Showing posts with label FTC Advertising guidelines. Show all posts
Showing posts with label FTC Advertising guidelines. Show all posts

Saturday, February 12, 2011

Google Chrome Will Let Me Keep My Opt-Outs

Google announced today that it's  Chrome will  let me Keep My Opt-Outs, allowing me to opt out permanently from ad tracking cookies, like Adobe Supercookies (But I wonder if embedded flash on Chrome does it or we have to shut the doors on Adobe ourselves, like described in the preceding link).
The  Keep My Opt-Outs is available as an extension for download in Chrome.
The reason behind the Keep My Opt-Outs is the FTC's interest in protecting US consumers from AD tracking companies, with "Do Not Track" initiative. The Network Advertising Initiative (NAI) formed by a group of advertising companies already let people opt out of personalized tracking for the purposes of personalizing advertisements. There are also many online advertisers and trade associations have also joined a major self-regulatory effort to enforce a uniform privacy icon for ads, as well as opt-out guidelines.
The Google's Keep My Opt-Outs is filling the technical void that exists today to just that, The extension alleviate most of the problems of opting out from these ads and yet allow regular ads to appear.
You can read more at Google Public policy blog.

Thursday, October 8, 2009

New FTC Guidelines On Advertising

The US Federal Trade Commission has released revised guidelines for advertising, governing endorsements and testimonials. These guidelines will come into effect on December 1, 2009.
Most notable for us blogger is the fact that it is now required to disclose compensation received directly or indirectly from the seller of that product or service, the blogger endorses.
Google Affiliate Network blog, which you have a link below, have posted a several resources to help you understand these guidelines.
But the ultimately the best is your own legal counsel will be the best source of advise for these situations.
You can review the FTC press release (also found below) or the full text of the FTC guidelines and make yourself familier with the situation.
FTC PRESS RELEASE
For Release: 10/05/2009

FTC Publishes Final Guides Governing Endorsements, Testimonials

Changes Affect Testimonial Advertisements, Bloggers, Celebrity Endorsements

The Federal Trade Commission today announced that it has approved final revisions to the guidance it gives to advertisers on how to keep their endorsement and testimonial ads in line with the FTC Act.
The notice incorporates several changes to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides were last updated in 1980.
Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides – which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as “results not typical” – the revised Guides no longer contain this safe harbor.
The revised Guides also add new examples to illustrate the long standing principle that “material connections” (sometimes payments or free products) between advertisers and endorsers – connections that consumers would not expect – must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other “word-of-mouth” marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement – like any other advertisement – is deceptive if it makes false or misleading claims.
Celebrity endorsers also are addressed in the revised Guides. While the 1980 Guides did not explicitly state that endorsers as well as advertisers could be liable under the FTC Act for statements they make in an endorsement, the revised Guides reflect Commission case law and clearly state that both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement – or for failure to disclose material connections between the advertiser and endorsers. The revised Guides also make it clear that celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media.
The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.
The Commission vote approving issuance of the Federal Register notice detailing the changes was 4-0. The notice will be published in the Federal Register shortly, and is available now on the FTC’s Web site as a link to this press release. Copies also are available from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

Google Affiliate Network: New FTC Advertising Guidelines