government having to prove there is a lie on a website, the gov’t has preemptively set up an impossible standard with the assumption that the website is lying.

    There is NO company that can afford to track every customer to find out how they are doing. Plus, the customer has NO obligation to reveal how good they are doing with what they have purchased.

    This is an outrageous curtailment of our rights to operate freely.

    For years, the FTC would not allow truthful claims about nutritional supplements. But recently a company finally stood up to them and won! This new rule is even more onerous that the one that was struck down, but is an obvious attempt to reinstate the rule they were just defeated on simply by rewording the regulation.

    BTW, those of you who think testimonials aren’t important. Watch how your sales drop.

    I love testimonials. If you don’t think your customers consider them to be important, you’re going to be in for a rude awakening.

    But regardless of our feelings about testimonials, the government has no business deciding what is acceptable on a sales page unless there is actual evidence of a crime or tort. Otherwise, this is a fishing expedition that allows pre-censorship BY THE FEDERAL GOVERNMENT that assumes wrongdoing. The only wrongdoing here is being perpetrated by the feds.

    If the feds want to enforce this law, it should be their responsibility to prove track all the customers. Let them ask each customer questions that violate their privacy and let the FTC see how far they get.

    Outrageous and illegal…that’s what that regulation is. Once again, it’s just a new tactic in an attempt to circumvent their recent defeat in court.

  160. Shawn Mahdavi said

    am October 6 2009 @ 10:04 pm

    I love you Frank!

  161. Brad St Croix said

    am October 6 2009 @ 10:05 pm

    So if you’re outside the US, but selling products to US customers, is there any way you can still be hosed?

  162. Thomas Bartke said

    am October 6 2009 @ 10:06 pm

    Good points Frank! If and when customers are happy, testimonials are what one can expect anyway!

    Cheers,
    Thomas

  163. James said

    am October 6 2009 @ 10:07 pm

    Hey Frank, thanks for the heads up. I spend so much time with my head so deep in this sh+t I can never keep up with this cr+p that keeps us safe. Keep it up big guy. jm

  164. TahitiPetey said

    am October 6 2009 @ 10:10 pm

    Thanks Frank,

    Always enjoy reading your down on the beach take of the hard realities we all must live by.

    Looking forward to you and the gang helping me launch my new social net, a cool non-profit site at tahitipetey.com to help heal our oceans.

    As a fellow California surfer from the late 70’s, it disgusts me to see how much the oceans have gone down hill over the past twenty years, and the amount of plastic we pump into them.

    Talk soon

    Petey

  165. Kelley said

    am October 6 2009 @ 10:13 pm

    As for the disclosure that you make a commission from the sale of a product, I have a rhetorical question:

    Does every ad in every newspaper, magazine, website, TV, radio have to carry this disclaimer? Of course not. So now we have the FTC determining private blog site content.

    It’s none of the effing business of the FTC what types of relationships the owner of the blog has with the products that are offered for sale. Customers have been reading ads for over 200 years and making purchases based in part on the ad. But now the FTC thinks it needs to warn readers regarding truthful statements in the ads??

    Benjamin Franklin, who ran ads for his Franklin stoves in his newspaper - a newspaper he owned - must be rolling over in his grave!

  166. Rich said

    am October 6 2009 @ 10:14 pm

    Dude!

    . . .Wait. . .

    What?

    Seriously,

    Thanks for that obfuscation er… clarification!

  167. ZenGlen said

    am October 6 2009 @ 10:17 pm

    There is something else that is important here folks. If you are an affiliate for any product, you need to disclose your relationship to the advertiser. This applies to your email messages as well as activity on social networks.

    See pages 14 & 38 of the FTC guidelines pdf:
    http://www.ftc.gov/opa/2009/10/endortest.shtm
    http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf

    On page 60+ there are specific examples.

    Page 22-23 refer to the part Frank talked about regarding use of testimonials.

    Stay sharp folks, this could be a win for you if you’re smart & honest.

  168. Internet Marketing ABC » Blog Archive » FTC Regulations For Affiliate Marketers said

    am October 6 2009 @ 10:18 pm

    […] I suggest you check out what Frank Kern has to say on the new FTC regulations. Tags: frank kern, FTCPosted in Affiliate Marketing | No Comments […]

  169. Solomon Huey said

    am October 6 2009 @ 10:19 pm

    seriously awesome advice Frank. You totally nailed it though, if your subscribers like you and you’ve built a reputation for quality, then either way you’ll do fine.

    Solomon Huey

  170. Vi Wickam said

    am October 6 2009 @ 10:23 pm

    Frank,

    That was well put. As someone who is definitely not a typical user, I must say that I didn’t make 42 million dollars in the last 5 minutes of reading your blog, nor did I stay at a holiday inn express.

    However, I do feel more educated on the issues of marketing and the FTC.

    Thank you for putting out useful information in a fun and entertaining manner.

    You can tell a heck of a story.

    Thanks again.
    Vi Wickam

  171. Tony Wanless said

    am October 6 2009 @ 10:23 pm

    I think we might want to distinguish between advertising and marketing here.

    Marketing is selling something by providing a clear value proposition: Advertising, a la many “internet marketers” is just screaming pitches.

    Too many online “marketers” are really just hyped up pitchmen. So if this ruling rids us of all those screamer sites then thank you FTC. Maybe now I can get some peace.

    And fun, like Frank’s article.

  172. Sasha Gilberg said

    am October 6 2009 @ 10:23 pm

    thanks for the heads up Frank. I wasn’t clear on this but now you’ve straightened everything out.

  173. Sean Louden said

    am October 6 2009 @ 10:25 pm

    I agree completely, when things get tough people just quite, more business for us!
    Thanks Frank, You’re the man!

    P.S.
    I grew up Surfing the North Shore of Maui as Professional Surfer, if you ever need a hook up there let me know. Tow in Surfing, secret spots the whole nine yads.
    Yes, I am kissing your ass, haha, no I’m not full of shit.

    Keep up the great work!
    Sean

  174. Susan Lassiter-Lyons said

    am October 6 2009 @ 10:25 pm

    Woo hoo. I finally get it. My eyes were glazing over the legalese. Thanks for breaking it down, Frank.

  175. Dave said

    am October 6 2009 @ 10:29 pm

    Love this post. Been waiting for someone to clear this up for me for a while. And I completely agree with what you said.

    Frank Kern is simply the man.

  176. Jerry said

    am October 6 2009 @ 10:31 pm

    Oh good! More government regulation and red tape.
    I guess, like you said Frank, it will thin out
    some of the competition that can’t and/or won’t
    comply. So, that’s a good thing!

  177. Juuso said

    am October 6 2009 @ 10:32 pm

    You should drop internet marketing and became a lawyer. Would be fun to read.

    Thanks for the post.

  178. Zachary Meiu said

    am October 6 2009 @ 10:37 pm

    The rules are tightening that’s all! We all had to see this coming, I’ve only been doing Internet Marketing since May and non of this surprises me at all. Kind of funny how they do this to I.M. but not to Mags, Newspapers, TV, Radio, or any of the other ad platforms in the market. I guess this goes to show that they are finally realizing that people go directly to their computers now when they want to be in the know.

    Thanks a ton of the info Frank, more great free content! Love your shit Frank, your content that is!

  179. Darren said

    am October 6 2009 @ 10:38 pm

    Hi Frank,

    thank you so much for the insight. You have a great way of explaining things.

    Kind regards & good health,

    Darren C.

  180. Mark So said

    am October 6 2009 @ 10:40 pm

    Great Job Frank!

    I’ve been selling Forex Products since 2008 which are regulated under the CFTC and NFA and their advertising rules are waaaay more serious than the FTC. First of if your head line is “Make Money…” with a 20 pt font, you have to have a disclaimer also with a 20pt font saying “FOREX TRADING IS RISKY” right beside it. Testimonials have to be backed by actual dollar for dollar results plus a very visible disclaimer as well, and a lot more restrictions that their lawyers will never tire of correcting / threatening you with every chance they get…

    All things considered,you’d think that there’s no way I can sell this with all these disclaimers, but the truth is, HONESTY SELLS More than glitz and glamor.

    True Marketing, whether Online or Offline is about trust, and trust is built by being upfront with the product that you sell!

    More success to All!
    -Mark

  181. Franco Gonzalez said

    am October 6 2009 @ 10:42 pm

    I LOVE this Frank…

    Been doing this stuff a long time and you know what?
    I’ve been immune to those stupid “over the top” testimonials
    anyway for A LONG TIME…

    And many others have been too… seems people just used
    them and kept making them even dumber because “gurus”
    told them to… lol

    This is not a big deal unless you were doing stuff
    that was shady anyway…

    Franco

  182. New FTC Regulations Re: Use Of Testimonials | WindUpWealthy said

    am October 6 2009 @ 10:42 pm

    […] To understand the new regs in more detail, and what they mean for online business, I highly recommend you take five minutes to check out Frank Kern’s new blog post. […]

  183. David Gruder said

    am October 6 2009 @ 10:43 pm

    I appreciate and agree with your perspective about this, Frank. In the end, it’s no big deal if you’re an ethical marketer to begin with. As an integrity and ethics expert I believe we all have an ethical responsibility to do full disclosure to potential purchasers when we make a profit from their purchase, whenever this is not explicitly clear to the consumer to begin with. And I agree that when we follow your marketing strategies, Frank, we don’t need to use testimonials about highly unusual outrageously amazing results.

    I believe our society has suffered for the past few decades from a devastatingly damaging formula that has contributed to manipulative marketing practices: lack of self-responsibility on the parts of consumers + lack of social responsibility on the parts of business people. This fatal combination creates an engraved invitation for government to intervene.

    I am not a fan of government intervention. Historically, government has by and large been persuaded to introduce these kinds of business regulations only after too many consumers have been treated in unethical or misleading ways by too many businesses. I view government regulation as a last resort when this is the only way to get people to engage in ethical business practices.

    This leads to the question I have been asking regarding this FTC ruling: Did the government introduce this new regulation before the affiliate marketing industry proved unable to police itself voluntarily, or did the government start regulating before such attempts proved insufficiently successful? (This issue has been rumbling around since 2006. BTW, this new regulation does not take effect until December 1, 2009 (unless uproar forces it to be delayed).

    Thanks as always for your cogent thinking, Frank,
    David Gruder

  184. Sandeep said

    am October 6 2009 @ 10:45 pm

    Thanks for posting most needed FTC Thing

  185. Rather not say. said

    am October 6 2009 @ 10:46 pm

    Sorry to be the negative guy in the bunch but this is going to KILL a lot of online sells for a lot of businesses. In fact I’m either going to be re-purposing one of my products that has sold online for 11 years or might just take the site down.

    Because saying “You might not get an results at all” is not a really great closing line. In fact I just sent and email out to all of my list telling the to buy it now becuase I might just take the site down. And there is no way to find out the typical results of 15,000 customers over the last 11 years.

    I already changed my copy and it has no impact when you make it follow all of these rules.

    Yes giving value up front is the way to to go but that does not work in all situation and with all products. This will hit the weight loss industry and supplement industry very hard.

    “Results Not Typical” is bad enough. Sorry but Copy writing 101 is testimonials that are specific. There is a huge difference between “I lost 9lbs in a two weeks” and “Hey Jacks a really great guy buy his products!”

    I just wonder how many other limitations there are. Can you still say “Make up to $10,000 a month!” Or do you have to change it to “You might make money or you might not! I did but you who knows!” Yeah that’s compelling!

    Funny thing how, were in this recession and yet let’s make some laws that make it harder to sell products. Oh yeah but forget about doing anything regarding our horrible health care and I’m not talking about if it’s free or not.

    “Doctors are the 3rd leading cause of death in this country” (google it it was put out by a medical journal) they offer no money back guarantee, and then go after people marking products…lol I think maybe drug companies should stop advertising also, why didn’t they through that in the bill?

    I’m sure there is a light at the end of the tunnel, it’s looking to me like becoming and Expat.

  186. Warren said

    am October 6 2009 @ 10:46 pm

    I (too) am not giving up when crap is thrown at me….. you know why I like you, though ? you play the dobro (very well)

  187. Steve Riff said

    am October 6 2009 @ 10:50 pm

    Pretty soon they’ll make Fox stop spinning the news. What’s the world coming to? Thanks for the facts Jack!

  188. Sarah Sky said

    am October 6 2009 @ 10:51 pm

    ‘testimonials are overrated anyway’ …ditto…

  189. Shawna said

    am October 6 2009 @ 10:53 pm

    Thank you Mr.Kern! Sweeter than a life saver!:)

  190. Bradley Will said

    am October 6 2009 @ 11:00 pm

    Thanks for the translation Frank. More value, less bullshit. understood.

  191. Volker Karl Knoeringer said

    am October 6 2009 @ 11:05 pm

    Hi Frank and reader,

    sounds like we’re moving a little bit on to 1984. Or are we beyond that date?

    Seriously, as the typical customer is taking in all the stuff from big pharma, all the junk on tv, and nothing of value with his food - in short is conditioned to get more sick and more stupid every minute - there has to be a federal protection of their purse. Really, imagine they would spend their measly wages on something that would bring them out of the downward spiral, then there would nothing be left for big pharma et al. and less in the future. This cannot happen.

    If we keep that in mind we’ll be less surprised and “hosed” by future Consumer Protection Schemes.

    Frank, thanks a lot for doing the work for us, speaking of turning adversity into a stepping stone.

    And thanks a lot for sharing your insights about the measurable value of testimonials. As you are an infusionsoft user and by watching your stuff it’s safe to assume that this is not an opinion but a thorougly tested fact.

    And also your advice on building your customer base with value is the sound way for the future. If someone has results from your product before he can get a hand on the product that’s the best testimonial he’ll ever get. Or do you think that if Patsy already lost 300 pounds because of your free advice she would think “Hehe, I keep my reminder of 650 pounds to save those bucks.”? And if she would then well, off with her to…

    Get lots done

    Karl

    PS: Remember this face c]:-)

  192. Rohan Bhansali said

    am October 6 2009 @ 11:06 pm

    Hey Frank,

    You are a master of communication. Truly.

    Rohan

  193. Doug said

    am October 6 2009 @ 11:11 pm

    I have to agree with Kelly, points very well made, and taken. The Benejamin Franklin example should really be enough to illustrate the point even to the most conservative, “patriotic” types.

    Free Enterprise is supposedly a foundational principal of this country. Imposing disclosure requirements on web based media that is more restrictive than other media is really just not fair, and certainly is not in the spirit of Free Enterprise.

    And what about all those late night infomercials selling thighmasters and tae-bo? Half the people in them are hired models and actresses…if they were required to provide testimonials, they would be blatantly false and certainly not “typical”, yet web businesses are forced not only to provide completely truthful testimonials (which I have no problem with) but we are now legally required to bear the responsibility of educating consumers as to what “typical” means, and whether they can expect to experience it?

    Much strangely weirdness is afoot here methinks. Definitely should be filed under “Shenanigans” with a captial “S”.

    Thanks for the heads up on this Mr. Kern.

  194. Terry Crosby said

    am October 6 2009 @ 11:17 pm

    As always, brilliantly explained while making me laugh. Continue being who your are.

  195. Al Henderson said

    am October 6 2009 @ 11:34 pm

    Now, if only they would apply the same rules to, say … Lawyer advertisements, and Pharmaceutical ads.

    Yeah … sure.

  196. Shameless Shamus said

    am October 6 2009 @ 11:35 pm

    Thanks for the Kern explanation of the new FTC rules Frank.

    I am wondering how this affects creating and using in depth customer interviews?

    Seems unfortunately that those likely will be treated as “testimonials” as well? I don’t want to stop using these as not only are they effective, but they provide value to the prospect because they are inspiring and show the prospect what they could accomplish if they get off their arse and do the work!

  197. katie panton said

    am October 6 2009 @ 11:37 pm

    Thank you for your always generous advice and help Frank- it’s this stuff that keeps people loyal to you xxx

  198. Esti Allina-Turnauer said

    am October 6 2009 @ 11:50 pm

    The FTC has really gone overboard - what? don’t they have anything better to do?
    I’m glad that the fake blog and review sites will get what’s coming to them, but really, come on!

    I much prefer your disclaimer at the end and “Kern-ese” over ‘legalese’!!!

    Well done.

    Esti

  199. Scott Myers said

    am October 6 2009 @ 11:53 pm

    That’s why I’ve only ever used testimonials like:

    “I just read your book and think it’s great!” - John P.

    Who looks stupid now?

  200. DeShon said

    am October 6 2009 @ 11:56 pm

    Thanks Frank!

    Glad you were able to put perspective to this stuff. I liked your line towards the end about building and nurturing an email list….I lost a lot of money going for the directly sell without a warm and fuzzy presale (free valuable stuff).

    Hey, tell Trey to give me on the email subject project.

    DC

  201. Nicholas said

    am October 7 2009 @ 12:01 am

    Your words reinforce the obvious: actions (giving away valuable content) speak
    louder than words (testimonials of whatever variety) - by laying the goundwork for long term income and avoiding the likely possibility of expensive legal fees. Many thanks.

  202. Glenn said

    am October 7 2009 @ 12:02 am

    Frank, your info and delivery are always - bar none - SuperCalaFragileLipstickExtraHalitosis. Thanks for lookin’ out for us. The sharing of info like this [which is so characteristic of you] makes you a friend to us all. Be assured that the info and you are much appreciated.

  203. Marshall Wayne said

    am October 7 2009 @ 12:03 am

    Frank, great post and thank you so much for clarifying. I’m not all that concerned about this. I’m actually happy about it. It’ll keep the legitimate folks in business and keep the rest out. That’s great in my book.

  204. Leslie Robert Wolfe said

    am October 7 2009 @ 12:13 am

    And the FTC is NOT done !!!! Soon, they will be imposing a crackdown on Marketers and MLM companies for showing Checks, PayPal Account and ClickBank earnings.

    After all, this to would be “implying” typical results … Here’s something to think about.

    “Many of our customers have enjoyed much success, but the new FTC regulations doesn’t allow us to show you.”

