Practical answers to
important questions
on the FTC guides.

bit.ly/UnderstandingFTCGuidelines
Understanding the FTC
Guidelines Webinar
October 8, 2009
Paul Rand Anthony DiResta
President/CEO Partner
Zocalo Group Manatt, Phelps & Phillips, LLC
WOMMA President-Elect WOMMA’s General Counsel

Practical answers to
important questions
on the FTC guides.

How will the FTC
track and monitor
compliance?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

How will the FTC monitor compliance?
The FTC will not be
online 24/7 monitoring
compliance.
Anthony DiResta
Partner
Manatt, Phelps & Phillips, LLC
WOMMA’s General Counsel

How will the FTC monitor compliance?
The FTC will listen to
complaints filed by
consumers, consumer
groups, trade assoc, etc.
Anthony DiResta

Will existing blog
posts be exempt
from FTC scrutiny?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

Will existing blog posts be exempt?
Brands and bloggers are
on notice right now.
Anthony DiResta

Will existing blog posts be exempt?
As of Oct. 5 brands and
bloggers need to be
compliant.
Anthony DiResta

Will existing blog posts be exempt?
The risk exists someone
may submit a complaint
to the FTC for old activity.
Anthony DiResta

Will existing blog posts be exempt?
Brands and bloggers
must be compliant with
any new program
developing today.
Anthony DiResta

Will existing blog posts be exempt?
It is prudent to review old
endorsement activity in
light of the potential risk.
Anthony DiResta

Should marketers
fix old blogger
outreach programs?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

Should old/older programs be fixed?
We should look through
the windshield and not
the rearview mirror.
Anthony DiResta

Should old/older programs be fixed?
Historical activity before
the new regulations are
in the past.
Anthony DiResta

The term ‘Blogger’
is defined how by
the FTC?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

‘Blogger’ is defined how by the FTC?
The FTC uses ‘Blogger’ as
a term to define a person
using social media tools.
Anthony DiResta

Does the FTC see a
difference in sending
an ‘influencer’ free stuff
versus paying someone to
blog about a product?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

Material Compensation vs. Paying Cash
The FTC does not see
a difference between
giving online influencers
product or cash.
Anthony DiResta

Material Compensation vs. Paying Cash
“If any kind of consideration
(cash, prizes, free product) ...
goes from the advertiser to the
agent, that needs to be
disclosed if the purpose ... is to
tout a product or a service.”
Anthony DiResta

What must a brand
communicate to the
online influencers
they work with?
Paul Rand
President/CEO
Zocalo Group
WOMMA President-Elect

Communicating with online influencers
Brands must insist upon
disclosure from the
influencers they work
with.
Anthony DiResta

Communicating with online influencers
Influencers need to
mention how they
received the product
they are talking about.
Anthony DiResta

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Understanding the
New FTC Guidelines
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