A well-known cartoon shows two dogs in front of a computer. The caption reads, "On the Internet, nobody knows you're a dog."
While the cartoon is amusing, the reality is not. The inherent anonymity of the Internet has fostered a number of questionable advertising and marketing practices, such as unsolicited email spam. Over the past decade, Federal and state governments have passed advertising laws that protect consumer privacy and ensure fair and truthful advertising practices online.
If you plan to advertise online -- whether you're buying ads on search engines or direct marketing through email -- you'll need to understand some basic rules. Go to these resources to learn more:
1. Advertising and Marketing on the Internet: Rules of the Road: Discusses the applicability of federal advertising laws to Internet advertising and marketing.
2. Dot Com Disclosures: Describes information businesses should consider as they develop online ads to ensure that they comply with the law.
3. CAN-SPAM Act: Requirements for Businesses
Details the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), which establishes requirements for those who send commercial email. It also spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. Commercial email messages must include: notice that the message is an advertisement or solicitation, an opt-out notice, and a valid postal address of the sender. CAN-SPAM also prohibits falsification of transmission information and deceptive subject headings. The Act creates criminal prohibitions against those who knowingly transmit spam through others' computers without authorization. The Federal Trade Commission may also pursue individuals who knowingly hire others to send deceptive spam.
4. "Remove Me" Responses and Responsibilities
Explains the truthful requirements for claims that you make in any advertisement for your products or services, including those sent by email. This means that you must honor any promises you make to remove consumers from email mailing lists.
Some marketers send email as a quick and cheap way to promote their goods and services. Be aware that the claims that you make in any advertisement for your products or services, including those sent by email, must be truthful.
If your email solicitations claim that consumers can opt-out of receiving future messages by following your removal instructions, such as "click here to unsubscribe" or "reply for removal," then the removal options must function as you claim. That means any hyperlinks in the email message must be active and the unsubscribe process must work. Keep in mind:
* You should review the removal claims made in your email solicitations to ensure that you are complying with any representations that you make.
* If you provide consumers a hyperlink for removal, then that hyperlink should be accessible by consumers.
* If you provide an email address for removal, then that address should be functioning and capable of receiving removal requests. It may be deceptive to claim that consumers can "unsubscribe" by responding to a "dead" email address.
* Any system in place to handle unsubscribe requests should process those requests in an effective manner.
The Federal Trade Commission Act prohibits unfair or deceptive advertising in any medium, including in email. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if it implies something that's not true or if it omits information necessary to keep the claims from bring misleading.
Other points to consider if you market through commercial email:
* Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information. Still, a disclaimer or disclosure alone usually is NOT enough to remedy a false or deceptive claim.
* If you promised refunds to dissatisfied customers, you must make them.
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more.
The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Make sure that your marketing emails are designed to protect your business AND your customers. The last thing a business owner needs is to be hit with an FTC complaint while growing their business.
Happy Marketing!
~Manifest your Business Solutions and build a better business. The original post is on Manifest Business Solutions © copyright, 2011. Share it freely, but you must link back to this source. Regards, Admin
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While the cartoon is amusing, the reality is not. The inherent anonymity of the Internet has fostered a number of questionable advertising and marketing practices, such as unsolicited email spam. Over the past decade, Federal and state governments have passed advertising laws that protect consumer privacy and ensure fair and truthful advertising practices online.
If you plan to advertise online -- whether you're buying ads on search engines or direct marketing through email -- you'll need to understand some basic rules. Go to these resources to learn more:
1. Advertising and Marketing on the Internet: Rules of the Road: Discusses the applicability of federal advertising laws to Internet advertising and marketing.
2. Dot Com Disclosures: Describes information businesses should consider as they develop online ads to ensure that they comply with the law.
3. CAN-SPAM Act: Requirements for Businesses
Details the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), which establishes requirements for those who send commercial email. It also spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. Commercial email messages must include: notice that the message is an advertisement or solicitation, an opt-out notice, and a valid postal address of the sender. CAN-SPAM also prohibits falsification of transmission information and deceptive subject headings. The Act creates criminal prohibitions against those who knowingly transmit spam through others' computers without authorization. The Federal Trade Commission may also pursue individuals who knowingly hire others to send deceptive spam.
4. "Remove Me" Responses and Responsibilities
Explains the truthful requirements for claims that you make in any advertisement for your products or services, including those sent by email. This means that you must honor any promises you make to remove consumers from email mailing lists.
Some marketers send email as a quick and cheap way to promote their goods and services. Be aware that the claims that you make in any advertisement for your products or services, including those sent by email, must be truthful.
If your email solicitations claim that consumers can opt-out of receiving future messages by following your removal instructions, such as "click here to unsubscribe" or "reply for removal," then the removal options must function as you claim. That means any hyperlinks in the email message must be active and the unsubscribe process must work. Keep in mind:
* You should review the removal claims made in your email solicitations to ensure that you are complying with any representations that you make.
* If you provide consumers a hyperlink for removal, then that hyperlink should be accessible by consumers.
* If you provide an email address for removal, then that address should be functioning and capable of receiving removal requests. It may be deceptive to claim that consumers can "unsubscribe" by responding to a "dead" email address.
* Any system in place to handle unsubscribe requests should process those requests in an effective manner.
The Federal Trade Commission Act prohibits unfair or deceptive advertising in any medium, including in email. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if it implies something that's not true or if it omits information necessary to keep the claims from bring misleading.
Other points to consider if you market through commercial email:
* Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information. Still, a disclaimer or disclosure alone usually is NOT enough to remedy a false or deceptive claim.
* If you promised refunds to dissatisfied customers, you must make them.
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more.
The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Make sure that your marketing emails are designed to protect your business AND your customers. The last thing a business owner needs is to be hit with an FTC complaint while growing their business.
Happy Marketing!
~Manifest your Business Solutions and build a better business. The original post is on Manifest Business Solutions © copyright, 2011. Share it freely, but you must link back to this source. Regards, Admin
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