    Leslie Robert Wolfe, CBA
    Commissioner, Chamber Of Commerce Network

  205. Scott said

    am October 7 2009 @ 12:14 am

    Thanks Frank!

    Awesome advice (oops i can’t say that).

    Hey… maybe lawyers could pay you to translate their mumbo jumbo.
    I smell a new product.

    Cheers Mate

    Scott
    (Aussie Ocker - layman enthusiast)

  206. Harry Crowder said

    am October 7 2009 @ 12:20 am

    Frank,

    You have made this thing crystal clear.

    It will be sad not to see those blogs for weight loss where the before picture and after picture of the weight loss person are totally different people ( what a shame ).

    I think you are also right on with your advise to put our energy into doing things the right way and not trying to fool the FTC.

    Thanks, your message will be going out to my list this week as the “Marketing Lesson” (thanks again, for the insight and great content.)

    I’ll be Tweeting about it too.. this needs to be addressed and you take the mystery out of the whole stupid thing.

    Best regards,

    Harry Crowder

  207. Richelo Killian said

    am October 7 2009 @ 12:20 am

    Thank god I don’t live in the US! ;-)

    Time for me to setup a massive data center her in South Africa, and start providing hosting to all the Americans! ;-)

    All silly, but hey, we all KNEW this was coming!

    Richelo

  208. Gordon Silzer said

    am October 7 2009 @ 12:32 am

    Damn it!

    I was hoping you would have drawn a Triangle of Trust to portray this graphically for us (but then that might not have been typical either)

    Thanks for the enlightenment with / and / or / without bullets and / or headlines and / or sub-titles, in the first part, and / or the second part.

    Notwithstanding, anything aforesaid shall be construed to read in both the singular and the plural, the masculine and the feminine, the sublime and the ridiculous, and so on…

    Now I’m really glad to be such a big procrastinator! Took me so long to get testimonials that I don’t need them anymore.

    Thanks again.

  209. Where Is All The Thought Leadership on the New FTC Regulations? | Infinite Bounty said

    am October 7 2009 @ 12:43 am

    […] of a blogging storm amongst marketing bloggers, particularly since this will affect testimonials (see Frank Kern) and have a huge impact on affiliate […]

  210. chinaman said

    am October 7 2009 @ 12:43 am

    Do like me: promote your weight loss product from China, and collect in HongKong. Fuck the ducks. Let’s have them sue you in Mao Ze Dong territory.
    Just kiddin’.
    Comply with the law, that’s the only way.
    chinaman
    PS- Frankie, I loved your ** PS.

  211. Gary Kidd said

    am October 7 2009 @ 12:43 am

    Here in Germany these rules have been in place for a long time. Not only that, in Germany it is illegal to have a testimonial on your website if that person is also selling your product. You and the person who gave you the testimonial can be fined up to €7500, around $10,000. The Germans also have companies searching online for these testimonials.

    Pretty soon, the USA must fall into line with the rest of Europe and help to clean up all the crap online especially in Marketing. Too many marketers make things up just to try and generate sales to unwitting customers who beleive everything they read.

    Gary Kidd

  212. David Archer said

    am October 7 2009 @ 12:47 am

    Frank, you are da man! My email is flooded with sales pitches from all the wanna-be gurus, but when I receive an email from you, I open it first. You are always informative, clever, and entertaining. Thanks for the info and heads up on the FTC.

    Surfs Up!
    –David

  213. Dez Futak said

    am October 7 2009 @ 12:50 am

    Brilliant stuff Frank, thanks.

    My results are obviously not typical:

    - I enjoyed your post
    - It gave great value

    Here’s a spontaneous, atypical poem summarizing it all. It needs a hip-hop beat in the background for full effect. The poem might produce an atypical release of endorphins which could result in euphoria. But that’s very unlikely. Most people just fall asleep, so make sure you have a cushion handy to break your fall if you are standing up when you read it. i wouldn’t want to get into trouble. Here it is (remember the hip-hop beat):

    Frank is an atypical guy,
    Who likes to fly,
    In the face of the FTC

    By offering great value to you & me,

    ‘cos he’s an outlier, who outs the liars
    With a charm and humor that keeps us for hours,

    Glued to our screens machinating our dreams
    Whilst he spins beautiful words
    Sublime but not absurd.

    you see, the FTC ain’t got no rulez for the like of Reese & Kern
    Who thro’ blood, sweat & tears have had to learn,

    That the average Joe
    Will never know what hit ‘em so hard

    They will reel the whole nine yards,
    Slapped by the big G and the boys in black at the FTC,

    Whilst Kern surfs the waves of applause,
    Cheered on by the loud shouts of many jaws,

    As he delivers great value to all,
    Winter, Spring, Summer & Fall.

    There ya go.

    Thanks to the FTC I’m inspired to write poetry for all to see.

    I’m out. And an outlier. But I hope not an out & out liar.

    Dez.
    http://dezfutak.com
    (not a con).

  214. Sean said

    am October 7 2009 @ 12:51 am

    Thanks Frank… I am sweeping a lot of Guru emails away… They are distracting and time wasting.
    You are not in that categorie…

  215. Online Profit Marketing » FTC Ruling AND IT’s Effect ON Blogging said

    am October 7 2009 @ 1:01 am

    […] New FTC Thing Is A Bigger Deal Than You Might Think […]

  216. Rocky Tapscott said

    am October 7 2009 @ 1:04 am

    Hey Frank,

    Thanks for this, great stuff as usual.

    I’ve copied your closing line -

    Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.

    …onto a sheet of paper and nailed it to the wall in front of me so I can see it all day.

    How profound…

    Warmest regards

    Rocky

  217. Brad West said

    am October 7 2009 @ 1:04 am

    If it is as simple as that I see it easy to comply. I always felt a little corny and cheesy using testimonials anyway. As a matter a fact I have only used them twice. I really couldn’t see the big difference.

    I can defiantly see the positive side of things here and how it could be intended to clean up the garbage. But and there is always a but when it comes to the government it seems.There seems to be a hint of greed with not only our elected officials also with any agency that is remotely connected to them. As I said on my last post Guilty until you are convicted because they seized all your resources and given you a public attorney that is also paid by them.

    I actually see opportunity and keeping my nose clean is a non issue for me anyway.
    Brad West ~ onomoney

  218. Nando said

    am October 7 2009 @ 1:12 am

    Wow,

    You think it’ll take some of the wind out of those overhyped salesletters?

    I mean having to tell the truth and all…

  219. Ken said

    am October 7 2009 @ 1:13 am

    The response to your blog post has been out of the park!

    Here are some unsolicited Fakimonials:

    “Lit my world on fire! - J. of Arc”

    “Hit me like a bullet to the head! - A. Lincoln”

    “Finally, income faster than the speed of light! - A. Einstein”

    “Easy as chopping down a cherry tree! - G. Washington”

  220. Yisel G. said

    am October 7 2009 @ 1:16 am

    Love the simple solution:
    “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.”

    It ALWAYS comes down to value.

    Thanks Frank!

  221. Mikko said

    am October 7 2009 @ 1:23 am

    I didn’t fully understand how this affects the affiliates who just promote other people’s stuff.

  222. John W. Furst said

    am October 7 2009 @ 1:26 am

    Frank,

    Absolutely d’accord. Makes sense. I mean, when it starts to rain, what do you do? You take an umbrella, still go out and keep your smile on your face, don’t you. Like in the great movie “Singing In The Rain”.

    BTW: Your disclaimers getting funnier and funnier. Let’s do some homework, clean up the one or two pages we need to and keep selling stuff.

    (Listen people: I had some — actually enough — legal training to understand that I should not be a lawyer. This comment is for your education in the history of movies, “Singing In The Rain”, only. No legal advice here, no legal advice there.)

    Cheers.

  223. Josh said

    am October 7 2009 @ 1:26 am

    Frank,

    Not sure what the point is in posting a comment now since it’s the 195th comment on this fantastic post as I obviously read my emails way too late and just miss out on all the serious action up front that is so exhilarating and titillating.

    Does this mean that Mr. Banana Fingers (aka Tony) is going to have to be taken out when he says your strategies generated him an easy $1MM on his own New Money Masters product that he partnered with you on because he’s giving you a testimonial about an idea you gave him unrelated to any actual products, but was from your consulting with him? I bet you get jacked on that one from the FnTC. Evil, man!

    Thanks for spending the dough to get the super-duper-oakie-fied translation into layman’s terms from your fancy pants attorney.

    -Josh

  224. Simon said

    am October 7 2009 @ 1:27 am

    If you have your testimonials on video and your results-not-typical in the “small print”, I wonder how many of your time-poor small-attention-span audience will actually bother to look beyond the video for further qualification.

  225. Frank Mueller said

    am October 7 2009 @ 1:32 am

    How about saying something like this

    the average person will just get nothing out of my stuff.
    The ordinary person will only waste their time and money.

    That’s why I am looking for extraordinary people only.

    This may not be for you
    -unless you are avery special person.

    talk soon
    Frank

    ( Disclaimerr:

    I’m not THAT FRANK !
    and no laywer at all
    get your advice
    from other mad men
    but not from me)

  226. Tom said

    am October 7 2009 @ 1:36 am

    Ummm … forgive me for not being in the USA (Australia is way better :)) - but was exactly is the FTC?

    What does FTC even stand for??

    Tom

  227. Clifford Enoc said

    am October 7 2009 @ 1:40 am

    Cool post Frank. Like your usual antics. It’s time to review testimonials on my sites. ;)

    Cliffordx

  228. Leon K said

    am October 7 2009 @ 1:40 am

    Hi Frank

    May the FTC handed Internet Marketers a great new hook you can now say ” With my new X product you may loose x pounds in weight, I can’t tell you how much the FTC won’t let me!”

  229. Kavka said

    am October 7 2009 @ 1:42 am

    Great info Frank. It’s guys like you that provide great content that improves the way business is done.

    Cheers to your efforts,

  230. Karl Hummel said

    am October 7 2009 @ 1:52 am

    Hey Frank,

    I just wanted to thank you for taking the time to make this post. I believe that many beginning Internet Marketers don’t have the money to hire an attorney right away, so this insight that you have passed on is very helpful!

    As you’ve said or at least alluded to, “The government doesn’t play”!

    Thanks again,

    Karl

  231. Mary said

    am October 7 2009 @ 2:04 am

    I so love Fran Kern…

    He is the slimmer version of my youngest son, so how could I not love him!

    Now, regarding our law makers!

    Please do not castigate them, just remember, the country …”convoy is slowed down to protect the slowest ship in the fleet”.
    Those ones reclining on the couch & a few other vivid descriptions others have mentioned.
    They will NEVER enjoy the freedom of accomplishment of their soul & creative abilities that you can & will do, so feel very sorry for them indeed.

    You will always have the “do gooders” who really don’t, but that’s the beauty of our wonderful demos-cracy, (democracy) Demos; People…Cracy;Rule.

    Be very grateful YOU have the freedom to do good & be great. You do live in the most litigious society in the world…USA…BUT, Aussies in Qld. Australia, are 2nd on the list & NSWales (Australia) is 3rd!

    I fought these battles years ago as a freedom fighter & saw “behind the seen”.

    Not pretty, but; no one stops you if you do it right…so; do it right.

    You will always win, there truly is no competition.

    Real people you want on your lists are the goodies who just seem to “know or sense” this stuff on a deeper level…

    I call it “The Awareness Industry”.

    Know about it, do what you can & just get on with the good stuff!

    Don’t forget…Salt is a savoury ingredient, a preservative & we are the salt of the earth.
    Go & salt & add flavour to the starving masses!

    Kindest Regards to all,
    Thanks Frank,
    Mary

  232. TJ said

    am October 7 2009 @ 2:18 am

    Now if only they would apply this to Politicians …..

    Results not typical; some people like politicians (usually they are other politicians.)

  233. Philip G said

    am October 7 2009 @ 2:21 am

    Frank,

    I bought your Mass Control course and I’ve made millions from it.

    So now how do we handle unsolicited success testimonials, particularly on blog comments? The risk of someone doing something like this means that we might need to include average results on every piece of on-line marketing!

    Cheers,
    Philip

    P.S. Don’t mean to put you in a bind here…

  234. Jonathon said

    am October 7 2009 @ 2:21 am

    lol, Kern man the US FTC and all that jazz is the LAST thing the US needs to worry about, mean I know why they did it, but c’mon. The dollar is flunking, theres pretty much a revolt in america and the FTC are just knit picking for those who are trying to make money. This effects everyone (yes I know you don’t do testimonials anymore and you ok) marketers will get around this by simply making the sales copy that much better and improve it so that it will tantalize peoples brains and make them submit ALL there money with mind ninjas from shaolin master himself.

    You know what I mean…….

    Peace

    J

  235. Deevan said

    am October 7 2009 @ 2:22 am

    Thanks I read this elsewhere as well. Things are so confusing

  236. What the FTC Doesn’t Want You to Know… — Twitter for Business Blog - The Twitter Salvation System said

    am October 7 2009 @ 2:25 am

    […] Frank Kern’s URGENT FTC Article Share and Enjoy: […]

  237. iphoneunlockingprogram.com said

    am October 7 2009 @ 2:31 am

    Great Post. Thanks Frank

  238. Jan said

    am October 7 2009 @ 2:32 am

    Hey Frank, nice post. Just twittered it to the “community” :-) Indeed, those “winner testimonials” might work but need to be correct. It’s not all that different from what google wants us to do: tell the truth really. I’m actually happy the FTC is clamping down on these things. One thing: can you write your own testimonial with results?

  239. sani said

    am October 7 2009 @ 2:37 am

    Thank you

    Frank kent

    I always happy with your programs.

  240. Fred Eklund said

    am October 7 2009 @ 2:53 am

    Hey Frank,

    I really appreciate the heads up. Isn’t it lovely when the government decides that they need to play a bigger part in our lives?

    I’ll take your advice to heart, (even though you probably shouldn’t be listened to under any circumstances) and expect to continue to do very well :-)

    Cheers,

    Fred

  241. Jay Roberts UK said

    am October 7 2009 @ 2:54 am

    Well it doesnt seem as bad as it sounds. They are just trying to protect the consumer from “buying” into hype which let’s face it, is used excessively by some. It could actually be the dawn of more ethical convincers on sales pages.

    People like Mr Kern have already built a great reputation so it may be the newbies that will find it harder to make a name for themsleves rather than the established guys who we already know deliver great products.

    Great info post though.

    Jay Roberts
    UK

  242. Chu D. Obii said

    am October 7 2009 @ 2:59 am

    Awesome delivery Frank, pure value as always - Thanks!!!

  243. Stew said

    am October 7 2009 @ 3:08 am

    Hey Frank,

    Thanks for the heads up. Yep, I’m from the government and I’m here to protect you from yourself. Banning testimonials because you can’t guarantee a particular result…what’s next, rubber sidewalls so you don’t skin your knees if you fall?

    Maybe the government should take on obesity by making fast food companies put nutritional labels on their triple decker slimeburger with extra cheese and secret sauce? I mean no one with the brain capacity above a cretin should be expected to know consuming vast quantities of fat could be a problem. Oh, yea..now they do that.

    Since I don’t skeet shoot, could you recommend some kind of furniture polish to get rid of those rings now that I can’t use those stellar DVDs and CDs the guru marketing wannabes put out for coasters?

  244. Doug said

    am October 7 2009 @ 3:08 am

    Whenever I see testimonials, I skip right over them - because I already know they’re “results aren’t typical”. Who’s to say I can’t blow those results out of the water anyway? Besides, I’m looking for my own benefits not theirs.

    I’m actually shocked that someone else thinks testimonials are over rated. Everything I read tells me to use them.

    Figures that some redneck from Macon figured out they’re not that important. (Especially now.)

    Thanks Frank. Not only informative but as usual entertaining.

  245. Another fellow said

    am October 7 2009 @ 3:13 am

    I agree with Frank in that Testimonials are overrated anyway. No one believes them unless they come from a celebrity or something. I never use them in my sales pages. Instead, provide free valuable content and your prospects will be willing to get more of your stuff (for a fee, of course…)

  246. Kevin Polley said

    am October 7 2009 @ 3:25 am

    Nice job on raising awareness Frank.

    I can imagine after your post there are 100’s of marketers rewriting their sales pages even as I type.

    The guidelines apply to all forms of ‘new media advertising’. That includes video and sites like Facebook, Twitter et all. I’m all for protecting the consumer but the lack of specifics in the guidelines opens up the potential for abuse by the enforcers themselves.

    I’m not a lawyer either but in it’s current form it could mean that from Dec 1st (when this takes effect), Twitter would no longer a viable direct method of promoting a product/service on the basis that you couldn’t include a full & visible disclaimer within your 140 characters.

    Just a thought?

  247. Dave In Wales said

    am October 7 2009 @ 3:27 am

    Hi Frank
    Thanks for the update. Personally I think it’s about time these kind of regulatory measures were introduced. There are far too many marketers promoting the super story of ‘newbie snags uber-dollars using secret European pipe cleaner method!” and putting disclaimers of ambiguity in micro print, while neglecting to mention that the newbie was 1 in 10,000 or that said newbie was actually the projected optimistic potential.

    “Let’s take the Con out of Confusion”

    Thanks again Frank

    Dave

  248. Elaine Drennan said

    am October 7 2009 @ 3:28 am

    Frank,

    This is the best news I’ve had since I started in this business.

    To be honest, I was reluctant to get involved in the first place because I didn’t want to be associated with the type of people who give Internet Marketing such a bad name…

    Now it looks like the bandits are being rounded up, law and order has arrived and those of us who have always wanted to “play nicely” will have a better chance to do so!

    Offline, the penalties for misleading people are great - it’s about time the same applied online…

    Hurrah!!!!!

    Thank you for bringing this to our attention Frank :)

    Elaine

  249. No Guarantees said

    am October 7 2009 @ 3:36 am

    Simple, succinct and sensational advice, Frank. Thanks.

    The penny has finally dropped that by buying Mass Control I won’t automatically become the 950th worst surfer in Cali!

  250. New FTC Stuff… | Dave Stephens Online said

    am October 7 2009 @ 3:44 am

  251. susan said

    am October 7 2009 @ 3:52 am

    who needs testimonials

    look how many posts you got in one day just with what you had to say

    anybody out there need a world renown bead artist?

