Whoomp! There it Is – Disclosures, Disclosures, Disclosures

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WHOOMP! THERE IT IS DISCLOSURES, DISCLOSURES, DISCLOSURES

Affiliate Summit West 2016Rachel Hirsch, Esq., Senior AssociateP (202) 524-4145 /

www.ifrahlaw.com

www.ifrahlaw.comDISCLOSURE: IF YOU HAVENT READ THE FTC GUIDELINES, YOU MIGHT AS WELL GIVE UP NOW.P (202) 524-4145 /

Updates 2000 Guidance Known As Dot Com DisclosuresTakes Into Account Expanding Use of Smartphones With Small Screens And Rise of Social MediaEnsures That Disclosure is Clear and Conspicuous On All Devices And Platforms That Consumers May Use To View The Ad

www.ifrahlaw.comDISCLOSURE: FAILURE TO FOLLOW FTC GUIDELINES MAY RESULT IN ENFORCEMENT.P (202) 524-4145 /

OPERATION FULL DISCLOSURE

www.ifrahlaw.comDISCLOSURE: FAILURE TO FOLLOW FTC GUIDELINES MAY RESULT IN ENFORCEMENT.P (202) 524-4145 / Failure To Disclose Pricing ConditionsFailure To Disclose Automatic Billing FeatureClaiming Product Capabilities Or Superiority Without SubstantiationPromoting Risk-Free or Worry-Free Trial Period Without Disclosing Additional Costs.Making Broad Claims Without Limitations/Qualifications.

www.ifrahlaw.comDISCLOSURE: IF YOU CANT SEE, HEAR, OR READ THIS DISCLOSURE IT DOESNT COUNT.P (202) 524-4145 / Disclosures Must Be Clear And Conspicuous

Consumers Must Be Able To:

REMEMBER! A Disclaimer Or Disclosure Alone Usually Not Enough To Remedy A False Or Deceptive Claim

Notice

Read

Hear

Understand

www.ifrahlaw.comDISCLOSURE: IF YOU CANT SEE, HEAR, OR READ THIS DISCLOSURE IT DOESNT COUNT.P (202) 524-4145 / Placement and ProximityProminenceUnavoidabilityDistracting FactorsRepetitionDuration of DisclosureUnderstandabilityFormat and LanguageREMEMBER! When Disclosures Cannot Be Made Clearly And Be Made, Forgo the Claim Altogether!

www.ifrahlaw.comDISCLOSURE: IF YOU CANT SEE, HEAR, OR READ THIS DISCLOSURE IT DOESNT COUNT.P (202) 524-4145 / Advertisers Should Be Aware Of: Short Form And Abbreviated DisclosuresTechnological LimitationsProximity

www.ifrahlaw.comDISCLOSURE: TWEETING IS NOT JUST FOR THE BIRDS.P (202) 524-4145 /

CHALLENGE: Limited To 140 CharactersDisclosures: Ad, #Ad, Sponsored, #SponsoredEXAMPLES: COLE HAAN Sponsored Tweets; Kim Kardashian

www.ifrahlaw.comDISCLOSURE: THINK BEFORE YOU LIKE. - FACEBOOKP (202) 524-4145 /

CHALLENGE: Space Is Not An Issue; Its How To Utilize It To Rise To The Top Of Your Readers FeedsTIP: Consider Whether Youre Getting Your Readers To Click The Affiliate/Sponsored Link Before Even Getting To the Disclosure. If so, Your Disclosure May Not Be Effective.

www.ifrahlaw.comDISCLOSURE: THINK BEFORE YOU LIKE. - BLOGGERSP (202) 524-4145 / Bloggers Must Disclose Relationship/Material Connection With Advertiser.Reasonable Monitoring Of Disclosures Is Required By Affiliates/Endorsers, But The Focus Will Ultimately Be On the Advertiser, Not Endorsers.You Cant Talk About Your Experience With A Product If You Have Not Tried It.

EXAMPLE: I Received A Free Baby Product From Brand X In Exchanging For Writing This Review.

www.ifrahlaw.comDISCLOSURE: IF YOU DO NOT FEEL COMFORTABLE DISCLOSING AFFILIATE LINKS, YOU PROBABLY SHOULD NOT BE USING THEM.P (202) 524-4145 /

EX: Affiliate Link: _______.EX: This Post Contains Affiliate Links, Which Means I Receive __ If You Make a Purchase Using This Link.

www.ifrahlaw.comDISCLOSURE: IF YOU ARE GOING TO BILL A CUSTOMER, MAKE SURE THE CUSTOMER ACTUALLY KNOWS ABOUT IT. P (202) 524-4145 / 5 Guiding Principles For Negative Option Offers: Use Understandable Language.Focus On Placement And Proximity.Disclose Terms Before Payment.Obtain Affirmative Consent.Honor Promised Cancellation Procedures.REMEMBER! When It Comes To Negative Option Offers, Disclose, Disclose, And Then Disclose Again!

www.ifrahlaw.comDISCLOSURE: THE KEY TO A GOOD DISCLOSURE IS KNOWING WHEN TO MAKE IT.P (202) 524-4145 / Always Ask Yourself: What Is the Overall Net Impression Of My Ad?

www.ifrahlaw.com1717 Pennsylvania AvenueWashington, D.C. 20006www.ifrahlaw.comP (202) 524-4145 / Email: rhirsch@ifrahlaw.comTwitter: TheRealMsHirschBlog: www.ftcbeat.com

www.ifrahlaw.com

www.ifrahlaw.com