how big brands handle ftc demands
TRANSCRIPT
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Outline
• FTC Definitions & Guidelines• Types of Compliance Risks
– Examples– BrandVerity Study
• Costs of Non-Compliance• Real World Examples• Proactively Taking Control
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Learn to think like the FTC• Affiliates/Partners are seen as part of a brand’s
marketing channel• If an affiliate/partner makes claims or discusses
an attribute and receives compensation, need to follow guidelines
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FTC Guidelines
An advertisement or promotional message shouldn’t suggest or imply to consumers that it is anything other than an ad
https://girlwithcurves.com/post/132058612904/feather-blazer-high-waist-jeans
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Disclosures
Disclosures must be clearly and conspicuously stated for any sponsored content
"Native Advertising: A Guide For Businesses | Federal Trade Commission". Ftc.gov. N.p., 2016. Web. 20 Dec. 2016."The FTC’S Endorsement Guides: What People Are Asking | Federal Trade Commission". Ftc.gov. N.p., 2016. Web. 19 Dec. 2016.".Com Disclosures: How To Make Effective Disclosures In Digital Advertising". Ftc.gov. N.p., 2016. Web. 20 Dec. 2016.
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BrandVerity Study
• Failure is the Norm– 80% did not include a
disclosure
• Better Together– 79% of posts created through
advertiser and affiliate collaboration included some form of disclosure
• All Disclosures Not Created Equal
– Only 21% of disclosures were adequate
Download Today:
bit.ly/FTCstudy
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Costs of Non-Compliance
• Public Reprimands– For Brands: Loss of customers– For Publishers: Loss of business
• FTC Reprimands– Court Ordered Monitoring– Fines
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Example: Large Agency – Online Retail
• Actions Taken: Extreme Proactivity– Require all affiliate pages to have a proper disclosure on their
pages stating there are paid links– Not allowing any affiliates into program without disclosure
present• Benefit
– Starting their program out with a requirement, rather than having to go back later and educate/enforce
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Example: Credit Card Issuer
• Actions Taken: Unique Disclosure– Each time an affiliate has their card, they have a unique
brand specific advertiser disclosure• Benefit
– Easy to show that they are being proactive– Helpful in monitoring since you can look for specific text
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Example: Large Bank
• Actions Taken: Control Traffic Flow– All referral links leaving publisher site only come from 1 page– All links for a specific card in any article on a page must only
link back to one page on the site that will link back to the bank
• Benefit– Able to ensure that every customer sees the disclosure, TOS,
etc. if all traffic goes through one page
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Tips For A Compliant Program
1. Teach– Yourself– Colleagues– Partners
Teach
Create a ProcessEnforce
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Tips For A Compliant Program
2. Create a process– Review each affiliate site– Capture screenshots– Record remediation actions– Compile report
Create a process
EnforceTeach
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Tips For A Compliant Program
3. Enforce– When an issue is found, contact the affiliate and take action– Keep a record of the issues to show you have a process for taking
action
Enforce
TeachCreate a process
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Summary
• Affiliates/Partners are seen as part of your marketing program
• Any endorsements by affiliates/partners need to have a disclosure if being compensated
• Learn the FTC guidelines for your industry• Teach others what those guidelines are• Develop a compliance process• Enforce the your rules