  252. Joe Munzer » New FTC Regulations (They look PREEEETY SERIOUS)…..For DUMMIES…… said

    am October 7 2009 @ 3:53 am

    […] I found this great blog post from Frank Kern […]

  253. Joe M said

    am October 7 2009 @ 3:54 am

    Thanks for a great explanation of what’s happening with the FTC.

    I also love your explanation of how EZ selling is:

    “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.”

    Well said!! :)

    Cheers :)
    Joe

  254. Chris Armour said

    am October 7 2009 @ 4:09 am

    Thanks for the heads up!

    Shake up time for some rogue traders me thinks!

  255. Patty Jones said

    am October 7 2009 @ 4:14 am

    So we comply, shouldn’t be that hard to do like you said we are complying by Gods rules. Hoping it will cull the herd.

    Patty

  256. Mike said

    am October 7 2009 @ 4:30 am

    Thanks Frank! As always concise and to the point. Glad you added the last paragraph to drive it all home!!

    Have a great week

    Mike

  257. Bcarter said

    am October 7 2009 @ 4:30 am

    If you are one that is trying to find an “easy way around” the FTC rules, then you will be constantly burying your head in the sand every time something changes in this business. I know, I’ve been there. Complying will take a lot less work.

    I could spend 10 minutes here stating that the government should stay out of our business and people should learn to think for themselves, but it would be futile.

    Thank you for the legal translations, I know this isn’t official legal advice, but it gives others a good place to start.

    Brenda

  258. Guy said

    am October 7 2009 @ 4:36 am

    Its all about being honest and genuine to the buyer, stick with that and you should be ok

  259. Mark Lyford said

    am October 7 2009 @ 4:43 am

    Its things like this that make me glad not to live in the US, but does make me wonder if I should get non US hosting in place :/

  260. Damo said

    am October 7 2009 @ 4:45 am

    Knew I was weird and abnormal for laughing at your stuff. haha

    Thanks for the update Mate! (and for making it worth reading to the end)

  261. Maritza said

    am October 7 2009 @ 4:53 am

    Frank,

    Thanks for breaking this down and taking it deeper than just blogging… If people really think you just buy something for the results… well, that’s just silly. When I buy anything, I know I must work it and put effort into it. Books don’t read themselves, etc.

    Thanks for the insight (& in your fun, easy to understand non legalese language!)

  262. Dainis said

    am October 7 2009 @ 4:53 am

    Thanks: Mel, John, Kelley, David. With a website that does produce typical results, namely the reduction and elimination of tinnitus, what do I do? Will these regulations apply to the Pharma industry? I’m happy to have the FTC interview my members, especially if they record the interviews and make them public. Still, I live in Vienna, Austria now, and that may provide some protection so that I can actually be honest.

    For me, Integrity = Honesty, Kindness, Consistency. And those are the principles I live by.

    I cannot help but feel threatened by this regulation, specifically because of my adherence to integrity.

    Let’s see how this plays out.

    Cheers,
    Dainis

  263. Thomas said

    am October 7 2009 @ 4:54 am

    In some ways, I think this new ruling is kinda cool.

    I think the FTC could have gone even further - they should make it so that any celebrity who endorses a specific kind of soda should have to drink that soda as much as it appears they do in the ad.

  264. Chris Poff said

    am October 7 2009 @ 4:58 am

    Hey Frank!

    Great stuff! Can we get the FTC to have a look at politicians promises. Those are always accurate!

  265. Carl said

    am October 7 2009 @ 4:59 am

    Guess I’d better update some testimonials
    before the FTC (Freakin’ Thieving Crooks) come.

    Thanks for the update.

    Carl Willoughby
    http://www.One-Minute-Cure.com

  266. Grandmapeg said

    am October 7 2009 @ 5:05 am

    The Federal Trade Commission will have their hands full looking up blogs and determining that they originate in the US. Anyone know of how any country manages to control the blogs or e-mails with so many are out there?

    Commentators on radio thought that celebrities would need to disclose that they were getting paid for their endorsements. Saw one Oprah tv show where she mentioned that she loved a diet fudgesicle but since they wouldn’t pay her, she wasn’t going to tell us the brand. I think her frankness is part of why she has such a large following.

    Technically, if we offer someone else’s product we are not getting pre-paid. Wonder if that makes a difference? Thanks for the non-legal advice, Frank.

    Grandmapeg (follow me on Twitter)

  267. sam said

    am October 7 2009 @ 5:10 am

    Cheers Frank - This is awesome mate. Thanks for the advice.
    Sam

  268. Whitney Pannell said

    am October 7 2009 @ 5:11 am

    Very frank and to the point. Pardon the pun. Thanks

  269. leigh said

    am October 7 2009 @ 5:21 am

    I am in Australia, I don’t think this would apply to people OS unless they are selling to the US?????

  270. Why the FTC $11,000 Blogger Fines are a Good Thing | Rich Lazzara said

    am October 7 2009 @ 5:24 am

    […] You can read several good opinions about why this is a bad idea from TechCrunch, David Risley and Frank Kern.  I happen to agree that the FTC has gone way to far. I mean if we’re gonna regulate full […]

  271. RT @masscontrolkern: New blog ... said

    am October 7 2009 @ 5:30 am

    […] @masscontrolkern: New blog post shows what they’re not telling you about this FTC thing: http://masscontrolsite.com/blog/?p=59 Tags: Internet Business, search-engines, SEO, […]

  272. Gareth said

    am October 7 2009 @ 5:37 am

    Hey - I live in New Zealand - but my sites are hosted in USA - so what ???

    FTC doesn’t mean jack to me

    Not that I would deliberately rip people off but do those of us have to abide by FTC rules ?

  273. John Jaworski said

    am October 7 2009 @ 5:38 am

    Hey Frank,
    Thanks a lot for the heads up! I think it’s about picking a niche too. There are niches like weight loss that are riddled with scams and snake oils salesman.

    In Weight loss testimonials have become common place. It seems to be the same with just about any health support niche. Same with the making money niche…

    In many of my niches testimonials just aren’t done. The Customer comes to my site, their impression of me is good…I have what they have been looking for and they buy….

    I’d recommend people think outside the box a little and pick something different to market, yes you may be breaking new ground, but if you do your research properly and are providing a cure for some sort of pain your prospect has, and spend a little time getting them to know you, like you and trust you…well… the heavy lifting is now done!

    Best,
    John

  274. Gabriele Grach said

    am October 7 2009 @ 5:49 am

    What can I say Frank! You are the best! Please don’t believe a word that I say :-) GG with huge hugs and lots of love. Thank you for sharing! You are so very much appreciated.

  275. Jim Hegarty said

    am October 7 2009 @ 5:58 am

    Frank,

    Excellent post.

    I’ll make sure all of my websites are in compliance.

    Keep Rockin’
    Jim

  276. Geoey Cook said

    am October 7 2009 @ 6:06 am

    Nice work Frank. Always keeping us up to date on the latest.

    Can you write my TOS for my new web site?

  277. Aleksandra Walters said

    am October 7 2009 @ 6:07 am

    Finally something that actually makes sense in English. Thanks Frank for putting it in plain English.

  278. Angie Melecio said

    am October 7 2009 @ 6:08 am

    FRANK FOR PRESIDENT! (lol)

    … and **THIS** is exactly why I have UNSUBSCRIBED to all other marketer direct emails — all but Frank and a few key others…

    … BLAZE that trail, Frank - BLAZE IT! Great heads up. Now I can pass it on to my team members and seem like a genius for knowing this in advance.

    Oh wait - I’m learnin’ from Kern - I *am* a ‘genius’ - BAM!

  279. Jasper said

    am October 7 2009 @ 6:14 am

    Frank, Always informative and educational!
    If you make a claim stand by your claim period.
    For too long a lot of marketers claims result they
    cannot substantiate coupled with conflict of interest,
    especially Review Sites.

  280. Robin Elizabeth said

    am October 7 2009 @ 6:26 am

    Thanks so much! I know you’re not a lawyer, but a little bit of perspective in layman’s terms is much appreciated. I especially liked the part about competition dropping off. I had a feeling that may be the case. I’m glad to know that you have found it to be true in your experience.

    Thanks again!

    Robin

  281. New FTC Rules : Internet Marketing Boomer said

    am October 7 2009 @ 6:34 am

  282. Tommy C said

    am October 7 2009 @ 6:37 am

    Hey Fellow Georgian,

    Here’s my take on this “HOLE” thing, The gov-ment isn’t going to stop until they control every aspect of our lives! It’s a shame but you have peoples out there always trying to get there hands in your pocket ( Gov-ment accepted ) and if they can get the gov-ment to give them some of your money because they bought your product sat on the couch and watched Family Guy then said HEY! this thing I bought didn’t do everything for me so “I WAS DEFRAUDED” give me some of your money, That’s what they’ll do USE the power of gov-ment to take it!! I do well and fortunately I don’t use testimonials and never will.

  283. Perry Masterson said

    am October 7 2009 @ 6:43 am

    Frank,

    Once again, you cut through the BS to the heart of the matter. The only ones who need to worry about this seriously are the ones who aren’t already on the up-and-up. Be ethical, or be elsewhere. The truth will set you free!

    Cheers,

    Perry

  284. Al Mangones said

    am October 7 2009 @ 6:44 am

    Nothing beats providing good value and free good content.
    On the good side, I don’t think they can sensor good ol’ word of mouth advertising, and I sure hope they don’t start messing with what customers can say or post (on their own accord) on their pages about other people’s product (whether they’re promoting them or not)

    Al

  285. Billy Bob said

    am October 7 2009 @ 6:50 am

    Hey Frank,
    thanks man…
    I lost 247 pounds reading this post and I feel great.
    Sure the DVD helped as well - but my BIG GULP keeps slipping off of it

    please consider adding my comment to your list of testimonials
    you’re such a great guy - I think I could shed another 30 pounds just by using your name as a mantra during my next yoga session - think the FTC would mind if I told the truth… that you, ’surfer dude’ are the reason for my weight loss?

  286. Dr.Howard Marshall said

    am October 7 2009 @ 6:56 am

    Thanks very much for the insight. Another gem,unsolicited. I really appreciate your concern for your fellow marketers. I know I never would have seen this info about the FTC. I also really appreciate your ability to simplify things. keep up the great work, and thanks again.

  287. Sean said

    am October 7 2009 @ 6:58 am

    Nice post Frank!

    Sorry if this has been brought up already but does the following excerpt/paragraph mean anything?

    “The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; THEY ARE NOT BINDING LAW THEMSELVES. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.’

    Now, I’ll admit that I’m a Canadian so I don’t pay much attention to this kind of south-o’-the-border stuff (By the way, there’s still plenty of room up here so come on up folks - unless of course you’re just going to be pulling all kinds of shenanigans! Then we don’t want you! :) ).

    Keep in mind, sometimes Big Brother ain’t quite as “big” as he would like you to think he is.

    The point is, play fair and no one gets hurt.
    Thanks for what you do Frank.

    Cheers
    Sean in Canada

  288. JNFerree said

    am October 7 2009 @ 6:59 am

    WTG Frank,

    If your readers have any doubt how seriously nasty the FTC can be when they put their smack down on your IM affairs, just try and find the play-back button on Perry Belcher’s SMM system video where he openly admits (kudos to Belcher) for taking his eye off the ball and not doing the right thing by his customers. I doubt you need to be in the potions and pills business either, like he was. If your testimonial sources appear to be trumped up, vague & squirrely, I suspect the FTC boys are apt to issue a cease and desist order with little recourse.

    I’ll have to add your timely post to my swipe file - muy bien Frank.

    Neil Ferree
    Ferree Money
    http://www.FerreeMoney.com

  289. Mike VOIP-COIP said

    am October 7 2009 @ 7:01 am

    Right on Frank,

    Don’t mess with FTC, in fact, it is best to have a truthful disclosure in every way, so here is my take on it.

    Disclaimer: The FTC has mandated that all testimonies must be factual and truthful, therefore, as this new FTC regulation is impossible to comply with, we will make no claims at all. Everyone should know every testimony ever created was an out of work actor who would say anything to make a buck or a it was a lying employee or representative of company who makes money by lying about results. Anyone dumb enough to believe any testimony deserve to be screwed. LOL

  290. Paul Proffitt said

    am October 7 2009 @ 7:02 am

    Hey Frank,

    Did anyone ever tell you that you should have been a comedian!
    I was laughing the whole time I was reading your post. ;)

    But on a serious note, people better listen!!

    Thanks for the up front
    Paul

  291. Ifiok said

    am October 7 2009 @ 7:06 am

    I wanna thank you Frank from the bottom of my heart. You just saved us a lot of money, time and trouble. Best part is your P.S. on the opportunity that has just presented itself. You are tha man.

    DISCLAIMER: DO NOT BELIEVE A WORD I JUST SAID. :)

  292. Karen said

    am October 7 2009 @ 7:07 am

    Thanks, Frank.

    I totally agree with your point about building a trusting relationship with your customers. Just provide consistent value and you don’t need all of those over the top testimonials.

  293. Matt said

    am October 7 2009 @ 7:12 am

    I’m curious about one gray area: hard goods ecommerce retailers who feature customer feedback/ratings. They are virtually testimonials. And there’s a great case study here: Amazon. They basically feature customer testimonials on every page via their “Customer Reviews” section on every page, and “Most Helpful Customer Reviews.” In short, how are these fundamentally different “traditional” testimonials (Fact is they aren’t different because satisfaction of buying a book is the result. So customers are discussing results just like any other testimonial).

    At the end of the day I think the honest merchants and service providers won’t have too many problems with this. But as with anything the FTC rules about, there will always be merchants/sellers who find a way to spin info to their advantage while dodging explicit law-breaking. At the end of the day enforcement of these rules is driven primarily by consumer complaints (I speak with a bit of authority since I work full time in the direct-to-consumer health supplement industry).

  294. Fouad said

    am October 7 2009 @ 7:21 am

    Frank,

    Why are you the most respected IM guy out there?

    Oh, I know, it’s because you deliver AWESOME information.

    I wonder how the IM community would look like if there
    were all frankos in it????

    Peace
    A Salaam Aleikoem
    Shalom
    Goodbye
    Doei
    Later
    Alligator?

  295. Hale said

    am October 7 2009 @ 7:21 am

    Good stuff, Frank, and extremely timely. If it weren’t for you, I would probably never even know about this stuff. Please keep it up, and keeping us aware. That alone is enough for the admission price.

  296. Karen said

    am October 7 2009 @ 7:26 am

    Great post. I totally agree that testimonials are overrated. I normally don’t read them myself as I figure they’re overstated. I mean no one puts a testimonial up that says “I didn’t get any results from this product.” But I think this is a situation where the FTC is creating another law but there’s no way for them to really enforce it. Big gov. wielding their stick.

  297. Rina said

    am October 7 2009 @ 7:38 am

    Hmm,

    I agree some of these testimonials are far fetched and any consumer should read through that. I think the FTC is right on. It almost gives affiliate marketing seem shady which it is not, but that’s in any business right?

    But, Frankie thanks for your input, as always it’s good stuff :)

  298. Jason Osborn said

    am October 7 2009 @ 7:40 am

    Great info Frank.

    Thanks a million for making things so easy to understand and doing things with integrity.

    Cheers,
    Jason Osborn

  299. Mike Morgan (not the copywriter) said

    am October 7 2009 @ 7:42 am

    Dude - I would have never understood this FTC thing CLEARLY until coming here.

    (duh)

    Thanks for breaking it down further - and thanks for the quick reminder lesson at the end.

    @MikeMorganJr

  300. Ron Hudson said

    am October 7 2009 @ 7:44 am

    Thank you for writing this post! You have done a great service for us all.

    Warmly,

    Ron

  301. Ken DoBucki said

    am October 7 2009 @ 7:47 am

    These FTC guidelines are all so nicely covered in consumer protection, but will it be administered fairly? Will the CDC, WHO, FDA or any other official group be forced to disclose all the info? When the CDC pushes HPV or H1N1 vaccination will it have to diclose that they received a million dollar grant from such and such corporation. Will they have to disclose that the manufacturing pharmaceutical company just pleaded quilty to marketing fraud? (case at hand last month Pfizer) What about the number of side effects, such as mental disorders and even death, will these numbers be shared? And the unknown long term effects, will that be known?

  302. Jason said

    am October 7 2009 @ 7:50 am

    This is start down a dark road of regulatory treachery. When you start having to assign implied values to people’s right to express their free speech and opinion, (because that’s what testimonials are) then you start to curb people’s natural inclination to express themselves without fear of judgment.

    So what’s next? What about syndicated content? When you upload a video to Youtube is it going to go into an elaborate approval process whereby Youtube has to ask you for proof of what you were feeling as opposed to someone else? Does this mean review sites are now viable for the opinions expressed in video comments?

    Is the FTC going to crack down on you if I endorse this post and this blog because it made me think and “thinking about insightful blog posts” are not typical results of reading them?

    This is a most disturbing attempt to undermine the sense of free speech that embodies what the Internet is really all about. The fact that I’m an internet marketer and use testimonials is trivial compared to the underlying implications of the recent regulatory infringements of basic rights.

  303. Mick said

    am October 7 2009 @ 7:54 am

    Common sense needs to be the main ingredient in any marketing formula. While we may want to bristle at the FTC for once again “intruding” in our business, this newest of the guidelines is really just plain old common sense.

  304. Bruce Avelllanet said

    am October 7 2009 @ 7:55 am

    Frank,

    You are right on this one. The FTC is not to be ignored and they are serious when it comes to enforcement. As usual, your comments are timely and accurate.

    Rock On!

    Bruce

  305. Ted Raiter said

    am October 7 2009 @ 7:59 am

    thanks frank,

    great info as always….

    for those who aren’t real keen on delivering value up front, as you put it, and rely heavily on testimonials for social proof, i wonder how many will bifurcate their site…

    iow, push the non-US to one offer, & the US citizens to another.

    it wouldn’t be the first industry that has had to deal with the over regulation in the US this way.

    good luck all,

    r8r

  306. Tina Hancock said

    am October 7 2009 @ 8:02 am

    better get used to it. big gov is here. it’s bar code day people. welcome to the future.

