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	<title>legal aid &#187; Bernie Madoff</title>
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		<title>Running Scared, the Crazy world of rumor&#8217; about blogging and the FTC</title>
		<link>http://typeofattorney.com/running-scared-the-crazy-world-of-rumor-about-blogging-and-the-ftc/</link>
		<comments>http://typeofattorney.com/running-scared-the-crazy-world-of-rumor-about-blogging-and-the-ftc/#comments</comments>
		<pubDate>Fri, 29 Apr 2011 22:44:38 +0000</pubDate>
		<dc:creator>lawsuit</dc:creator>
				<category><![CDATA[Constitutional Law]]></category>
		<category><![CDATA[ftc and the tooth fairy]]></category>
		<category><![CDATA[Administrative Interpretations]]></category>
		<category><![CDATA[Bernie Madoff]]></category>
		<category><![CDATA[Binding Law]]></category>
		<category><![CDATA[Blogger]]></category>
		<category><![CDATA[Blogging]]></category>
		<category><![CDATA[Crazy World]]></category>
		<category><![CDATA[Cup Of Hot Coffee]]></category>
		<category><![CDATA[Disclosure]]></category>
		<category><![CDATA[Doubt Check]]></category>
		<category><![CDATA[Endorsement]]></category>
		<category><![CDATA[Endorsements]]></category>
		<category><![CDATA[Endorsing A Product]]></category>
		<category><![CDATA[Factual Statement]]></category>
		<category><![CDATA[Federal Trade Commission]]></category>
		<category><![CDATA[Federal Trade Commission Act]]></category>
		<category><![CDATA[Ftc]]></category>
		<category><![CDATA[Joke]]></category>
		<category><![CDATA[Lack Of Trust]]></category>
		<category><![CDATA[Nah]]></category>
		<category><![CDATA[Perez Hilton]]></category>

		<guid isPermaLink="false">http://typeofattorney.com/?p=759</guid>
		<description><![CDATA[So what is the real story here and is there reason to be afraid? Is it legal for this current administration to delve into constitutional issues like this, to make up these guides as they go along? What rights do they have to police the internet, and if they do have those rights, how about [...]]]></description>
			<content:encoded><![CDATA[<blockquote><p><strong>So what is the real story here and is there reason to be afraid?</strong></p>
<p>Is it legal for this current administration to delve into constitutional issues like this, to make up these guides as they go along? What rights do they have to police the internet, and if they do have those rights, how about going after some of the real criminals on the internet, believe me there are plenty of them around.</p></blockquote>
<p>There may be some real concern, however for the most part, this is just a bunch of hooey&#8230;</p>
<p>Recently you may have seen or heard many people stating that your website would be removed and that you might go to jail if you don&#8217;t comply with the FTC ruling, in fact there are several products out there, (yes, there are people trying to cash in on this) just like most marketing situations, it is from a lack of understanding.</p>
<p>The first thing you should understand is that this is a guide concerning the use of endorsements and testimonials in advertising.</p>
<p>Naturally it sounds scary but in reality, it hardly ever would effect one of us, perhaps the vaunted perez hilton, but nah probably not, as he just thinks he is a celebrity.</p>
<p>Just kidding, if you are endorsing, a product or service, like in this example, I love this great tasting coffee, you should buy some too, now that would be an endorsement, however, just having a link with a steaming cup of hot coffee next to it is not an endorsement.</p>
<p>Unless you say something like this, I really like this great tasting coffee, you should buy some now, right now, your eyes are getting sleepy, (just kidding) but you get the idea.</p>
<p>As I have heard from a number of people it is better to be safe than sorry, ok sure, I understand, that feeling, in which case a small disclosure at the bottom of your blog or website might be good, but always if you are in doubt, check on it to make sure.</p>
<p>Never take the word of someone say endorsing a product that they are telling you the truth, because they may not be, it sort of fosters a lack of trust.</p>
<p>To be completely honest,  I sincerely doubt that the FTC has time to police every single blogger out there if they did they would never have time to find the bernie madoff&#8217;s of the world&#8230;</p>
<p>Ok, another joke, sorry, but really and truly here is the actual and factual statement made by the FTC.</p>
<p>&#8220;The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.&#8221;<br />
source www.ftc.gov<br />
Want to know why the preceding statement is so important, naturally because the FTC has no formal power to create law, that is for the legislative branch to do and to abide by the will of the people.<br />
Begin disclaimer.<br />
Just so you know, the FTC can cause you a lot of problems, but unless you are making say 200 thousand bucks a day or so blogging, (hey not even perez is doing that) LOL then chances are you have nothing to fear, but remember this is not advice and you should always consult with a professional in all situations where you are not clear about the law and the needs of the law.<br />
End disclaimer.<br />
It is a sad time in this country when we have an agency that is more concerned with the poor bloggers of the world than they are with the hucksters, like bernie madoff, when that kind of thing can go on and on and on, and no one ever figures it out, then people they have got a lot worse problems then us little bloggers, don&#8217;t ya think?<br />
This blogger may or may not receive some form of flattery from the preceeding statements, which may or may not be an opinion, only and so therefore and thus, we may or may not need to put this notice below.<br />
COMMERCIAL ENDORSEMENT DISCLAIMER<br />
Disclaimer of Endorsement: Reference herein to any trademark, proprietary product, or company name is intended for explicit description only and does not constitute or imply endorsement or recommendation</p>
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