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ONE SIMPLE DISCLAIMER TO MITIGATE LAWSUITS? CHECK OUT #6!
Affiliate Summit West 2017Rachel Hirsch, Esquire
P (202) 524-4145 /
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #1 – TYPICAL CONSUMER EXPERIENCE
Endorser’s Experience Must Reflect What Others Can Also Expect
DISCLAIMER: “Most Women Who Use [PRODUCT] Can Expect To Lose X Pounds in X Months.”
NO!
“Results Not Typical”
NO!
“Individual Results May Vary”
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #2 – EXPERT ENDORSEMENTS
Compensated? Credentials?
Adequate Scientific Support?
DISCLAIMER: “This is a board-certified doctor, qualified to opine on issues relating to X.”
Area of Expertise?
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #3 – AFFILIATE DISCLOSURES
DISCLAIMER: “I Get Commissions For Purchases Made Through This Link.”
Paid Advertisements Simple Disclosure
Clear and Conspicuous Buttons/Links Not Adequate
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #4 – PAID ENDORSEMENTS
Is The Product Free?
Is The Endorsement Obvious? – i.e. “The Kardashian Effect”
Does the Endorser Actually Use the Product?
Is There a Financial Connection With the Advertiser?
DISCLAIMER: “#AD”; “#PAID AD;” “I AM BEING PAID FOR THIS REVIEW”
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #5 – SOCIAL MEDIA ENDORSEMENT
#Contest; #Sweepstakes
Reasonable Expectation of Compensation
Incentivizing “Likes”
DISCLAIMER: “I Am Being Paid For My Endorsement.”
www.ifrahlaw.comP (202) 524-4145 /
DISCLAIMER #6 –
DISCLAIMER: THIS PRESENTATION IS NOT INTENDED TO BE LEGAL ADVICE, NOR SHOULD IT BE TREATED AS SUCH.
www.ifrahlaw.comP (202) 524-4145 /
BUT REMEMBER…
General Disclosure Links Are Not Enough.
Placement of Disclosure Is Important.
Disclosures Must Be Noticeable.
Disclosures Must Be Understandable.
Notations Are Not Enough.
Disclosures Must Clearly Convey Relationships.
The Medium Does Not Change Requirement To Disclose.
Character Limits Do Not Change Obligation To Disclose.
www.ifrahlaw.comwww.ifrahlaw.com
1717 Pennsylvania AvenueWashington, D.C. 20006
www.ifrahlaw.com(202) 524-4145
P (202) 524-4145 /
Email: [email protected]: TheRealMsHirsch
Blog: www.ftcbeat.com
Questions?
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