  307. Sal said

    am October 7 2009 @ 8:04 am

    Paul,

    I am not your typical reader and can’t provide any statistics regarding the position of your typical reader, but my I state quite frankly for the record:
    I liked your post and found it useful.

    To the FTC:
    This post is non-solicited. The poster has received no goods, services, nor monetary reimbursement for this post. All comments were made freely and in accordance with the 1st amendment of the US Bill of Rights. If you don’t like that one - you are cordially invited to take a flying fuck at a rolling donut.

  308. FTC Makes Final Ruling Against Blogs And Testimonials | Piotr Krzyzek dot Com said

    am October 7 2009 @ 8:05 am

    […] this sort of stuff and marketter like us, Frank Kern had this to say about the subject on his blog Mass Control: Up until these guidelines came out, you could be really safe by simply putting the standard […]

  309. lawton chiles said

    am October 7 2009 @ 8:13 am

    Doesn’t the FTC have more important things to worry about than fake blogs?

    Guess not.

    Great advice Frank. Keep up the Sneak Attacks!

  310. Mike Stenger said

    am October 7 2009 @ 8:23 am

    ha ha, this is great Frank! Got some great insight while at the same time was very entertained. Just retweeted from @mikestenger, thanks to @drmolliemarti

  311. Job Self said

    am October 7 2009 @ 8:32 am

    I agree that testimonials are one of the many weapons in the arsenal of the internet marketer. One (big) change in the rules doesn’t mean that your business is over, if you have a real business to start with and are not just following the fads and schemes that arise all the time but never last.

    I hope that the competition drops like you said. I’d love to see those fakers and scammers disappear. Make some space for the people that really want to provide true value to their customers.

  312. Joanne said

    am October 7 2009 @ 8:34 am

    Frank, you never fail to give me great info and good laugh. Thanks so much!

  313. Dan Denley said

    am October 7 2009 @ 8:35 am

    Frank,

    You’re a trooper, dude. Thanks for looking out for us. I know you’ve experienced first hand how nasty the Feds can be.

    I REALLY appreciate you taking time to share (for FREE) the advice you have PAID for!

    Cheers,

    Dan Denley

  314. Ken said

    am October 7 2009 @ 8:49 am

    Frank,

    You have taken the best pathway. Do away with all the fakery, and I have long believed that testimonials, including those with the (font 1) “results not typical” BS are unwise, and illegal, or should be.

    I always believed real marketing is presenting the benefits, giving value for the charge, and putting the 100% guarantee in place. I like the “free line” as well, but do not now believe that provides discernable value. How many freakin’ eBooks do I need with only 15 or so pages telling me to buy the full deal from someone.

    It is certainly time the FTC took a harder look. I think online markerters should sell just like the off-line markerters. Present the benefits, give value, and return the money (all the money) if the product is not as advertised.

    Easy to live up to, and no more lies calling themselves testimonials. I like the FTC will require documented evidence to back up that even Patsy lost 950 pounds!

    Have a good ‘un.

  315. Ken said

    am October 7 2009 @ 8:54 am

    Oh, and Frank,

    Next on the FTC list of things to beat down is all those earnings disclaimers written in font 4. It is time to quit telling folks in font 18 how much money they can make, then putting a small link at the very bottom of the page at font 4 that is called an “earning disclaimer,” which when clicked leads one to a page written in mumbo-jumbo at font 4 or font 6 by some lawyer beagle saying it is not the fault of the seller if the buyer cannot make a thin dime following the advice and program. That is just BS, and all know it.

    Hoo-ah!

  316. Bryan said

    am October 7 2009 @ 8:54 am

    Thanks for the great blog post and breaking down the new ruling.

  317. Holly Cotter said

    am October 7 2009 @ 8:55 am

    Frank your blog posts are definitely not typical. The average reader experiences glazed eyes and blackouts when trying to read (and understand) anything the FTC has to say. However, I really like your blog posts - you explain things in a way that allows us average readers to comprehend the incomprehensible. And, I like you… only a wild a crazy guy like you can make reading about the FTC Guidelines an entertaining experience!

  318. Ron said

    am October 7 2009 @ 8:57 am

    Love your disclaimer Frank. I always felt that testimonials were BS… especially when initials were used instead of actual names. Regarding testimonials, I do happen to like this service - AuthenticatedTestimonials.com. A good idea.

  319. Babe @ follow up "done for you" said

    am October 7 2009 @ 8:59 am

    Frank,
    Thanks for the update. I’m new to the internet marketing issuses. Sounds like before my site is live a better get a good internet attorney. Does anyone have someone they recommend?
    Babe

    p.s. I’m looking forward to your presentation at Info Summit in Nov.

  320. Bob Bart said

    am October 7 2009 @ 8:59 am

    Sounds like another Gov employee stimulus ruling. Just think of all the new Gov employees they are going to need…. Not millions, but now big brother will be reviewing a gazillion web pages & telling us what we can and can not do… what we can and can not say. Destroying our Constitution (1st Amendment - Freedom of speech & all) (Freedom of the press) not by law, but by Gov. agency ruling.

    After, it is best for the people…

    So, we (Big Brother) must control everything & the internet is something we really want to control & tax.

  321. Harry Pickett said

    am October 7 2009 @ 9:03 am

    Thanks Frank,
    We know we can always count on you for the “true stuff” and we all appreciate it. Mass Control and Screw Google are great examples of “how to do it”

    Tks
    Harry

  322. John Spagnolo said

    am October 7 2009 @ 9:03 am

    Frank Kern is the man, no bout a doubt it.

    I love the way he puts things. What is really amazing to me, is that I sent him an email, and he responded. I felt like I wrote the president, and he wrote back. ANd he talked just like friends talk, which is what makes him a great guy, his sincerity. And that’s what builds trust, which is why we wont need these stupid testimonials!

    I already linked to this posting on my blog, this is seriously important info we need to know. It is especially useful to me, as I happen to sell weight loss products, among other things.

    Thanks Frank!

  323. Michelle Fradella-Barfuss said

    am October 7 2009 @ 9:06 am

    Frank,
    Thank you so much for keeping us up-to-date and helping us to stay “legal”. As usual, you bring so much value to the table!

  324. Lee Roberts said

    am October 7 2009 @ 9:06 am

    This is a great summary. I wish you would ask your lawyer how this affects us if we have links on our site that got to sites that do not comply. Linking to Msass Control would be no problem but linking to a Weight Loss For Idiots may present a problem it seems.

    Thanks Again
    Lee

  325. The Copy Maverick » Archive » OMG the FTC has blasted us…. said

    am October 7 2009 @ 9:08 am

    […] And you might want to take a read of Frank Kern’s take on the ruling. You can read it at: http://masscontrolsite.com/blog/?p=59 […]

  326. Fred Raley said

    am October 7 2009 @ 9:13 am

    Frank,

    Great info. Most marketing sites put up by amateurs are missing some of the legal nuances. Good to get advice from the pros.

    Thanks for looking out for us!

    Fred
    703 203 4648

  327. Franrose said

    am October 7 2009 @ 9:16 am

    Thanks for the tip! Very informative post.
    Thanks again!

  328. Harry Pickett said

    am October 7 2009 @ 9:17 am

    Thanks Frank,
    This is a great summary of the FTC rules. We can always count on you for up to date info and it’s most appreciated. The things you teach in Mass Control and your other training programs will keep us from the grasp of the FTC and from losing big bucks because of dumb mistakes. Most appreciated

    Best
    Harry

  329. Fernando Veloso said

    am October 7 2009 @ 9:23 am

    You Sir, are a maniac. And we love you for that. :) Great post.

  330. More FTC Information « Copy Confetti said

    am October 7 2009 @ 9:24 am

  331. Sandy Sanders said

    am October 7 2009 @ 9:30 am

    Thanx so much for the entertaining explanation about this whole FTC thingy; it was confusing, but you made it simple… I do hate it when the government gets involved in anything to do with business!

    BTW, would you mind explaining “magnetism” to us?? :)!

  332. Bob Lovinger said

    am October 7 2009 @ 9:31 am

    Frank, as a fellow former FTC whipping boy, we both know this is really just about giving the FTC broader reach, as though they need it because no one ever fights back anyway.

    That being said, for the moment I believe that their current target is infomercials mainly. They will eventually use this to go after a big fish in the internet marketing world to make an example of.

    But I have to say, when I put my unbiased hat on, these new rules make some sense. Franchising law has covered these areas for quite a while and those laws go much further by making you disclose a list of your previous clients. Can you imagine…

    With these rules, what has to be kept in mind is that as a marketer, don’t make anything sound unbiased when there is an ulterior motive. If you run a review site, simply say, these are my honest opinions, but if you buy from me, I will earn money.

    As for testimonials, I would stay away from claims, period. Keep your testimonials subjective. Things like- “this product was easy to use” is fine. But don’t stick numbers in your testimonials because you are then opening up a can of worms.

  333. S. Williams said

    am October 7 2009 @ 9:33 am

    Great explanation!

    Now if someone could just explain the unconstitutional income tax, and what goes on inside the federal reserve…

    but oh wait a minute, that’s not as important as a fake blog, or testimonial.

    Thanks for the heads up Frank!

  334. The FTC is cracking down. | WWW.Davidsbest.Com said

    am October 7 2009 @ 9:36 am

    […] . You can also read Frank  Kern’s take on the ruling at http://masscontrolsite.com/blog/?p=59 […]

  335. Drew Laughlin said

    am October 7 2009 @ 9:38 am

    Great stuff Frank. Thanks for taking the time to explain it in layman’s terms. Its greatly appreciated!

  336. Rich said

    am October 7 2009 @ 9:44 am

    Thanks Frank, with your latest FTC advice I was able to make $500 in one hour! I never thought that making money online could be so easy and fast. You’re a genius!

    - Rich

    P.S. Don’t use as a testimonial, results not typical. (:

  337. FTC Disclosure Rules & Affiliate Marketing Implications « Affiliate Marketing Blog said

    am October 7 2009 @ 9:45 am

    […] New FTC Thing Is A Bigger Deal Than You Might Think by Frank Kern Tweet This!Share this on FacebookStumble upon something good? Share it on StumbleUponShare this on del.icio.usShare this on RedditShare this on TechnoratiDigg this!Buzz up!Add this to Google Bookmarks […]

  338. Charles Seymour Jr said

    am October 7 2009 @ 9:51 am

    Once again Frank “tells it like it is.” He’s a straight shooter who happens to have done extremely well with his products, his reputation, his hair (whoops… my follicle-envy just leaked out!).

    I’ve been telling people in my blogs for several months that I will be paid a small commission if people purchase a product for which I’m an Affiliate. I state it near the top - make it obvious AND they will just skim by it. It’s also in my site’s notes.

    Thanks for the info, Frank!

    Charlie Seymour Jr
    Blog: http://bit.ly/24eYTO

  339. Peter said

    am October 7 2009 @ 9:53 am

    That’s me F****d and it’s all Kern’s fault.

    Time to get a J.O.B.

  340. Fredrick Beers said

    am October 7 2009 @ 10:15 am

    Nicely done kern…

    Anyone with any tenure will take your recommendations to heart…
    no more need be said.

    and wouldn’t u know, we have here a freaking post nuclear bomb on
    your blog!!

    even a poem too. how shnifty.

    Thanks for the wrap up.

    Honestly I was just assuming they’d be cracking down on the mega
    media blogs with uber traffic, but it seems this touches us all
    to some dgree.

    and thanks again for the reminder:

    Business K.I.S.S. Method from yester-year:

    Um… Please the customer, STUPID!!!

  341. Jeffrey Parker said

    am October 7 2009 @ 10:16 am

    Thank you for the heads up Frank.
    How do we know if our testimonials toe the line or not?

    Jeff

  342. Kammy Thurman said

    am October 7 2009 @ 10:21 am

    OY! BIG BROTHER stomps his foot again. Several months ago, when I heard the FTC was considering this, they were aiming it at the supplement industry — but I knew they just couldn’t resist planting their heel on everyone possible.

  343. Tanya Chadwick said

    am October 7 2009 @ 10:30 am

    Wow is what I have to say to you Mr. Frank Kern!
    The great thing about you is you do not send us all a bunch of fluff and constantly inundating us with sh.t emails trying to sell stuff…
    So, I personally and professionally read and listen to what you have to say.
    Sure wish the other “little” guys or those that send constant fluff and fill my inbox with sh.t would just go away…maybe this new FTC thing will open up the field to all of us that are doing business online to do real business for real people with real interest in working hard to “earn” money.
    Great stuff Frank, and many thanks for you continuing to be you.
    Most Sincerely,
    Tanya Chadwick

  344. Donna Maher said

    am October 7 2009 @ 10:34 am

    Hi Frank,

    As always, you provide such clear explanations, unlike government jargon, you are totally understandable. Loved your examples, too.

    Thank you for taking the time to make this very important subject crystal clear to everyone who reads it… and know that you and your sense of humor are much appreciated.

    Keep up the great job you do… and know you’re loved by many of us!

    Donna :)

  345. Jonathan van Clute said

    am October 7 2009 @ 10:36 am

    Ditto to what Tom Lyons said. ;)

    Jonathan

  346. Danny said

    am October 7 2009 @ 10:37 am

    Wow - so glad the FTC is only American related and not the police of the whole wide web. Sorry to hear this for you Americans. Move your servers, move your address go to that village in Mexico - I sure have … from Mexico :)

  347. Guy said

    am October 7 2009 @ 10:38 am

    “Seek the care and advice of a normal and sane person.”

    Yeah……OK………right…………but that’s not even half ways as much fun!

  348. kevin said

    am October 7 2009 @ 10:45 am

    Three Things

    1. Some companies will slide. Some won’t. Selective enforcement is a big part of this plan.

    2. What is considered a testimonial. If I see a shampoo commercial with a celebrity saying how shiny, healthy, luxurious, radiant (you get the picture) this shampoo has made her hair is that considered a testimonial and if so will the producers of these products have to comply with the FTC? My bet is they won’t.

    3. If I’m selling a DVD that teaches rodeo clowns proper barrel jumping and have a testimonial that says this DVD has increased my skill level does that rise to the level where it would need a results not typical disclaimer?

    And for all those interested…get some good advice on how to become a Coast Guard Pilot.

  349. Mike said

    am October 7 2009 @ 10:47 am

    Whoa … wait a second …

    Frank doesn’t need testimonials because he’s spent years branding himself and has people vouching for him. He can just say buy “X” and thousands will.

    You — on the otherhand do NOT have this power.

    Now back to your world …

    Before people buy, they want to know specifics of how well your product/service works. Talking in vague generalities won’t close the sale.

    You — the average Joe reading this is going to have a hell of a time convincing people to buy when you can’t back up your product/service with social proof.

    Testimonials like,

    “Bob is a great guy, I like him.”
    Bob, Maine

    Aren’t going to work.

  350. Jarrod Morris said

    am October 7 2009 @ 10:48 am

    I’ve read tons of reviews and posts about the FTC shenanigans and yours was by far the most entertaining and enlightening. My questions is if the new law is retroactive. Will 4 year bloggers who post daily be responsible for going back and disclosing relationships and compensations for 1460 days of article writing? I guess it’s time to start writing a disclosure policy.

  351. Bryan Phillips said

    am October 7 2009 @ 10:51 am

    Great information and great news for marketers with integrity!

    Thanks much Frank!

    Bryan

  352. Internet Marketers! Read this about FTC! « The Art by Art Graphics Blog said

    am October 7 2009 @ 10:55 am

    […] will want to read this new post from FRANK KERN about what his lawyer told him about the new changes in the FTC and using […]

  353. FTC Ruling Changes Marketing Forever | 1AutomationWiz.com Blog by Don Schnure said

    am October 7 2009 @ 10:58 am

    […] And I just read a really great example of how this new ruling could effect your business even if you AREN’T blogging. Check it out on Frank Kern’s blog. […]

  354. Michael Rytter said

    am October 7 2009 @ 11:04 am

    What the hell is the “FTC”? Oh yes…another American Government agency….one that is apparently trying to dictate what goes on on the internet…what it (the FTC), seems to have forgotten however (like most “AMERICAN” agencies)..is that the internet is not owned by America, and nor governed by America.

    The Rules they are trying to impose aren’t the issue for me..IN FACT I think that they are not far off the mark, NEEDED EVEN…what galls me is the fact that they EVEN THINK that they can make the rules…..

    So, as a Patriotic Canadian, one who loves America and Americans, but not their government Agencies,(Many of my relatives are American including a Judge in DC), I hereby say to the FTC: “BLOW ME!”

  355. Mike Willett said

    am October 7 2009 @ 11:08 am

    Great info, Frank. Everyone should know that we all brought it on ourselves, and after all, don’t you think that the average Joe is a bit tired of all the hype? Don’t you think people are beginning to see that all the testimonials are escalating the bs with unimaginable claims? It used to be that “10,000 a month” was a great claim. Now it has to be “40,000 per month and more” to beat all the others. Where does it end? With very careful scrutiny of testimonials, and isn’t that what a legitimate business should do? No one likes government regulation, but it’s been brought on by our own industry.

  356. Roger W Norris said

    am October 7 2009 @ 11:08 am

    The idea that those who review things should say what their connection is is OK. The “typical testimonials” could be a big problem!
    All testimonials are anecdotal! The FDA says anectodal evidence is no good, the FTC says it is. And it’s true because they said so. The problem is that there ARE NO typical results! How much work did you put into it? What were you selling? During good times or bad? To whom? Different people can be selling the same thing, and achieve totally different results. Which is typical? Is any of them?
    The problem is that words like “typical” “fair” or “misleading” have no definition, and what counts is what the gov’t. agencies says. If different agencies have different definitions, they’re both true. And if the FDA says medicines are guilty until proven innocent. that’s true too. Let’s hope the FTC is on our side. Or we all may be out of business! (Though getting rid of pages on testimonials would make the ads easier to read.)

