I’ve written many articles here in the iLegal column on the various resources available at the FTC which can help affiliates to stay in compliance, and out of trouble. I still receive inquiries on a regular basis regarding the best places to find compliance information. In order to give you an overall strong resource base, here is a brief summary of, and links to some of the most important informational pieces on the FTC’s website.
News - http://ftc.gov/opa/index.shtml
A quick review of this page on a regular basis will keep you informed of the current posture of the FTC in regard to online advertising issues. Many of the items you will find here are not related to our industry, so it usually only takes a few seconds to scan for relevant information. But if the FTC is taking action against someone or some problem in our industry, you’ll find news of it here when it hits.
Consumer Protection / Business Information - http://ftc.gov/bcp/business.shtm
This link will take you to a listing of all the most pertinent information the FTC has on consumer protection.
Advertising - http://ftc.gov/bcp/menus/business/adv.shtm
This section contains the information most pertinent to our industry. There are numerous articles here that may or may not apply to your business model. You should run through the list, determine which ones apply to the verticals in which you participate, and then carefully read those articles. Several of these articles warrant special attention:
Business Opportunities - http://ftc.gov/bcp/edu/pubs/business/opps/bus68.shtm
Internet: Rules of the Road - http://ftc.gov/bcp/conline/pubs/buspubs/ruleroad.shtm
Disclosure - http://ftc.gov/bcp/conline/pubs/buspubs/bigprint.shtm
Dietary Supplements - http://ftc.gov/bcp/conline/pubs/buspubs/dietsupp.shtm
Dot Com Disclosures - http://ftc.gov/bcp/conline/pubs/buspubs/dietsupp.shtm
Screening Advertisements - http://ftc.gov/bcp/conline/pubs/buspubs/adscreen.shtm
If you become familiar with this list, and stay up to date on the FTC news via the link I’ve provided, you’ll have a great overall understanding of compliance and the FTC. It’s a cliché that “knowledge is power.” However, the reality is that knowledge is simply information. Knowledge is power when it is applied. If you read these FTC guidance pieces, and apply the knowledge to your business, you’ll have empowered yourself to stay out of trouble, and on track to building a successful, long term enterprise.
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Come back to the iLegal column every week as we get specific about the rules, regulations, laws and trends that affect the online advertising industry. Each week we discuss important legal issues, talk about how to avoid the pitfalls, and cover the breaking legal and regulatory advertising industry news.
Legal Disclaimer: Information conveyed in this column is provided for informational purposes only and does not constitute legal advice. These materials do not necessarily reflect the opinions of Digital Moses, and is not guaranteed to be complete, correct, or up-to-date. The column is provided for "information purposes" only and should not be relied upon as "legal advice." This information is not intended to substitute for obtaining legal advice from an attorney. No person should act or rely on any information in this column without seeking the advice of an attorney.
Mark Meckler is the General Counsel for UniqueLeads.com, Inc., and Unique Lists, Inc. Mark sits on the eCommerce and Technology Committee of the Association of Corporate Counsel, and is a member of the International Association of Privacy Professionals.
Copyright 2007 Mark J. Meckler
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