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With the new FTC regulations...

Discussion in 'BlackHat Lounge' started by dishnetboi, Jan 17, 2010.

  1. dishnetboi

    dishnetboi Power Member

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    Can I hire people to do video testimonials for my sales page?

    What is the best way to do it and stay in line with the FTC, Or at least not get busted.
     
  2. onlyme

    onlyme BANNED BANNED

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    from my understanding, no you cant...thats what these companies were doing before....what I get out of it, is that the people giving testimonials have to have actually used the product, and seen the results they are advertising, but I may be wrong
     
  3. worldhookah

    worldhookah Newbie

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    I believe if some does a testimonial it must either be posted as an ad or like the last poster said must be someone that has used the product and is not paid.

    The way around this we are using is:
    Giving people samples of tobacco, Telling them feel free to review it.

    Being in the tobacco Game we have to watch the laws closely because we are 1 step above a dam drug dealer. lol

    Just remember 1 thing. Laws are written (and approved) most of the time by the same people that would be apposed to them in theory. Don`t think for 1 minute Marlboro was not behind those closed doors when they came up with the flaverd tobacco Ban. Its a great way of culling the heard is all it is. When you are on top you can ajust stuff to fit your needs.

    Its against the law to sell a minor a cigarette buy Minors can posses tobacco. Ironic to say the least.

    By the way new to the forum. But I appreciate you guys letting us be here.
     
  4. peter2002

    peter2002 Senior Member

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    That has nothing to do with the new FTC regulations. Fake/made up testimonials could get you always in legal trouble. But in my opinion the FTC isn't that much into checking whether or not the testimonials are real.

    MOST important is to not only clearly state that the results shown/stated in the testimonials are NOT typical, BUT to make a statement about the average result users have achieved with the product.

    @OP: I personally think that you can go ahead with your idea, IF you make sure to apply the new rules regarding "average results."
     
  5. dishnetboi

    dishnetboi Power Member

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    Yeah,

    So i could have some testimonials with just average results couldnt i?

    And be ok right?
     
  6. tacopalypse

    tacopalypse Executive VIP Jr. VIP Premium Member

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    don't pay for testimonials

    just write them yourself or scrape them from other sales pages.

    then put a disclaimer at the bottom of your site, in size 1 font and a color 10% darker than the background :p

    or just scrape the disclaimer too
     
  7. dishnetboi

    dishnetboi Power Member

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    But i was referring to video testimonials...

    What should the disclaimer say?
     
  8. penaakul

    penaakul Regular Member

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    the most easiest thing to let someone gives testimonial is...

    choose someone you know, give them money to buy your own product.

    in that way, you have a proof that that person bought your product.

    that's the blackhat way but the safest way.


    but, my personal opinion regarding this issue, just sell it without any testimonial first.

    if your product has been sold, you get 2 benefits. you know that your sales page is strong and

    you can get real testimonials from real people.


    example:

    person A bought your product. then, you email him and ask him to give a comment

    and ask his permission to use it on your sales page. you should also ask him to let

    someone close to him to read/use your product and ask that person to give comment

    about your product too. now, you have a sales page which has proven its

    effectiveness and you just make the sales page have more umphhh by adding those

    testimonials.

    that's it.
     
    Last edited: Jan 17, 2010
  9. agente808

    agente808 Regular Member

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    The disclaimer that "results are not typical" is no longer good enough.

    If the testimonials are paid (in any way), they have to have a disclaimer attached that says something like "the person in this testimonial recieved compensation for this testimonial"

    If your testimonials include results, you are supposed to add a description of what typical results would be, and you would need some way to back up your claim (in theory, an independent study of some sort).

    -if your product is IM related - you could almost make the negative into a positive by claiming something like: "typical results for most people will be to make nothing! Typical people won't follow these simple steps, and won't make $1 - are you typical?" (I've seen this on a few sites years ago, before the FTC started the new rules, seems like it would work)

    In reality the FTC can hardly go after millions of internet marketers, but they are likely to grab a few and really wring their necks publicly in order to make examples out of them.

    The most secure loophole for this is to have your server outside of the US and aim for non-US traffic - then you are mostly out of their jurisdiction. If your site isn't in English, you pretty much won't have to worry about this stuff at all.

    The other workaround would be to have the video testimonials not make any claims as to results - just feel good stuff - it might not sell as well, but maybe better than nothing, and it's safer. "Dishnetboi is such a nice guy and I just loved his course! I felt all warm and tingly after I bought it"

    When in doubt, ask a lawyer!
    (and if you think you need to ask a lawyer, ask yourself if there isn't an easier way first)
     
  10. peter2002

    peter2002 Senior Member

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    The example you are giving in regards to the "average results" won't work anymore with the new FTC regulations. There has to be a clear statement about average results after having USED the product. To make it like "of course you won't see any results if you are not using the product" just won't work ;)

    You are right with your assumption that the FTC will try to make an example out of the poor bastards who will get caught. BUT everyone who gets caught the first time will only get a warning! There will be legal action only when they catch you a second time.
     
  11. dishnetboi

    dishnetboi Power Member

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    Haha yeah.


    Has anyone seen the new taco bell commercial?

    "These results aren't typical, but for me their fantastic!"


    Clever there.. haha
     
  12. agente808

    agente808 Regular Member

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    I didn't see that anywhere... where did you see that?
    -If so, that's a loophole - just do it till you get warned.... how sure are you about that?

    ...or could it maybe be that there's a warning for the first year, then they get tough?

    I'd be interested to know how the warning works...
     
  13. peter2002

    peter2002 Senior Member

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    For the first time you'll get a warning. For the second time they charge you with a hefty fee.
     
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