  357. Elizabeth Nichols said

    am October 7 2009 @ 11:09 am

    You hit the nail on the head by saying that up front value is the key. People who feel well treated and well satisfied with free content are often going to buy even without testimonials.

    This reminds me of the changes employers made when companies started being sued over giving negative feedback on potential hires. Many companies stopped giving recommendations beyond name, rank and date of hire. Personnel agents simply rationalized that recommendations were seldom reliable anyway and went on with determining who to hire in other ways.

    People will buy what they want anyway. Yes, some will see a big drop off in sales, but I think you’re right that this will be more because of insufficient value than because of lack of easily faked results data.

  358. Rome said

    am October 7 2009 @ 11:17 am

    Thanks for the post, very informative and very true. The FTC can be a problem if your selling crap, so don’t sell crap.

  359. Kurt Hagemeister said

    am October 7 2009 @ 11:36 am

    Thanks for the useful information and value, as always, Frank! I agree with you that testimonials are overrated, in most cases. Like a lot of things, they’ve been greatly overused by marketers to the point that many consumers and potential customers either ignore them or greatly discount them. I absolutely NEVER click on those links that say something like “Click here for 231 testimonials of ’s products” When you see that, you know these testimonials were obtained at some pitch-fest event where someone just saw a rousing talk on some subject. Anyway, the point is to focus on the value you’re providing people and as you say, the testimonials won’t be necessary.

  360. Bret Littlefield said

    am October 7 2009 @ 11:40 am

    Dam you frank, with the New FTC weight loss program I had sweat my ass off, and Using the New FTC program I Lost 200 lbs.. lol.. seriously, Its getting nuts and we should really think about a Boston Tea Party… lol

    Bret
    Panama City, Florida…

    ps.. Love the illustrations…

  361. Patrick Schwerdtfeger said

    am October 7 2009 @ 11:41 am

    This is a spectacular post. Thanks for taking the time to break this down for everyone. I’m still curious if we have to disclose income potential when we use affiliate links, but that’s another matter. This post cleared up a lot of things and we all appreciate it.

  362. Sarah said

    am October 7 2009 @ 11:54 am

    HAahahaaaa!!
    Frank you make me laugh everytime - AND - you supply great info! ***** If you enjoyed reading this post, your results are not typical. *** hahahaa!! Sorry that was funny to me! lol!!

    Thanks for the heads up! I am TOTALLY NEW to internet marketing though have been listening and reading and working on my own ideas for the last few months… I will be launching my passions soon… though definately don’t want to get a stick up the a** because I wasn’t aware of some legal detail, especially when I believe that all I am doing is helping people! lol! That would SUCK ROTTEN EGGS!

    Here is to my success!! ***** If you enjoyed reading this post, AND SMILED your results are not typical. *** hahhaa!!
    S

  363. Mike said

    am October 7 2009 @ 11:57 am

    (((Testimonials are over-rated? That’s ridiculous.)))

    Testimonials make the difference. Guys like Frank Kern or John Reese or Mike Filsaime don’t need them because they’ve built a reputation over many years and vouch for each other.

    This isn’t just about blogs, review sites or affiliate marketing or get rich quick schemes.

    What about the sales training company, or the IT company or any other legit company - how can they compete when their testimonials are suddenly null and void.

    If you’ve done any sales … prospects want to know specifically how you’ve helped other people … they want track records so now how can you provide this?

    Let’s say you sell a carpet cleaning product or a carpet cleaning service … to beat the competitors you’re better off using a portfolio of good testimonials that you earned over the years than doing a price war against cheaper competitors. How do you demonstrate your service works and how do you stand out from the pack who price cuts and delivers shoddy work?

    Think about this …

  364. Bryon said

    am October 7 2009 @ 11:57 am

    Great…thanks Frank. Like, wow when will this interference s%$t ever end…?

    -B

  365. Mike said

    am October 7 2009 @ 12:03 pm

    Here’s what’ll happen for legit businesses all over the country.

    They’ll have lame testimonials like:

    “The XYZ company was nice to do business with.”

    “They were easy to do business with.”

    “I’d use this service again.”

    Come on … if you have a sales training company … I want to hear “Our sales increased by X%. And it took just X weeks to see it happen.” I need specifics to make a good buying decision - everyone does.

    So what’ll happen is the consumer gets no useful information out of the testimonial.

    And second, it’ll be a game of who can get the most testimonials that mean nothing. Because if you can’t give specifics, then having 231 testimonials that mean nothing vs your competitor who has 102 will be what matters as the prospect compares and contrasts.

    The third thing that’ll happen is price wars. You’ll be operating on thin profit margins and your earning capacity will plumment.

  366. Chesley said

    am October 7 2009 @ 12:09 pm

    thanks Frank,

    you give us the best.

    Chesley

  367. Alan D. Harris said

    am October 7 2009 @ 12:37 pm

    Hey Frank!

    Boy am I glad I read this… I have never used over the top testimonials and would only consider using “hey I like it” types anyway… but I was concerned about testimonials dying altogether!

    I’m glad more folks are speaking out about this topic… I’ve mentioned it my blog, but wanted to get more info before I said too much (like you said… get your own damn lawyer!)

    Especially for those of us who 1) haven’t made our fortunes yet and 2) haven’t pissed off the FTC yet… times like these can be terrifying!

    Thanks again for helping to clear this up a touch!

    Peace,
    Alan

  368. Today’s Make Money Online Tip – Take OWNERSHIP of your actions said

    am October 7 2009 @ 12:48 pm

    […] New FTC Thing Is A Bigger Deal Than You Might Think […]

  369. Loz James said

    am October 7 2009 @ 12:49 pm

    Still laughing at your disclaimer Frank :-)

    As Brick Tamland says in Anchorman ‘Good one’!!!

  370. Whitney Hoffman said

    am October 7 2009 @ 1:15 pm

    This is well done- and for someone who is a lawyer, but does not practice in this area,I decoded the Guidelines over on my blog http://www.whitneyhoffman.com. In the end, if you are a grown up and disclose and are honest about the typical results people can expect, you’ll be fine. If you engage in hyperbole, you may have a problem.

  371. Master Mind said

    am October 7 2009 @ 1:18 pm

    It’s something everyone should comply with but I’m actually more interested in what happens after the first few test cases. Enforcement on the net will be next to impossible. Worse yet it onpy applies to this country so those non USA people can still say whatever they want.

    Lol, can’t you just see the prisons full of people for violating this new ruling. Some way I just don’t think that’s gonna happen.

  372. David Franklin said

    am October 7 2009 @ 1:24 pm

    I was just the other day saying “shit, where are we going to get testimonials, were brand new”
    Problem solved.

  373. George Best said

    am October 7 2009 @ 1:47 pm

    Thank God the FTC is there defending the unsuspecting public from that dangerous First Amendment!

    Thanks for the info, Frank.

  374. Bill Crosby said

    am October 7 2009 @ 1:57 pm

    As always, you simplify language well for us 7th grade minds (well, maybe 3rd grade when it comes to interpreting the law).

    I agree, it is much easier and cheaper to just provide great content to develop trust then deal with “The Man” FTC on the back end.

    To compliance and beyond…

    Bill Crosby
    More about me: http://budurl.com/WhoIsBill

  375. Zurvita said

    am October 7 2009 @ 1:58 pm

    Hmmmm…..so I wonder for those of us brave enough to have a blog about our MLM site what we will have to do. Link to earning disclaimers? “Results not typical, most people lose their butt because they are too lazy to do the work.” Heck, even just plain-jane Internet marketing sales pages may need a similar disclaimer.

    What about forum sites like Warrior and the WSO forum? “Results not typical. Most users spend the $17, read the material, never apply any of it, and wonder why they are buying another $17 WSO and not making any money”

    I think the possibilities are endless, but hate the fact that the FTC feels it is necessary to take these actions.

  376. Alan said

    am October 7 2009 @ 2:00 pm

    Hi Thanks Frank, I really appreciate your blog on this.I don’t know what the FTC is exactly ‘cos I live in the UK, but I still get what your saying here.
    I laughed my head off at the ‘disclaimer’ at the bottom.Typical Kern humour.Brilliant.
    thanks again.
    alan

  377. Stephen said

    am October 7 2009 @ 2:01 pm

    I think I lost 950 lbs just reading the comments. Thanks for your sound [but certainly not legal] advice.

  378. Bob Andolina said

    am October 7 2009 @ 2:26 pm

    Great point!

    And now if all the politicians would use this advise we could all get the truth.

  379. Don said

    am October 7 2009 @ 2:31 pm

    According to the results at bottom I may or may not learn something from this article.Being the typical person that I am I need to know if i did or will learn something here.Perhaps I should do the consulting thing if there is any sane people out there.Maybe a report can be filed to access if perhaps me the typical,average,results oriented has or will be learning anything through reading this post,Thanks for cooperation in this matter.
    MAKE NUTRITION A NATURAL STATE!!

  380. Rotpada said

    am October 7 2009 @ 2:45 pm

    Two things:

    1) The FTC should crack down on the lies and deceit coming out of Washington, including themselves.

    2) Would this affect RipOffReport? Their contributors provide testimonials with “specific results.” ROR makes money by extorting it from the businesses referred to on their site. Should they have to put a disclaimer that says, “Results not typical. The average user is very satisfied with their purchase. This is one customer in 400,000. In fact, if you read this complaint, this person was never actually a customer of XYZ Company. They just like to complain.”

    Thanks for the post Frank, you rock.

  381. Katrina said

    am October 7 2009 @ 2:55 pm

    Well… Nothing like letting people develop a sense of personal responsibility and discernment.

    Thanks for the amusing AND effective explanation. Much appreciated!

  382. Allen said

    am October 7 2009 @ 2:56 pm

    I agree! the best thing to do is just save the ulcers and comply. I had a website that was doing well until Google killed it with a slap and I didn’t even know it was at risk until after the fact.

    The real hidden story here is the government has been wanting to find a way to tax internet commerce for a long time and I see this as just a foot in the door to get people more conditioned to government control and taxes. :(

  383. Jay said

    am October 7 2009 @ 3:30 pm

    I think instead of doing away of Fake Testimonials vs. real testimonials, thus weeding out the competition. It only builds a opportune foundation for those who do it in the first place because it really hurts sales in the long run. It means you have to be more targeted, cautious before promoting a product as a owner or visitor or maybe even loose your positioning in the search engines. To make anything clearly disclosed. I think every business on or offline should have a disclaimer, hope that places like, clickbank, paydotcom, paypal, etc… have all vendors cooperate in FTC ruling forcing vendors to teach affiliate marketing and give away an arsenal of information about were and how to promote. Which is a good and bad thing. If I’m not mistaken the FTC are the say so of how you present yourself using video as well. It will soon be so deep that no one can make enough money. I am almost upset of how someone who seriously probably has no marketing experience what so ever choose to dictate what can and cant be done. Its sort of like the person who burnt his or her self with the coffee and suing or the person who sued for fast food fries making their child fat. Its supply and demand, so just as it is a statued of limitations on collect of debt and faking your death. It should be a 7 year law against changing the law to fit needs of importance. WHO CARES ABOUT THE MARKETER.

  384. Xan said

    am October 7 2009 @ 3:32 pm

    Thanks for putting this new ruling into perspective Frank.

  385. Andrew said

    am October 7 2009 @ 3:42 pm

    The FTC can lick my balls!!!! :P

  386. MissMolly said

    am October 7 2009 @ 3:52 pm

    I learned along time ago to watch that legal stuff…….
    Thanks for the info Frank

  387. Phill Mason said

    am October 7 2009 @ 3:56 pm

    Loved your closing disclaimer there Frank :) Still chuckling now. Thanks for the Layman’s version, mucho appreciato.

    All the Best
    Phill

  388. eMarketWorks on the Internet » Blog Archive » FTC to Internet Marketing Bloggers – Are you paid for your endorsements? ‘Fess up said

    am October 7 2009 @ 4:16 pm

    […] More about the FTC Ruling from Frank Kern […]

  389. Dal Khera said

    am October 7 2009 @ 4:20 pm

    I knew this was coming. This is gonna hit those markets and vendors who use testimonials quite hard. I’ve never used testimonials myself, but I’ll definitely heed the FTC’S latest announcement. Cheers for the heads up Frank.
    Dal

  390. Kim Gottschall said

    am October 7 2009 @ 4:21 pm

    You are so right… thanks for such a great blog.
    Great advice as usual.

    Kim

  391. Melanie Jordan said

    am October 7 2009 @ 4:45 pm

    There’s been lots of buzz about the whole FTC thing–thanks kindly for making what’s happening crystal clear!

  392. Mari Smith said

    am October 7 2009 @ 4:46 pm

    Dude!!!! You are a complete and utter hoot!!! Gotta say, not too often I read blog posts in full cuz most peeps’ writing style is well, um, blah!! But you had me laughing til the tears rolled right to the end.

    LOVE what you say about just give away a TON of stuff that makes peeps happy then give ‘em even MORE stuff when they do buy. Amen!!

    Thanks for bringing much needed levity to this subject. Can’t wait to finally meet ya in Atlanta next month at InfoSUMMIT. Will be an honor to share the stage with ya. And get a pic too plz?! heheee

    hugs,
    @marismith

  393. Michael Brown said

    am October 7 2009 @ 4:57 pm

    So, On my website I am using and reviewing “Chef Knives”. If I say knives cut, do you think they will dispute it? If someone buys a knife through one of my affiliate offers and writes in to recommend his/her experience… “yup this knife cuts” and I publish it, the disclaimer possibilities are endless. Caution the product you are about to purchase can cause serious harm to various body parts and usage may result in death, but hey if you are dumb enough to stab yourself you deserve it. LOL
    Michael Brown

  394. william said

    am October 7 2009 @ 5:21 pm

    An appropriate heads up and as usual on the button. Thanks but do always remember and never forget “This in no way reflex an average comment from your followers” Have a great one I’ll see you on your next “breaking news headlines”

  395. Josh Anderson said

    am October 7 2009 @ 5:24 pm

    Just wanted to say “Thanks Frank” for taking the time to share your insightful and helpful opinion.

  396. Johannes said

    am October 7 2009 @ 5:29 pm

    Hi Frank, thanks.
    This is certainly sound (non-legal) advice, and it is doable to avoid testimonials claiming specific results and disclosing affiliate relationships when promoting a product.
    But there is one aspect which makes me worry: An owner of an affiliate network has limited controll over the behaviour of each and every single affiliate. Is the vendor of an affiliate product seen as responsible for all actions of all of his affiliates, even if they break theterms of the affiliate agreement?
    A post of Michel Forin made me worry.
    http://www.michelfortin.com/affiliate-marketing/

  397. Kelley said

    am October 7 2009 @ 5:33 pm

    Would someone please show me where in the US Constitution that the Congress or the FTC gets the power to tell me how I should promote my business?

    It is the job of the states and local govenments to regulate businesses, not the Federal Government.

    Did Benjamin Franklin have this in mind when he advertised his Franlklin stoves in “Poor Richard’s Almanac” - a newspaper HE owned. Did he put a disclaimer in there? Hell no!

    Folks, this is a draconian regulation that should scare the pants off of you!

    The FTC has no right - none - to tell you that you have to track every one of your customers’ experiences before you are allowed to relate what some of them have to say about your products.

    This new set of rules is merely a response to a lawsuit the FTC LOST!! The FTC had made life miserable for many companies before one of them stood up to the creeps. So the FTC’s response to the loss is to make a NEW regulation which is just as illegal as the old one.

    What is Clayton Makepeace, the king of copywriting, going to do? His highly successful ads are full of testimonials.

    What about telling your compelling story in your ad? Will you be allowed to do that?? Vin Montello has shown that story telling is the most effective style of copywriting.

    This is no joke! The FTC needs to be sent packing! Don’t be sheep. Fight back. Call your Congressman!

  398. Daniel Murray said

    am October 7 2009 @ 5:35 pm

    Cheers for the heads up Frank ;-)

  399. Ricardo Rodriguez said

    am October 7 2009 @ 5:52 pm

    The FTC is only looking out for the taxpayer’s money. All these banks that went under and everyone else that asked for bailouts, they all had vague testimonials. Look what happened. Now that the government has a vested interest it wants to make it harder for anyone to get swindled. It don’t matter though, when there is a will therere is a way marketing will always find a way to get you to buy.

  400. Thomas Bartke said

    am October 7 2009 @ 5:58 pm

    I wonder if they have to scrap all the billboards that have before-and-after pics (or “after” only…) - i.e. Lap Belt etc.

    Cheers,
    Thomas

  401. Important shit here about the FTC and th… « Membership sites said

    am October 7 2009 @ 5:59 pm

    […] 7, 2009 Reply Important shit here about the FTC and their bullshit! read at Frank Kern blog http://masscontrolsite.com/blog/?p=59 […]

  402. Sam Deane said

    am October 7 2009 @ 6:24 pm

    Frank,
    You do make me laugh!
    Thanks for the heads up - meanwhile, I’m wondering if this could really be happening - as a Brit, I gotta say this sounds so un-American. It’s more the kind of lame ass thing the UK government would try to rush its people with. How do they expect to implement it? Are they gonna demand we take all the testimonials down from 20 years of past web sites? No way could they do that.
    Anyway, thanks - imho you delivered a classic marketing quotation when you said, “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.” Genius!
    All the best
    Sam

  403. Chris Goegan said

    am October 7 2009 @ 6:32 pm

    Thanks for the info. Great to know. Not thrilled about it. Just good to know.

    It’s all part of the game eh?

    Find out what the restrictions are and work within them.

    Business and life still goes on. The FTC can do what it will, you and I and others have a mission to fulfill.

    Be great eh!
    Chris.

  404. Company Registration Services said

    am October 7 2009 @ 7:33 pm

    Love your take on it Frank and the Zig while everyone else Zags approach.

    I agree with social proof but it does seem that it can be way overdone and will try your method with some of our sites.

  405. Internet Marketing, Blogging, And The FTC said

    am October 7 2009 @ 7:54 pm

    […] In fact, Frank Kern has a humorous post on what the FTC wants. […]

  406. Thomas Bartke said

    am October 7 2009 @ 7:59 pm

    Another aspect: Since when does the FTC (US government agency) make rules for “The Internet”? Did they not just establish a severe competitive disadvantage for any US-based marketer?

