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One Simple Disclaimer to Mitigate Lawsuits? – Check Out #6!

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This presentation is from Affiliate Summit West 2017 (January 15-17, 2017 in Las Vegas, Nevada). Session description: Are there magic words that can help mitigate your exposure to a lawsuit? Learn the top 5 most common marketing disclaimers and how you can use them correctly. And wait until you hear what’s #6!

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One Simple Disclaimer to Mitigate Lawsuits? – Check Out #6!

  1. 1. www.ifrahlaw.com www.ifrahlaw.com ONE SIMPLE DISCLAIMER TO MITIGATE LAWSUITS? CHECK OUT #6! Affiliate Summit West 2017 Rachel Hirsch, Esquire P (202) 524-4145 /
  2. 2. www.ifrahlaw.com DISCLAIMER #1 – TYPICAL CONSUMER EXPERIENCE P (202) 524-4145 / 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”
  3. 3. www.ifrahlaw.com DISCLAIMER #2 – EXPERT ENDORSEMENTS P (202) 524-4145 / Compensated? Credentials? Adequate Scientific Support? DISCLAIMER: “This is a board-certified doctor, qualified to opine on issues relating to X.” Area of Expertise?
  4. 4. www.ifrahlaw.com DISCLAIMER #3 – AFFILIATE DISCLOSURES P (202) 524-4145 / DISCLAIMER: “I Get Commissions For Purchases Made Through This Link.” Paid Advertisements Simple Disclosure Clear and Conspicuous Buttons/Links Not Adequate
  5. 5. www.ifrahlaw.com DISCLAIMER #4 – PAID ENDORSEMENTS P (202) 524-4145 / 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”
  6. 6. www.ifrahlaw.com DISCLAIMER #5 – SOCIAL MEDIA ENDORSEMENT P (202) 524-4145 / #Contest; #Sweepstakes Reasonable Expectation of Compensation Incentivizing “Likes” DISCLAIMER: “I Am Being Paid For My Endorsement.”
  7. 7. www.ifrahlaw.com DISCLAIMER #6 – P (202) 524-4145 / DISCLAIMER: THIS PRESENTATION IS NOT INTENDED TO BE LEGAL ADVICE, NOR SHOULD IT BE TREATED AS SUCH.
  8. 8. www.ifrahlaw.com BUT REMEMBER… P (202) 524-4145 / 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.
  9. 9. www.ifrahlaw.comwww.ifrahlaw.com 1717 Pennsylvania Avenue Washington, D.C. 20006 www.ifrahlaw.com (202) 524-4145 P (202) 524-4145 / Email: rhirsch@ifrahlaw.com Twitter: TheRealMsHirsch Blog: www.ftcbeat.com Questions?

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