Tuesday, November 03, 2009

FTC Rules on Testimonials, Bloggers, and Endorsements

Lawyers and law firm marketers beware! New FTC rules require greater accuracy and transparency, effective December 1.

"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."

While the use of testimonials, endorsements and other forms of advertising are closely regulated by state bar associations, some attorneys may try to circumvent these rules through the use of third party marketing services. The FTC rules present another safeguard for consumers, similar to the FTC's earlier CAN-SPAM Act regarding email solicitation.

Read the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising here.

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