Practical Answers to Important Questions about the FTC Guidelines

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

ARCHIVED WEBIANR Understanding the New FTC Guidelines bit.ly/UnderstandingFTCGuidelines

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Practical Answers to Important Questions about the FTC Guidelines

by Word of Mouth Marketing Association on Oct 11, 2009

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Practical Answers to Important Questions about the FTC Guidelines — Webinar Transcript