    Cheers,
    Thomas

  407. mickey a ray said

    am October 7 2009 @ 8:09 pm

    Do you have a list of normal and sane people you can refer me to, I don’t know any. Testimonials generally sound like set-ups to me, honesty has a certain ring to it, I hear it deep underneath your jokes, how refreshing. mickey

  408. Jussi Koiranen said

    am October 7 2009 @ 8:11 pm

    Loved your personal disclaimer and liked the advice. I’m from Finland and do use my blog to generate affiliate income and there has already been talk in Finland about taking the FTC-example to make new regulations. I liked your positive view on this, now I’m looking forward to a brighter future aswell.

  409. Stan said

    am October 7 2009 @ 8:44 pm

    Typical!

  410. Falls-Down-Laughing said

    am October 7 2009 @ 9:02 pm

    Dude, you the man! **VERY* valuable advice (lawyer or not), and I’m very thankful for it… thanks for lookin’ out for us, bruthaman! ^_^

  411. Anna said

    am October 7 2009 @ 9:41 pm

    What about the drugs for sale in every drug store that advertise to make you feel better, but turn kids and normal people into suicidal maniacs or raging mass-murderers?

    Shouldn’t those ads have a good solid disclaimer?

    ” ‘Hi I’m Maimie, and I took XXX and I felt better.’

    Disclaimer: Results not typical. The average user experiences headaches, heart-trouble, kidney failure, diabetes, suicidal obsessions, and usually rounds it off with a high-school shooting spree.”

  412. Bruce Nelkin said

    am October 7 2009 @ 9:41 pm

    “Lots of people will either screw themselves by COMPLYING with the new regulations, or they’ll try to not comply but fail to sell anything because they’re not delivering enough old useless crap.

    Or they’ll just say, “aww …to hell with it” you quit”… Or did I get some of that backwards… Better ask the CTF what the frell they mean by that…

    Frank, you better check these comments for testimonials just in case before somebody claimed something happened to them while watching the tele when they weren’t looking after!

  413. Kathleen Gage said

    am October 7 2009 @ 9:50 pm

    Nice that those who are “puffing” their testimonials are being taken to task and those who are not have nothing at all to worry about.

  414. Don said

    am October 7 2009 @ 10:25 pm

    Appreciate the post and the advice very much.

    2 questions. When does this take affect and do we have to redo stuff that’s been up for years?

  415. FTC Publishes Final Guides Governing Endorsements, Testimonials said

    am October 7 2009 @ 10:41 pm

    […] Frank Kern – FTC Declares Shenanigans On All Kinds of Stuff […]

  416. Kelly said

    am October 7 2009 @ 11:05 pm

    Frank, this is why we pay you the big bucks, to lay it all out and give it to us straight! I wonder what is going to happen to all those gurus who TAUGHT us to use ANY testimonial, real or not, the wilder the better, over-the-top-and-who-cares, type of mentality. The reason the FTC got involved was because of all the phony claims and lack of integrity in the industry. It is severely lacking in the Internet Marketing world.
    Thanks again.

  417. Rebecca Geiger said

    am October 7 2009 @ 11:21 pm

    Dang.. you is one S.M.R.T dude!

  418. Rika Susan's Juicing For Health said

    am October 8 2009 @ 12:02 am

    Thanks Frank. Useful, clear info as always. I am not sure how this affects affiliate marketing. Any help on that?

  419. Melinda said

    am October 8 2009 @ 12:26 am

    Do you know if this applies only to the US? I’m in Australia, however I do use affiliate links to US vendors.

    Urgh….

  420. Ron said

    am October 8 2009 @ 12:38 am

    What is the demise of the “feedback system” that Amazon and Ebay use.
    What is the differentiation

    Does the credibility lie in the fact that it is a 2-way feedback?
    Does the credibility lie in the fact that they are Billion Dollar Companies?
    Does the credibility lie in the fact that “proof of purchase” has occured?

    I’m not necessarily looking for a legal answer, but I am looking for an educated guess/answer…

    I’ll check back.

  421. Richard said

    am October 8 2009 @ 1:16 am

    Holy cow, who can I sue. I want my money back! Frank I am shocked to hear people are actually placing fake testimonials on their web pages and blogs. No wonder I am broke.

  422. Franck Silvestre said

    am October 8 2009 @ 1:55 am

    Thanks to let us know, I think those guys are right… Too many scams!

    All the best,

    Franck

  423. Pete Moring said

    am October 8 2009 @ 2:39 am

    I’ve only ever sold ONE thing online (Except for eBay) in ten years now.
    I don’t use testimonials, and I only read Franks E-mails & watch his Videos because he’s Bloody Brilliant!! ( OH … And I wish I had Half his brain :-)

    Pete :

  424. The FTC Declares War On Internet Marketing! | Super Affiliate Strategy said

    am October 8 2009 @ 3:14 am

    […] Frank Kern’s Take on the FTC update. […]

  425. Mike Mott said

    am October 8 2009 @ 3:21 am

    Hey Frank
    Nice explanation-you’re not a lawyer then?
    I’ve lost 950 pounds (thats UK pounds by the way)as a consequence of signing up for many products in the past:)!
    Thanx for the info.
    Best wishes

  426. Viju Dallon said

    am October 8 2009 @ 3:53 am

    Fake blogs are a curse, unethical and do not contribute to affiliate and online marketing!

    Those who use fake blogs, Stop right now!

  427. Connor said

    am October 8 2009 @ 4:45 am

    Just when I found myself scratching my head I see Frank with this post!

    Ultimately I believe it will clean up the IM scene somewhat, I can only see it being a good thing personally, be honest and comply and you’ll be alright.

    Thanks for clearing this up Frank, you had me learning and laughing at the same time!

    All the best to you and yours,
    Connor

  428. Roy Fielding said

    am October 8 2009 @ 5:05 am

    Thanks Frank…

    That Clears It Up For
    Me Just Fine Brother…

    Roy

    P.S. The Comment By Roy
    Is Not Typical…
    (Your Comment May Vary)

  429. Steve-o said

    am October 8 2009 @ 5:18 am

    Frank…Dude, wasn’t sure whether to order the broccoli garlic quiche or the gorgonzola pizza, now it’s crystal. Thanks marketmeister.

    Oh and I’ve cancelled my subscription to “OMFG @ the FTC” quarterly =)

  430. itsjeremy said

    am October 8 2009 @ 5:25 am

    Thanks for the in-depth detail on this and what it “really” means to us in normal lingo.

  431. Marie-Claire said

    am October 8 2009 @ 7:18 am

    Hey Frank

    Just wanted to echo the previous comments - the explanation was perfect! Nice to have it in our own language for a change!

    Keep up the good work

    Marie

  432. New FTC Rules about the Use of Testimonials | Gary Harvey Blog said

    am October 8 2009 @ 7:22 am

    […] Here’s the easy-to-read Frank Kern version… http://masscontrolsite.com/blog/?p=59 […]

  433. » Thanks GVO For Reminding Me About The FTC Internet Law Requirements jeansmenopausalmoment.com: New Beginnings At Mid Life said

    am October 8 2009 @ 7:25 am

    […] should check out his blog post on the latest FTC […]

  434. survivalist said

    am October 8 2009 @ 7:47 am

    Before the internet, the only way to get the word out about a new product was to spend tens of thousands or millions of dollars on advertising. This gave the big companies a strong foothold.

    Now, small start up companies can give some of their products to bloggers, get some free advertising (cost of the product) and edge their way right up next to the big companies. After the new rules go into effect, bloggers have to disclose if they received the products for free?

    What I see in the future, is the Internal Revenue Service (IRS) wanting to charge some kind of tax on the items given to the bloggers. Its going to be right there on the bloggers page that they received the item, so the IRS can go over their site and make sure they listed everything in their tax filing. The IRS will probably call it some kind of gift tax, or advertising tax.

    We have from now - December 1 to post as many reviews as we can, and not have to disclose anything.

  435. David Nilsson said

    am October 8 2009 @ 8:35 am

    Thanks for the post Frank.

    It will be interesting to see what the outcome of all this will be on IM.

    Cheers
    David

  436. Music Marketing and Affiliate Marketing | Music Marketing - Gen-Y Rock Stars said

    am October 8 2009 @ 8:37 am

    […] with all marketing, this is best used in a transparent mode (read the new FTC stuff by Frank Kern, who was sued for millions by them a few years back), and used in moderation. Just because a few people bought something from an affiliate link, […]

  437. Stefani said

    am October 8 2009 @ 8:53 am

    Thanks Frank!

    Thanks Frank - I hadn’t even gotten far enough into the new reg to worry about the testimonial part! I always appreciate your insight but I’m stilla little worried about the blog thing - even though they stated “we only plan to go after the manufacturer” - what about those bloggers with their own info products? I’m thinking if someone were to recommend my product on their blog, and they got it for free to review it for me - well then, wouldn’t the FTC go after me if that blogger didn’t disclose the way the FTC thought they should? They just make me nervous!

    That said, I’ve tried to be a little creative in my “disclaimer” on products I’ve recommended on my Top Toys for Boys lens this year. Although I’m sure I’ll need to get my own FTC attorney to go over it just to be sure! What do you think? (It’s at the bottom - hope it’s still obvious enough for the FTC!) http://www.squidoo.com/top-toys-for-boys-2009

  438. Volker Rupprecht said

    am October 8 2009 @ 8:53 am

    Hey Frank, absolutely brilliant statement. I agree 100%. If you GIVE people enough reasons and stuff in advance, you don’t even NEED Testimonials. This “masscontrol” even works in good old Germany :) By the way, the laws over here are even “WORSE” for this cases then the one, you explained.
    Have a fab day!
    Cheers,
    Volker Rupprecht :)

  439. James W. Clark said

    am October 8 2009 @ 9:49 am

    Frank,

    I agree a 100%. Before I became involved with Internet Marketing spent my time selling capital equipment to Banks, Business, and later to Lawyers. Most of the time, they would ask about what kind of success other company were having with the systems and ask for testimonials and clearly I would give them the names of people who were using it.

    Also, would give them the title of the persons who made the decision and their phone number. If I remember correctly in the history of the world no two people have the same characteristics. So your results will vary. If you are in Marketing and you don’t know this, my guess is that you are in the wrong business.

    Let me be clear, I have purchase plenty of information from Marketers and tried it and it didn’t work for me, but do you think I complained about the testimonials. Maybe it worked for someone else or maybe it didn’t. Also, I have many that I purchased stuff from and it did work. So guess what, that is why I buy from them again and again.

    Jimmy Clark

  440. Perry de Haviland said

    am October 8 2009 @ 10:03 am

    Comply? Please tell me you are joking.

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

    am October 8 2009 @ 10:25 am

    […] New FTC Thing Is A Bigger Deal Than You Might Think […]

  442. Tammy Slater-Kendrick said

    am October 8 2009 @ 11:05 am

    So, does this mean that Viagra and other ED drugs will have to disclose the results of the “average user”? Just how are they going to substantiate that information? Whoa! TMI, dude!!

    You know what all this means? It means that non-paid REFERRAL marketing (aka “word of mouth advertising”) is going to be the ONLY way to use other people to tell your story for you. BUMMER!

    Click my name for a better explanation.

    ScrewTheFTC (dot) com

  443. Anthony said

    am October 8 2009 @ 12:05 pm

    Frank,

    Great take on a thorny issue.

    Testimonials are great ways to “social proof” a product line, but if the FTC will
    take umbrage to each word in the testimonial, I agree - It’s best to keep it
    simple.

    Additionally, good online marketers already show common sense by disclosing
    that they have benefitted financially when they write blog posts about particular products.

    Hopefully, this is not the beginning of ways the FTC is seeking to limit how
    online marketers promote products and make affiliate incomes.

    Anthony Whyms
    Moving4ward Marketing

  444. FMJ said

    am October 8 2009 @ 12:51 pm

    Thanks Frank. With so much information and speculation going around this post was very helpful. Hopefully the FTC will continue to flesh out the details.

  445. Ed Wheeler said

    am October 8 2009 @ 12:52 pm

    As usual Frank has a way of putting things so you can understand. I for one think the government has gone way to far and the FCC and FTC are way over bounds. Using the 1st amendment (as long as we can) I think they ought to clean them both out and start over. I dont use testimonials often because I can not put much faith in most of them. It is a shame that government can not leave a few enjoyable things (like the internet) alone. I just hope that all those in our ranks take heed and keep themselves safe. And for those who are outside our ranks, that are reading, do your thing…….Just Don’t Tread On Me! We Will Survive you.

  446. Katherine said

    am October 8 2009 @ 1:41 pm

    WOW….Thanks for the interpretation from your lawyer.
    Makes a little more understandable.

  447. Capricho said

    am October 8 2009 @ 2:08 pm

    Hey Frank
    They way i see it your alot like many of us noble marketers simpliy comply to a degree an keep flying threw to your everlasting journey of sales.

  448. Testimonial use according to Kern | The Nexus Connection said

    am October 8 2009 @ 2:46 pm

    […] Read the blog entry from Frank Kern on the FTC guidelines on use of endorsements and testimonials. Share and Enjoy: […]

  449. tom olofsson said

    am October 8 2009 @ 3:14 pm

    Frank,

    This blog post really changed my thinking on testimonials. I now use 30% less testimonials in my online advertising. Of course, the average blog reader will read the first paragraph of an important post like this and ignore the best parts at the end of the message.

    This may lead them to run afoul of new government regulations and end up with substantial losses due to fines and increased medical bils resulting from vigorous FTC wrist slapping.

    Lawyers have lived with this sort of regulation for many years. Most states do not allow us to use any testimonials because of the possibility of a future client being mislead.

    tom o.

    P.S. Your results may vary.

  450. New FTC Ruling Creates Confusion | Mike Paetzold Recommends said

    am October 8 2009 @ 4:05 pm

    […] Frank Kern –> New FTC Thing Is A Bigger Deal Than You Might Think […]

  451. mike dale said

    am October 8 2009 @ 4:27 pm

    Thanks Frank, brilliant piece of info. By the way I’ve lost 950 pounds, but I have had an impacted colon; as they say sh*t happens. But it’s not typical sh*t.
    Mike D.

  452. Karen said

    am October 8 2009 @ 5:16 pm

    Dear Frank, I had been reading about this and thank you for the clarification. We as Chiropractors have been dealing with this for a long time and only us research and case studies that show results that were tested by computers not human judgement. Welcome to Democracy according to !!!!!!!

  453. A Family Guy said

    am October 8 2009 @ 5:34 pm

    Frank,

    Oh My God…

    What’s next…???

    Are we allowed to post on the blogs…. anyone’s blogs????

    Is this the end of Blogs?

    Will Television commercials be next????

    What about radio advertising????

    OH DEAR

    Is this the end of ADVERTISING AS WE KNOW IT…?

    ADVERTORIALS RIP

    What about reviewers in magazines for example, will we
    All have to read the same old disclosures every time someone in the media
    Writes about a beauty product, or a live rock concert, or something or anything???

    What if one recommends a friend to go to a movie, eating house, shop or anything…..
    And they do not like it…….
    Does this mean that they will get a refund? And who will pay for the refund…..?
    Is it the referrer or the shop or both???
    Ah well, my Father always said that the world would go crazy

    before the End Of The World.

    If you enjoyed reading this comment, your results are typical.

    The average reader eventually simply reads the next one.

    Newspapers, magazines, TV, and radio get something close to a free pass on disclosures, or do they????? Hhmmmmm.

    A N I T P S B C L O P A
    Absolutely nothing in this post should be considered legal or professional advice.

  454. Janet said

    am October 8 2009 @ 6:00 pm

    Thanks, Frank,

    The best part was the last paragharph, which made we laugh because it’s so true!

    Thanks for the heads up!

    Janet

  455. Gary Gregory said

    am October 8 2009 @ 6:22 pm

    Although it might take years to enforce. It is a necessary change and will clear the way for more honest marketing long term.

  456. Pam French said

    am October 8 2009 @ 8:21 pm

    You’re way better than Family Guy!

  457. New Rules Worth Checking said

    am October 8 2009 @ 8:27 pm

    […] New FTC Thing Is A Bigger Deal Than You Might Think […]

  458. David Canham said

    am October 8 2009 @ 8:41 pm

    Hey Frank,

    You hit the nail on the head with your not a typical description. I think this will change a lot of the dishonest stuff going on out there and totally agree with the competition thingy.

    This is not a testimonial and should not be construed as one.

    Warmest regards,

    Sincerely,
    David Canham
    Online Software Solutions LLC
    In GOD we trust

  459. John said

    am October 8 2009 @ 9:13 pm

    I agree that steps are needed to “control” the validity of many testimonials and I’m sure not gonna seek ways around the ruling. However, ( and I’m sorry if this offends anyone in anyway, but I gotta speak my mind here now ) I feel this is just another “step” that the FTC and our wonderful government ( ‘By the people & for the people” ?) is taking to see to it that ( just like ) “Big Pharm” and other pocket-filling corporations, keep on getting their billions so that they can keep stuffing our great political leader’s and government agencie’s pockets. We ALL know how it works. It may not ALWAYS be in “U.S.currency” but they are getting their “kickbacks” in some way.

    Just like the FDA can shut down any biotech company or any company they want, because of one word in the “ad” or blog that might cause health-conscience consumers to ease away from drug use ( and get rid of all those nasty side effects )and use some “natural cure” (that’s the “misleading” word according to the FDA )instead of spending money on drugs that only mask the symptoms and never get to the core of the problem, which most of the time, if not all, can be traced to stress in one’s life.
    Anyway, I’m sorry to be ranting and getting off the subject at hand. I just don’t trust any part of our government controlling what we do, ESPECIALLY when they probably don’t even know the whole story.Or maybe they do but just wanna keep US from knowing the truth. I sure as hell wouldn’t put it past them.

    Look at what’s going on in Massachussettes with the people being forced to get swine flu vaccinations ( if the law is passed ).
    This country is headed for trouble and if you ask me, Mel Gibson’s movie, “Mad Max” just may come true in the foreseeable future.

