A few weeks ago we reported on new guidelines emanating from the Federal Trade Commission regarding bloggers and testimonials – first, and regretfully, our reporting on the story wasn’t complete as the initial news reports we came across only addressed one part of the new rules from the FTC.
(Catch up on that part of the story on our SEO blog post from October 7th – we sincerely apologize for only including half the story at first.)
There’s been a lot of buzz around the blogosphere by search engine optimization and web copywriting pros as to the impact of the FTC’s new rules…suffice it to say that much of it has been over blown.
But December 1st, the effective date for the new rules, is fast approaching so we need to try and understand what the FTC is doing and how we can deal with it. To my relief, veteran web copywriter Michel Fortin gives us some good guidance on what this means for your website copy and how it can actually be a net benefit in the long run – however, I need to briefly explain the new rules first.
Since 1980, advertisers could describe unusual results by simply including this simple quote in small print at the bottom – “results not typical”. However, advertisers featuring a testimonial from a consumer who conveys his/her experience as typical when that’s not the case will now have to disclose the results a consumer can generally expect.
Michel uses the example of a marketing program in his blog post.
Say someone purchases this program and immediately starts making $5000 per week. If they do a testimonial proclaiming this fact, they are not lying per se. It may be true they made that kind of money using this program. But a testimonial of that nature usually fails to include the circumstances, or unique situation, that made that kind of income possible.
This person may have been a veteran marketer who had a RolodexTM full of contacts and been in business for many years…a newbie will probably not, initially anyway, make that kind of money using this program. Beginning December 1st, the testimonial will have to ensure people know this from the onset.
We’ve all heard the saying “lying by omission” – well that’s the general principle in play here. In essence the FTC is trying to ensure people come away having reasonable and realistic expectations. To quote Michel, the “…truth is no longer good enough.”
Starting on 12/1 you will need to provide a clear understanding of how and under what circumstances results were achieved. Blanket disclaimers will no longer work.
So how can an SEO copywriter comply with these new rules?
How would it be possible to change all of my testimonials so they comply with the new rules? Michel suggests converting testimonials into case studies. And heck, it may prove to be more valuable to your bottom line in the end.
Case studies give a testimonial more meaning – you have more room to provide context of a particular consumer’s experience. Case studies allow a potential customer to consider all angles so they can realistically judge whether your product/service meets their needs and expectations.
And stay calm, there’s no need to freak out over all this. The FTC is being gracious enough to allow a warning for a first offense so if your stuff is not in compliance, you will have the opportunity to fix it without incurring a fine.
Read Michel’s post on the matter, but remember, what he offers and what we’re offering here isn’t legal advice. Consult with an Internet attorney to fully understand what the new laws and regulations mean. For a more legal perspective, read this handy guide from attorney Mike Young.
And the sample scenarios from the FTC can help you understand the new guidelines much easier than simply reading the guidelines themselves.
Check back soon with the SEO blog for more information regarding the other aspect of the FTC ruling we reported on earlier this month.
