Several weeks ago I wrote about today, December 1st, 2009, as the day the new FTC
guidelines would go into effect.

The question for you is: “Have you done what you need to do with your web site?”

As I noted before, you can check out the actual regulations at the FTC web site.

Here are several “plain English” considerations. Note I’m not an attorney and I’m
not giving legal advice here – I’m just sharing what we’ve done.

My friend, Jerry West, recently wrote about 5 areas which we’ve checked out and
implemented. We don’t want any $11,000 fines the FTC has written about.

1. Your Privacy Policy

You need to fully explain what you do with any information you gather from your
web site visitors. over and above visitor entered information (name, email, etc.)
I understand this also extends to data sharing practices, how you handle cookies, etc.

2. Your Terms of Use

You need to include this, period. Jerry also recommends including your full contact
information here (as well as in your Privacy Policy).

Feel free to review the Privacy Policy and Terms of Use on my web site. But just
don’t copy it verbatim – check it out with your attorney.

3. Deceptive Advertising

Just say no.

4. Hidden Continuity Programs

Be totally transparent if you have a “forced” continuity program. We’re advising
clients to discontinue this practice for more than just FTC reasons. Given the
fact that your ongoing programs have great content (they should), I don’t believe
you need to use forced continuty programs.

And when and if people unsubscribe, dont’ make it hard for them.

5. Testimonials

The old practice of using your best performance-based testimonials and saying,
“Results not typical” are dead and gone. Starting today, if you use performance
based testimonials you have to state what the “average” person does.

Most of us know that the average person does nothing.

The solution?

We recommend not using performance based testimonials but use statements from your
customers and clients that talk more about what it’s like to do business with you.

As I noted above, you need to get an opinion from your attorney, but this is the
practice we’re doing (actually have been doing for several years). The bottom line:
don’t take legal advice from me.

In my opinion, the FTC will be looking for “targets” for whom they can make
examples…don’t let it be you.