    I quote Bill Mahr, from a few years ago; “America is not a free country. We are Fee-er than any other country, but we are NOT FREE.”

    I’m finished ( I’m getting stressed now -:)

    Thank you Frank & Gary.

    Sincerely,
    John

  460. Jeff in Oregon said

    am October 8 2009 @ 9:48 pm

    BLOGGERS - - ATTN: BLOGGERS These results are NOT typical !

    Over 450 comments to a single post in 2 days is NOT typical.
    This product does work - but it could take you a substantial amount of time, effort, and cultivation of super ninja abilities to achieve this type of
    result. Please refer to the other product “Mass Control” list above…WAY above, for further details.

  461. Jeff in Oregon said

    am October 8 2009 @ 9:50 pm

    Make that - - “Mentioned above” since I can’t seem to spell “listed”

  462. » “ALERT” 4 Friday Oct. 9 internetmarketinghelpblog.com: help with internet marketing success strategies said

    am October 8 2009 @ 10:36 pm

  463. Mike Brockman said

    am October 8 2009 @ 11:38 pm

    Thanks Frank.
    You’ve once again managed to explain a serious matter in an entertaining way.
    I’m curious how these new regulations will affect marketers outside the U.S.
    Does the FTC have any jurisdiction over people living in other coutries?

  464. Maria Gudelis said

    am October 9 2009 @ 12:37 am

    Absolutely the most brilliant way to explain WTF is going on with these new regulations!

    Thanks Frank

  465. Camera Harness Guy said

    am October 9 2009 @ 1:26 am

    this is the first explanation of this FTC thing that actually made sense. thanks for the post Frank

  466. Ciaran Doyle said

    am October 9 2009 @ 4:23 am

    Hi Frank,

    I agree with you completely in the fact that a person should listen and not mess with the FTC, but thats if I were to believe that all testimonails are actually real.

    Alot of marketers actually hire professional copywriters to write their testemonials for them, grab a photo off istock and hey presto they have the best looking testimonail possible.

    So if these guys who blatantly commit fraud are doing this and making millions each year, why should they just follow another ruling?

    just a brain fart

    Ciaran

  467. New FTC guidelines: Beware! | Blog Auto Poster's Blog said

    am October 9 2009 @ 5:51 am

    […] New FTC Thing Is A Bigger Deal Than You Might Think […]

  468. Learn More About The New FTC Rules On Disclosure said

    am October 9 2009 @ 6:13 am

    […] Frank Kern […]

  469. Bonnie Browne said

    am October 9 2009 @ 6:28 am

    Thank you for the information. I wonder if we will ever go back to the days when people had to use their common sense? Or don’t they have any anymore?

  470. Lynn Brown said

    am October 9 2009 @ 8:55 am

    Thanks Frank! Another well put together take on the FTC changes. It is amazing how just a couple of words changes the way people think so then the big regulations person has to change things up - I guess they have to stay in business some how, right?

    I have a whole web page of testimonials, but thankfully it is all about how they love my product. So I guess I am safe for now?

  471. Musings by Jonathan Freeman » Blog Archive » New FTC Thing – Bigger Deal Than You Might Think said

    am October 9 2009 @ 10:09 am

    […] Website: Mass Control » New FTC Thing Is A Bigger Deal Than You Might Think. Category: Uncategorized 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. […]

  472. Cathy Goodwin said

    am October 9 2009 @ 10:47 am

    Frank,

    Thanks for clearing this up. I have always been nervous about results-oriented testimonials. So it looks like it’s back to, “I enjoyed the class and got some interesting ideas.”

    You are so lucky to have a good lawyer who really understands this stuff. A lot of average lawyers don’t.

    Cathy

  473. Ray Tampa Search said

    am October 9 2009 @ 10:52 am

    Frank,

    As always, thanks for the great content. It’s funny as I have already seen a few guys try to SELL their take on the new FTC regulations in the form of an e-book.

    I too think that most people won’t have much to worry about unless you are trying to game the system. But that is as it should be.

    He who follows the rules wins in the long run!

  474. The Sky Is Not Falling - But This Is Definitely a “Game Changer”… said

    am October 9 2009 @ 3:21 pm

    […] can read a more in-depth take on the testimonial issue on Frank Kern’s blog, by the […]

  475. Jorie said

    am October 9 2009 @ 6:02 pm

    Yeah dude I ’bout poked my eye out trying to read all those blogs out there!!

  476. JOJO said

    am October 9 2009 @ 6:04 pm

    I would rather have one of those looooong tapeworms like they had back in the day than have to read a boring blog..but yours are wickedly cool!

  477. JOJO said

    am October 9 2009 @ 6:04 pm

    damn I about poked my eye out

  478. FTC Ruling Changes the Playing Field… said

    am October 9 2009 @ 10:07 pm

  479. BEWARE of Posting Affiliate Links on Your Blog-Part 2 said

    am October 10 2009 @ 2:00 am

    […] Mass Control Guru Speaks (poor soul! ) […]

  480. Matt said

    am October 10 2009 @ 5:12 am

    Can anyone in the “I am (am not) a lawyer (but I know lots about it)” category comment on the true level of compliance, if any, required of material published by non-US citizens where:

    1) Hosting is outside the US (but selling to people inside the US as well)?

    2) Hosting is inside US borders?

    Especially in cases where the products being promoted are also potentially supplied within the US (from places like ClickBank, or as direct affiliate referrals).

    I’m not a big fan of endless testimonials, but I certainly am curious about how such laws can be applied to the global cloud of the Internet, and whether I could (not that I would) sit here in Australia and “cheat” the system Frank (as the example) is forced to adhere to?

    Fascinating topic, especially in the sense that it targets one medium where others (think any non-internet adverts) seem to get away with an awful lot more.

  481. New FTC Ruling Can Help Your Business Grow | Peter's Business Marketing Blog said

    am October 10 2009 @ 7:55 am

    […] “Here’s my advice COMPLY, BY GOD!” and I agree. Frank’s blog post “New FTC Thing Is A Bigger Deal Than You Might Think” is a must read. He gives several good examples  and provides an interpretation of the FTC […]

  482. Dean C Rittenhouse said

    am October 10 2009 @ 8:37 am

    I think it’s great that the FTC is tightening things up a bit. As far as government regulation screwing up the “free market” goes… that’s absurd. There is no such thing as a “free market”. Governments create and regulate markets. There is no free market anywhere! … except for maybe what Bush did to the US banking industry by deregulating it almost completely. That turned out well didn’t it!? Ha ha, “free market”… that’s a good one!

  483. Tracy said

    am October 10 2009 @ 9:40 am

    More fuel for the socialists. People are so programmed to look outside themselves for answers that demand that the FTC make MORE laws to protect them since they are unable to make sensible decisions for themselves (thank you media and the public schools!). Makes me want to puke. And comply, of course.

    Tracy

  484. Matt said

    am October 10 2009 @ 10:16 am

    My favorite part of what you just said…

    “Selling stuff is easy. All you gotta do is give away stuff that makes people happy …and then sell stuff that makes ‘em even happier.”

    Agreed! 100%

  485. Dean C Rittenhouse said

    am October 10 2009 @ 1:02 pm

    I really like the “creativity” of the “socialist” comment. Look… knuckle dragging isn’t a sport and it’s not very attractive. So stop it! You’ll only end up poking yourself in the eye, or something of the sort… poor fellow…

  486. Christien said

    am October 10 2009 @ 1:49 pm

    Hey Frank,

    Thanks for the great time! Your “tongue in check”, straight forward, Hey, be cool, just go for it and have a good time, is a great breath of fresh air.

    Your approach is great, you set a wonderful example of how Life can be, should one choose. You may be a lousy surfer by your own standards, but I consider you to be a superlative human being.

    Keep up the great work. Your presence is making a difference on the Planet.

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

    am October 10 2009 @ 4:00 pm

    […] New FTC Thing is a Bigger Deal Than You Might Think (very important read) […]

  488. Angela said

    am October 10 2009 @ 6:24 pm

    Hi Frank,

    Crap, - more regulation - just what we all need more of right? Well, got into the middle of your Screw Google Campaign, and then got this email. Just when I was setting up Tracking202 (BTW - did they charge you a monthly fee for Stats202?) … and now I’m wondering if by advertising and direct linking to the site if I’m held under the same blanket umbrella just by being an affiliate.

    Any ideas on how this will affect affiliates that are gonna follow the Screw Google Campaign?

    Gosh thank’s for the heads up and your candid comments

  489. Casey said

    am October 10 2009 @ 7:23 pm

    I will look to the TV ads and other talk shows to see if they compile first. I just think the FTC is just a bit hasty. If the commercial ads compile, that would be a good sign for all of us to start too… just my 2 cents

  490. Norene said

    am October 10 2009 @ 7:29 pm

    Frank,
    It’s amazing how you take all of this globbily-gook and boil it down to common sense. Thanks! -Norene

  491. Carlos said

    am October 10 2009 @ 8:30 pm

    How does this affect affiliates outside the U.S.? Are they also covered by this?

  492. Frank Sherman said

    am October 10 2009 @ 10:49 pm

    All you internet marketers and really any business owners need to go to my new blog. I’m an expert on this stuff and I will be adding some great posts on liability protection and legally saving a ton of tax money which is also very cool. The blog site is:http://llcsandcorpsforimers.wordpress.com. I will also address individual situations upon request/comments. Thanks, Franksternvegas.

  493. Jen short said

    am October 11 2009 @ 12:23 am

    To anyone who thinks in kind or believes they are immune due to their location as in Allison Reynolds’ blog statement reguarding this matter “This blog of mine probably doesn’t come under FTC jurisdiction seeing as I am a British Subject living in Australia writing on a blog that is hosted in Europe.” May I suggest you think twice on that, you may well be doing a huge crap in your own nest.

    I WISH TO POINT OUT THAT NO HARM IS INTENDED, NOR ANYONE SPECIFIC PERSON BE SINGLED OUT, IT IS JUST THAT YOU HAPPEN TO BE THE FIRST CAB OFF THE RANK ON THIS ONE.

    It is after all cyberspace and didn’t the Americans create that? Just picture the shock and awe tactics that have been on the news across the world these past few years.

  494. TJ Short said

    am October 11 2009 @ 1:18 am

    Hey Frank looks like you are in the clear, whew. Those guys already grabbed you an shook you up once. AND you

    know the old saying lightning never strkes twice…

    Want to keep in touch with me RIGHT…
    Join me TJ Short on the Gold coast Australian Adventure

    As always Keep it real dude
    Cheers

    TJ Short
    From Your fun online community centre

  495. tom lewis said

    am October 11 2009 @ 3:02 am

    Frank,

    Great post.
    I’m currently still building (populating my site with products) and as far as what I’ve read so far, this new ruling shouldn’t affect me as my site will be totally driven by affiliate links. No Hype, no sales pitch, no testimonials, etc.. Just a graphic image and a 4-5 line leader taken from the product’s affiliate tools or from the sales page. Sorta like using a search engine without the Search, Keywords Search, etc., and all the other SE BS. Very simple and straigh forward Menu/Navigation Bar driven. Even have some of your products there.

    Anything in this new law or anything else that I need to be aware of that I may not be aware of?

    I hope to launch at the end of the month and would like to have everything in order at that time.

    Again THANKS for a Great post.

    Tom Lewis
    tflewis@dslextreme.com
    support@tommysinternetmarketingmall.com

  496. The Game’s Changed for Affiliate Marketers | The Affiliate Marketing Undergrad said

    am October 11 2009 @ 12:27 pm

    […] I’ve been busy trying to get the Jason Gazaway’s Bloggers Payback launch up over the last few days and I JUST read this post and this post here. […]

  497. Gary Bloomer said

    am October 11 2009 @ 6:30 pm

    Frank,

    For some reason my previous post didn’t show up. Or if it did, I can’t find it.

    Anyway. People, when dealing with ANY branch of the federal government—I know from having
    dealt with BCIS, Homeland Security, the INS, the Justice Department, and a gaggle of others:
    comply. Whether you like it or not the FTC CAN do this, they WILL do it, and they ARE doing it.

    Deal with it.

  498. Allison Reynolds said

    am October 12 2009 @ 3:41 am

    re Jen Short…. if you had quoted the rest of what I had written it would have shown that I HAD declared my affiliations….even though there is no need until December 1st

    Thanks for the visit to my blog though :)

  499. New FTC Rules for Bloggers.. How about Affiliates? or PPCers? | Campaign Blasts Blog said

    am October 12 2009 @ 11:48 am

    […] Kern’s take.. […]

  500. Do NOT let the FTC STOMP on yo… » Chris Kilian said

    am October 12 2009 @ 2:30 pm

    […] Do NOT let the FTC STOMP on your biz online: http://masscontrolsite.com/blog/?p=59 […]

  501. michael webster said

    am October 12 2009 @ 6:52 pm

    Frank, this was a reasonable post but many of the people commenting have missed the point. The FTC removal of the safe harbor effects testimonials and all representations. Not using testimonials doesn’t mean that you will be in compliance.

    Most of the marketers selling business opportunities, the chance to make money from a program, are currently offside with the FTC and States Biz Op Laws anyways.

    This change in the FTC guidelines about representations, disclaimers and the safe harbor is just going to make it easier for the FTC to pick off juicy targets.

  502. Bloggers being Crushed under the Weight of new $11,000 FTC Fine :Guru Crusher said

    am October 12 2009 @ 9:09 pm

    […] New FTC Thing Is A Bigger Deal Than You Might Think (frank kern) […]

  503. Ciprian Bud said

    am October 13 2009 @ 1:39 am

    Hey Frank,

    Always with the right information Frank.It’s good to see that when something change or is not working anymore in our industry guys like you are there,see the problem,analyse it and then share the results with the world.
    This little shifts make the difference between mentors like you and average people like me.:D
    Thanks for the sharing Frank!

  504. What Does New FTC Guidelines Really Mean For Bloggers and Affiliates? said

    am October 13 2009 @ 12:21 pm

    […] finally, the best and most entertaining explanation in my opinion, from Frank […]

  505. Robert said

    am October 13 2009 @ 1:14 pm

    Hi Frank,

    Thank you for this.

    Sure beats the blind panic I was planning. ;0)

  506. G said

    am October 13 2009 @ 6:18 pm

    As an official (and avid) reader of Frank Kern material, I do submit his name for consideration as winner of the (unofficial) “Online Marketer Peace Prize.”

    This would be for his relentless dedication and solid contributions to the advancement of lesser marketers (of all types) worldwide.

    Frank’s wit and timeliness are added extras.

  507. Susan Madden said

    am October 14 2009 @ 2:18 am

    Hey Frank, whenever I read your blog, I’m certainly not looking for advice from a sane or normal person and, once again, you have delivered magnificently. Thank you for your easy to understand interpretation of the new FTC guidelines which, I’m sure, is quite an improvement to the legal gibberish you were subjected to. By the way, your readers are far from average…

  508. Paul Baxter said

    am October 14 2009 @ 7:12 am

    Hello Frank - I don’t ever use testimonials but, are testimonials the only ‘point’ in the new rulings?
    Seems to me one needs a lawyer/attorney to do any business on the web - I have affiliate links on my blog so I guess I’ll just shut that down and any other biz type site or blog and screw the ftc and all affiliate programs because I don’t even get questions answered from guys like Wilke, his support email, honesteonline, salehoo and several others - never made one dime anyway from/through those and others.
    Screw the ftc and Google who, I believe, have screwed thousands of legit people.
    The dishonest jerks too have and always will affect the legits.
    My ’should have’ moment? Never to have gotten involved and saved the many thousands of dollars I spent.
    I am broker than broke so it’s adios I guess unless you have something to soothe me by something with which I can make some money.
    Cordially,
    Paul

  509. Veron said

    am October 14 2009 @ 10:26 am

    Hi Frank,

    I read your post the next second I got your email. But, frankly, I wasn’t really understand it for the first time.

    But, my frustration about this FTC thing grew in these few days as it is buzzing everywhere around the Internet and is affecting me directly because I’m using blog to do this kind of product reviews in order to earn commissions.

    Further, I just finished reading John Reese’s IM 2010 report advised us as an Internet marketer do read about the FTC thing even if we’re not in the US. Then, no choice but headed to the FTC website and read about it. Still, not really get it. ;-)

    Then, I just decided to come back to your post and read again, and finally cleared off my worries.

    Thank you so much. Really appreciate it.

  510. Robert Hamborg said

    am October 14 2009 @ 10:33 am

    Frank,

    I follow what goes on and you don’t hear much from me, but…

    I agree most with what you said about testimonials, and add
    that I think anybody who hasn’t figured out they can be manufactured,
    as well as bias, needs to get more education. When have you seen a
    bad testimonial for a product? I’ve always seen them as a part of the ad!
    Of course I was raised to believe none of what I hear, and half of what I see. The thing that kills me about the LAW these days is that they can’t do what they want others to do - Be Clear! They always leave it open to interpretation, always open ended, and so forth!

    It’s a shame in this day and age, that this country runs around the world claiming to fight for the freedom of others, and creating less of it for thier
    own.

    Robert
    Pinkham Communications

  511. FTC Changes Affect Testimonial Advertisements...Bloggers...Celebrity Endorsements | Rose Mis...Kitchen Wisdom Meets Network Marketing Mayhem said

    am October 14 2009 @ 12:16 pm

    […] you want to read what Frank Kern has to say about all of […]

  512. internettraining2go.com » Do you know the Rules from the FTC said

    am October 14 2009 @ 2:04 pm

    […] can read a more in-depth take on the testimonial issue on Frank Kern’s blog, by the […]

  513. Bruce Knapp said

    am October 14 2009 @ 2:07 pm

    Frank,

    This a great explanation on the FTC ruling ….

  514. LareBear53 said

    am October 14 2009 @ 2:30 pm

    Hi Frank,

    As Usual, you are put things into a practical form.

    Thanks for the update, I heard about it on the news
    last week. So I’ve been waiting for new updates on the
    specifics.

    Thanks again;
    LareBear

  515. Kyle said

    am October 15 2009 @ 3:10 am

    Good work Frank. I have been looking at all of your free vids and vids of your buddies. I found my way to make a living and be happy about it!

    Godspeed!

    Kyle
    St. Louis MO

  516. Dush said

    am October 18 2009 @ 6:31 am

    Very useful tip…keep it coming

  517. Leanne said

    am October 19 2009 @ 12:24 am

    Hey Frank,

    I just liked your style of presentation. I had heard your name thrown around enough in the IM world, and that was a testimonial in itself.

  518. New FTC Rules and How they Affect You said

    am October 19 2009 @ 12:59 am

  519. tony said

    am October 19 2009 @ 11:53 am

    hi I like this blog

  520. Allen said

    am October 20 2009 @ 3:53 am

    Thanks for putting in plain English Frank… half the battle isn’t just what the hell’s going on, it’s understanding the grey language used by authorities!

  521. Chad said

    am October 20 2009 @ 9:31 am

    What are the three most common lies in America?
    1. The check is in the mail.
    2. This is a safe investment.
    3. I’m from the government, and I’m here to help you.

    Thanks, Federal Trade Commission!

  522. Kathy said

    am October 20 2009 @ 3:44 pm

    Hi Frank,
    That was very informative, and I’m grateful to you for taking the time out to help us all understand. It’s an important issue! I also love your upbeat look at how changes like this pave the way for more opportunity for those of us who run our businesses with honesty and integrity, and who are in it for the long haul.

    Thanks again for a well written and extremely informative post!

    Warm regards,
    Kath :)

  523. Dima said

    am October 21 2009 @ 8:55 am

    thanks Frank,

    I finally get it what those zany FTC people are trying to get at with their ultra ambiguous ruling!

    Sure makes testimonial style headlines take a beating though…

    “I cured up my confusion about the FTC ruling in just 21 days… and you can too”

    …However, most people will never understand it cos they don’t read Frank Kern’s blog so I wish them the best of luck avoiding the fed’s - UNLESS they’re my competitors ;)

    Mwahahahah

  524. Michael Paloy said

    am October 21 2009 @ 11:46 am

    Right on the money. Goog work Frank. Its always good business to be ethical in your dealings with your customers. In that way you do not have to worry about the FTC.

  525. How I Interpret the New FTC Regulations said

    am October 22 2009 @ 10:35 am

    […] FTC Declares Shenanigans On All Kinds Of Stuff! […]

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

    am October 23 2009 @ 12:43 pm

    […] Frank the inside scoop on the underlying meaning of the new FTC rulings. You can read it at the Mass Control Website Blog […]

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

    am October 24 2009 @ 1:08 am

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

  528. Lex said

    am October 27 2009 @ 7:11 am

    Whoa dude… 527 comments! And some good stuff in there, thanks folks - especially the one that posted the actual links to the FTC documents.

    Your “list” links aren’t working.

    People, be sure to read the actual stuff from the FTC.

  529. Andrew Lee Witherspoon said

    am October 28 2009 @ 11:11 am

    Hi Frank,

    As far as I can understand it, the new FTC ruling only applies to bloggers. Is that true or will static websites also have to post a disclaimer concerning endorsements and affiliate promotions?

    Also, If you have created a general all purpose statement that we can slap on all of our sites, it would be much appreciated if you could share it, thanks.

    BTW, how does one get in contact with you or at least start the process, you are a hard man to reach.

    Don’t worry, no jv proposals, just want to get on one of your training lists. :)

    Andrew

  530. SEO Niche Blogs said

    am October 28 2009 @ 3:42 pm

    Excellent info Frank as always. You have a way of explaining things that makes it easy to understand for just about anyone with a brain. I totally agree, don’t try to get around it, just bend a little and make it work for you. There are always things such as this that comes up from time to time in the marketing world and it has never stopped us before, just made us rethink a few old strategies and create some new ones that comply with the rules. This is one of those rare opportunities disguised as a pain in the butt, less competition means easier promotions and more sales. Thanks!

  531. Doug Reitmeyer said

    am October 28 2009 @ 9:57 pm

    From my experience, it often doesn’t matter is you are doing the right thing or not, at least not initially. When the DOJ or FTC doesn’t understand your business, they get really strange with their actions. Cost us a lot of legal fees until finally it went up high enough or they did enough investigation to determine that we were really the good guys, but it still cost us.

    As always, play it safe and be open and honest. We only have our reputation built on years of following the rules. Keep up the great work Frank! Doug Reitmeyer

  532. Howard Christian said

    am October 30 2009 @ 4:10 am

    Hey Frank, thanks for the info’. Your sense of humor makes it so much easier to understand. But I have a couple of questions could anyone answer this?

    What if you’re not a US citizen & don’t reside in the US? After all our sites are visible from anywhere on the globe.

    And what if you have literally thousands of websites, well maybe hundreds. This could be a reality for people that have been marketing for years & are selling many products & also as affiliates. I’m sure there woud be hundreds of sites that some have that they haven’t visited themselves for ages. So how long does the FCC allow for someone to update all that contact. Many sites have tens of testimonials on them. It could take a lifetime to update if they fall short in an overall way.

    Anyway, I’m interested particularly if you’re a non US nor citizen. I will however taake the info’ seriously & comply.

    Cheers
    Howard.

  533. gman said

    am November 3 2009 @ 1:57 am

    I read a government report that says They guarantee a 37.256% reduction in flatulent internet/marketing by 2011 or you get your tax $ back

  534. tommy said

    am November 3 2009 @ 8:26 am

    E Gads I had to go see my doctor after reading this post.Of course my test results were not typical, not normal, and not representative of my vegetative. state. However in my limited thinking capacity I do believe you are correct. Test-o-whatevers are way over rated. I never read them. I only care about the product. Aw shucks i just like to give em my money!
    Thank You,
    Tommy

  535. New Federal Trade Commission Guidelines – An Internet Earthquake? | Internet Marketing Tips and Strategy To Make Money Online said

    am November 4 2009 @ 2:21 am

    […] Frank Kern (Mass Control) sent me an email today about hisnew blogpost “FTC Declares Shenanigans On All Kinds Of Stuff!”Like that […]

  536. Bob Stone said

    am November 4 2009 @ 10:39 pm

    I think you’re missing a big point, since you didn’t mention it, Frank. The formula of almost every “make money” product (and weight loss product, and dating help product) is the “You can make thousands of dollars doing xyz” based around a story of how the author went from rags to riches in almost no time, and makes thousands of dollars a month (with the clickbank screen shots and paypall account snapshots as proof). What is that but a gigantic personal testimonial? To use you as an example, you don’t use any direct testimonials in your sales page, but you do “testify” that you made millions during various promotions using the principles of Mass Control.

    Um…fine. But, is that typical? Why is it any different for a person to pen a 30 page story about results achieved from the use of xyz product (or the info that makes up the product) versus putting up 5 or 6 lines of a second party story about results achieved using the product?

    I don’t think it is any different. And, I don’t think the FTC thinks it’s different, either. The classic “I started with nothing and within a year was making 10K a month” that is the standard formula of the “how to make money” crowd since Karbo first came up with it over 35 years ago” is now dead.

    That’s what I got out of the FTC ruling. Maybe I’m wrong, but you might want to ask your lawyer about this take.

  537. Bum marketing said

    am November 4 2009 @ 10:49 pm

    Whew !! - like Frank says, sure looks like many IM’ers are going to chicken out and it could very well be an opportunity in disguise - I wonder if this is going to affect other mediums like Television, if so what is going to happen to advertising as a whole ( do they put a disclaimer before each and every ad ?)

  538. Diane said

    am November 6 2009 @ 10:08 pm

    I have been reading email upon email and attended a 1-1/ hour webinar about the FTC changes and I have to say is you boiled this down to a science man! One can read your 5-minute blog on this subject and know exactly what to do! Thanks for clarifying and coming up with suggested solutions - good ones.

  539. Anna Maccani said

    am November 7 2009 @ 10:35 pm

    Hi Frank,

    Thanks again for delivery awesome value and helping us out.
    Much appreciate, please let me know what I can do for you to help your business.
    It was great to meet you at Tony Robbin’s Wealth Mastery - a dream come true!
    And yes I agree, follow the rules!! It’s not worth it.

    Have a fab. day,

    Anna, Toronto, Canada

  540. Jorge said

    am November 8 2009 @ 9:24 pm

    Great stuff my brother! My concern is a disclaimer on my blogs in general, or blatantly announcing in my profile that I am an affiliate earning money from my links.

  541. Rob said

    am November 26 2009 @ 12:57 am

    Good advice.
    Disclaimer: In no way must this be construed, interpreted or implied that I am endorsing you or your business in any way shape or form. I have not been paid, induced, threatened or persuaded to write this and if I should lose a few pounds now or in the foreseeable future that will be in no way attributable to the content of this site, its owner or his staff! Cross my heart!

  542. Edmund Loh dot com » Shift in Internet Marketing Crust Starting 1st December said

    am November 30 2009 @ 3:09 am

  543. Bruce Pott said

    am November 30 2009 @ 10:55 am

    The FTC has enormous power over small business simply because they can “outspend” most individuals in court. They have the resources to crush
    anyone who does not have the resources to mount a defense
    Frank is right. Don’t mess with these guys….Just Comply!

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

    am December 1 2009 @ 11:00 am

    […] 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 here.  Jim Edwards, long-time […]

  545. Will Schwartz said

    am December 8 2009 @ 2:25 am

    Awesome Advice… in the in inimitable Kern style… thanks buddy!

  546. Richard said

    am December 9 2009 @ 4:54 am

    Thanks for clearing that up some, was getting worried for a minute.

  547. Chris said

    am December 24 2009 @ 2:33 am

    hehe.. damn I actually did miss family guy :P

    Frank, just stumbled upon yer blog today and I have to say I like yer style.. its good to see someone stacking lots of cash that still keeps it real! way to go dude stay true

  548. Janet said

    am January 3 2010 @ 7:12 pm

    Like Howard Stern says “Screw the FCC” - and that goes for the FTC too.

    If I didn’t get burned once in awhile, I wouldn’t have learned a damn thing!

    We have a tendency to be skeptical, and yet, many of us avoid the eating right, riding a bike without a helmet, drinking too much, and we don’t heed whatever warnings that our parents may have given us, which is why I’m divorced now. My mom tried to tell him that I was no good for him, he finally caught on.

    Point is, the FTC is out there trying to prevent John and Jane Dumbass from being taken advantage of. And no matter what the FTC does, we’re not going to learn by the mistakes that they’ve prevented us from having, and we’re going to go out and find the folks who don’t care what the FTC says and will screw us anyway.

    Laws are only for those who are going to follow them.

    I’m not saying that I’m looking to take advantage of anyone; however, there WILL be someone out there willing to bend to teach us a lesson.

  549. Jan said

    am January 7 2010 @ 11:14 am

    Glad to get the real deal from you about the new rules.

    Testimonials are not really necessary…like you said. Also, I like your funkazoid method of explaining things after doing all this research.

    Anyone could the necessary particulars to avoid big Trouble.

    thx, Jan

  550. linksjuy said

    am January 18 2010 @ 1:59 am

    I think this is the best OS!!! Thank you guys!!!

  551. Running An Internet Business? Read This! | Rock Star Lifestyle Design said

    am January 28 2010 @ 8:43 am

    […] you want to learn more about FTC stuff, I suggest you head over and read this post by Frank Kern, who knows a thing or 2 about the FTC and […]

  552. Best Clickbank Products said

    am February 16 2010 @ 9:34 am

    nice writing Frank, Thanks for keeping us in the know..as always… :)

  553. Social Media said

    am March 2 2010 @ 10:58 am

    Makes perfect sense. Add this thinking to the new CORE product/video and you’ll be good to go!

  554. Pollynkorect said

    am March 3 2010 @ 4:22 pm

    Too bad the FTC (or a similar agency) doesn’t regulate politicians and the promises & claims they make.

  555. christian louboutin said

    am March 6 2010 @ 12:10 am

    it is interesting and informative article. This has been very helpful understanding a lot

    of things. I’m sure a lot of other people will agree with me.

  556. Todd A. Bishop said

    am March 24 2010 @ 11:27 pm

    Thank You for the update Frank,

    I was told something a long time ago about matters such as this, and the reasoning behind not saying things like, the average person used it as a coaster
    and that is, what, and or why for.

    I was informed not to assume what actually happened or will, since with out actually being present to the events, you really are not presenting facts. This in turn just might get you sued for deplemation of character.

    Weight loss programs can not calculate all the variables involved with
    the average person and how each persons body responds to daily events, such as stress, proper eating cycles, proper hydration, the amount of calories taken in verses the amount burned, and or how many times you chew your food.

  557. escorts sydney said

    am March 25 2010 @ 2:52 am

    I just think the FTC is just a bit hasty. If the commercial ads compile, that would be a good sign

  558. Computer Repair Manchester said

    am March 25 2010 @ 12:23 pm

    Someone gets an amazing result using this product

  559. Chuck Strogish said

    am April 19 2010 @ 11:13 pm

    FTC pretty much says the more money you make or successful you are, the more likely we are going to try to target your blog and sue you for all your $$$ since you have lots.

  560. Danny Scahill said

    am April 22 2010 @ 2:56 am

    That simplifies the FTC 81 page PDF report! Cheers Frank, as always thanks for your down to earth straight forward tips!

  561. Jasper Norton said

    am April 29 2010 @ 2:40 pm

    Very informative, thank you

  562. best reviews said

    am May 5 2010 @ 5:42 pm

    Yup… alot of marketing forget about these guidelines. I will always be keeping up with the latest FTC regulations when it comes to my pre-sale. I do this full time now and would hate to see my site shutdown over a stupid mistake on my part.

  563. best products reviews said

    am May 12 2010 @ 11:57 pm

    I agree. But it all comes down to the saying, “Honesty is the best policy!”

  564. spyware remove said

    am May 19 2010 @ 5:41 pm

    i search your blog form bing,great post,thanks for share

  565. Troy said

    am June 3 2010 @ 4:02 am

    Hey Frank,

    I know i’m a little late out of the blocks. This can be a good thing for the evidence based practitioner and marketer. Let’s hope you’re right and competition wanes a little for the weight loss & get fit market.

    love all your videos too mate.

    cheers

  566. New FTC Thing Is A Bigger Deal Than You Might Think: Web Site Promotion & Internet Marketing said

    am June 4 2010 @ 7:31 pm

    […] var fbShare = {url: ‘http://www.justinkunst.com/new-ftc-thing-is-a-bigger-deal-than-you-might-think/’,size:’large’} From the RSS Feeds of Frank Kern: View full post on Mass Control […]

  567. Laptop Repair Manchester said

    am June 11 2010 @ 10:49 am

    Want to say your article is outstanding. The clarity in your post is simply striking and i can assume you are an expert on this field. Well with your permission allow me to grab your rss feed to keep up to date with forthcoming post. Thanks a million and please keep up the effective work

  568. rotherham web design said

    am June 13 2010 @ 7:14 pm

    Want to say your article is outstanding. The clarity in your post is simply striking and i can assume you are an expert on this field. Well with your permission allow me to grab your rss feed to keep up to date with forthcoming post. Thanks a million and please keep up the effective work

  569. fb siphon said

    am June 23 2010 @ 9:49 am

    Yeh you are right. I can see things are getting more difficult in the future.

  570. anonymous proxy web said

    am June 28 2010 @ 12:29 pm

    Happy to see your blog as it is just what I’ve looking for and excited to read all the posts. I am looking forward to another great article from you.

  571. Jerseys said

    am July 13 2010 @ 9:25 pm

    Yes, some Internet marketers give Internet marketing a bad name. But then now it’s the Internet age, where consumers talk and complain about bad marketers.

  572. IT support Manchester said

    am July 25 2010 @ 9:22 am

    Want to say your article is outstanding. The clarity in your post is simply striking and i can assume you are an expert on this field.

  573. Sim Aurile said

    am July 29 2010 @ 3:03 am

    Thanks for explaining this so well..I appreciate it!

  574. rotherham web design said

    am August 26 2010 @ 2:38 pm

    Thanks for the great post Frank, just discovered your site and will be subscribing.

  575. Cho Yung Tea Review said

    am August 27 2010 @ 4:07 am

    It was a beneficial workout for me to go through your webpage. It definitely stretches the limits with the mind when you go through very good info and make an effort to interpret it properly

  576. rotherham tyres said

    am August 30 2010 @ 3:58 am

    Want to say your article is outstanding. The clarity in your post is simply striking and i can assume you are an expert on this field.

  577. charmed escorts said

    am September 5 2010 @ 7:52 pm

    love this comment Frank: “Lots of people will either screw themselves by not complying with the new regulations, or they’ll try to comply but fail to sell anything because they’re not delivering enough up-front value. Or they’ll just say, “aww …to hell with it” and quit”…

  578. escorts files said

    am September 5 2010 @ 7:55 pm

    Thanks for this post Frank. Very informative and I love how you tackle this topic.

  579. condoms said

    am September 15 2010 @ 6:47 am

    Frank never disappoints with these posts :)

  580. peter said

    am September 17 2010 @ 5:13 am

    Hey Frank
    Thanks a lot for this wonderful post. It is really great. How you manage to get so much information? I am impressed.

  581. Nikki May | Copywriting Services said

    am September 25 2010 @ 7:26 pm

    Thanks Frank,

    I have been looking for some info on FTC - and this has been very helpful.

    Internet marketing is increasingly being affect by these regulations - and it’s important for every internet market to stay on top of these developments.

    I also wanted to say thanks for valuable tips and info on your blog. I am learning a lot!

    Nikki

  582. Kaloyan Roussev said

    am October 11 2010 @ 3:02 am

    I live in Europe and I sell stuff through internet, some of it through US sites. Does this FTC thing concern me, too? Or everything FTC says, for that matter?

  583. Well…What’s next in Internet Marketing. Finding out Quick can Make or Break You said

    am October 20 2010 @ 3:04 pm

    […] in security and the new FTC rulings, here it is again from our friend Frank Kern put in layman terms. Or just peruse his site and the internet and you’ll find many ways for […]

Comment RSS · TrackBack URI

Leave a comment

Name: (Required)

eMail: (Required)

Website:

Comment: