Comments on: The FTC and the Unreasonable Case of Disclosure http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/ Book reviews, industry news, and commentary from a reader's point of view Thu, 18 Mar 2010 17:41:40 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Stumbling Over Chaos :: Super Fantastic Mega Bookity Linkity! http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-218621 Stumbling Over Chaos :: Super Fantastic Mega Bookity Linkity! Tue, 20 Oct 2009 08:03:55 +0000 http://dearauthor.com/wordpress/?p=14386#comment-218621 [...] Lots has been written about the new FTC disclosure rules for blogs, which go into effect December 1. Additional info suggests that small book bloggers probably won’t be affected. Anyway, I’m pretty sure I always mention when a book I’m reviewing was received from the publisher as a review copy, and I will continue to do so. And publishers? Sending me a review copy does not mean that I will give the book a favorable review. My main sources for books are the library and my own purchases. I do belong to the IndieBound Affiliate Program, but as far as I know, I haven’t actually earned anything. I’m in it for the nifty book cover thumbnails and links, actually, and not to make any money. [...] [...] Lots has been written about the new FTC disclosure rules for blogs, which go into effect December 1. Additional info suggests that small book bloggers probably won’t be affected. Anyway, I’m pretty sure I always mention when a book I’m reviewing was received from the publisher as a review copy, and I will continue to do so. And publishers? Sending me a review copy does not mean that I will give the book a favorable review. My main sources for books are the library and my own purchases. I do belong to the IndieBound Affiliate Program, but as far as I know, I haven’t actually earned anything. I’m in it for the nifty book cover thumbnails and links, actually, and not to make any money. [...]

]]> By: “Where did you get that keychain?” http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-218437 “Where did you get that keychain?” Fri, 16 Oct 2009 22:17:12 +0000 http://dearauthor.com/wordpress/?p=14386#comment-218437 [...] on the rules: New York Times (reactions in world of online fashion journalism); Dear Author (new rules “will be rife with abuse and misuse and uneven application”); David [...] [...] on the rules: New York Times (reactions in world of online fashion journalism); Dear Author (new rules “will be rife with abuse and misuse and uneven application”); David [...]

]]> By: New FTC guidelines present trouble for book bloggers « AMACOM Books Blog http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217850 New FTC guidelines present trouble for book bloggers « AMACOM Books Blog Fri, 09 Oct 2009 11:05:02 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217850 [...] DearAuthor “The FTC and the Unreasonable Case of Disclosure” by Jane 3. Inappropriate publisher involvement. The new Guide makes advertisers (or those that provide the product so in this case either authors or publishers) liable to the FTC for any misleading statements made by the blogger. Thus, if a blogger says something misleading, then the advertiser (publisher/author) is responsible for misleading the consumer as well. [...] [...] DearAuthor “The FTC and the Unreasonable Case of Disclosure” by Jane 3. Inappropriate publisher involvement. The new Guide makes advertisers (or those that provide the product so in this case either authors or publishers) liable to the FTC for any misleading statements made by the blogger. Thus, if a blogger says something misleading, then the advertiser (publisher/author) is responsible for misleading the consumer as well. [...]

]]> By: Eirin http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217676 Eirin Wed, 07 Oct 2009 15:15:30 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217676 @<a href="#comment-217601" rel="nofollow">joanne</a>: <blockquote>Are ALL the fake and/or dangerous diet plans off the internet so the FTC has time/manpower to worry about this? ALL Automobile ads are true and free of hyperbole? Spammers and Credit Scams have been eliminated? ID Theft is no longer a problem? Health devices sold online are all safe and work as described?</blockquote> This. Especially for bloggers who review fiction. It's not like buying a romance or fantasy novel is a major investment, nor is there any of the inherent danger one could possibly envision in the case of unvetted self-help, non-fiction books. At most, the buyer is out a few bucks, and if someone thinks following the script of The Millionaire Amnesiac Sheik's Secretary in pursuit of happiness is a good idea...she's likely beyond FTC's help anyway. It's a law that's designed to pick at nits, while simultaneously ignoring the big pile of fail right up front. It also, as someone else mentioned, either assumes consumer stupidity, or ignores (or doesn't understand) how readers follow blogs. Most people don't seek out reviews on blogs; they follow blogs that review. It's the distinction between going to a blog, any blog, to check out reviews for a specific product; and following a blog/blogs because the content, reviews included, is interesting. Readers/consumers aren't stupid. I'd even venture to say that it's impossible to, consistently and over time, write a deceptive advertisment-disguised-as-a-review-site and keep any sort of following. Astroturfing isn't hard to spot. There's no meaningful community-building and maintenance. @joanne:

Are ALL the fake and/or dangerous diet plans off the internet so the FTC has time/manpower to worry about this? ALL Automobile ads are true and free of hyperbole? Spammers and Credit Scams have been eliminated? ID Theft is no longer a problem? Health devices sold online are all safe and work as described?

This.

Especially for bloggers who review fiction. It’s not like buying a romance or fantasy novel is a major investment, nor is there any of the inherent danger one could possibly envision in the case of unvetted self-help, non-fiction books.

At most, the buyer is out a few bucks, and if someone thinks following the script of The Millionaire Amnesiac Sheik’s Secretary in pursuit of happiness is a good idea…she’s likely beyond FTC’s help anyway.

It’s a law that’s designed to pick at nits, while simultaneously ignoring the big pile of fail right up front.

It also, as someone else mentioned, either assumes consumer stupidity, or ignores (or doesn’t understand) how readers follow blogs. Most people don’t seek out reviews on blogs; they follow blogs that review. It’s the distinction between going to a blog, any blog, to check out reviews for a specific product; and following a blog/blogs because the content, reviews included, is interesting.
Readers/consumers aren’t stupid. I’d even venture to say that it’s impossible to, consistently and over time, write a deceptive advertisment-disguised-as-a-review-site and keep any sort of following. Astroturfing isn’t hard to spot. There’s no meaningful community-building and maintenance.

]]> By: Eirin http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217669 Eirin Wed, 07 Oct 2009 14:36:45 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217669 @<a href="#comment-217598" rel="nofollow">Carolyn</a>: <blockquote> Here’s a gem of a quote from Mr. Cleland: “If a blogger received enough books, he or she could open a used bookstore.”</blockquote> Right, 'cause opening a used bookstore is a surefire way to earn huge wads of money in a hurry. Can't think why Get Rich Fast spammers aren't flogging that. @Carolyn:

Here’s a gem of a quote from Mr. Cleland:

“If a blogger received enough books, he or she could open a used bookstore.”

Right, ’cause opening a used bookstore is a surefire way to earn huge wads of money in a hurry. Can’t think why Get Rich Fast spammers aren’t flogging that.

]]> By: ag http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217656 ag Wed, 07 Oct 2009 06:33:03 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217656 After all the progress we've made in the last century, we're back to being watched by Big Brother. Boy, oh boy. After all the progress we’ve made in the last century, we’re back to being watched by Big Brother. Boy, oh boy.

]]> By: Evecho http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217643 Evecho Wed, 07 Oct 2009 03:17:58 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217643 What happened to caveat emptor? Oh, look she/he made me buy this but I didn't like it, I'll sic the FTC on them. What happened to caveat emptor?
Oh, look she/he made me buy this but I didn’t like it, I’ll sic the FTC on them.

]]> By: joanne http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217601 joanne Tue, 06 Oct 2009 21:01:24 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217601 <blockquote>For me, it’s going to other blogs or message boards where I’ll have to be careful. </blockquote> I understand, I think, but if you comment on twitter or on another review site, not as Jane @ Dear Author but as Jane Private Citizen, does that make a difference to the FTC regulators? Or is it a such a thin line that you would prefer not to test those waters? By the way, may I say, this all pretty much sucks. Are ALL the fake and/or dangerous diet plans off the internet so the FTC has time/manpower to worry about this? ALL Automobile ads are true and free of hyperbole? Spammers and Credit Scams have been eliminated? ID Theft is no longer a problem? Health devices sold online are all safe and work as described? As someone above said it's such a waste of taxpayers money. Please.

For me, it’s going to other blogs or message boards where I’ll have to be careful.

I understand, I think, but if you comment on twitter or on another review site, not as Jane @ Dear Author but as Jane Private Citizen, does that make a difference to the FTC regulators? Or is it a such a thin line that you would prefer not to test those waters?

By the way, may I say, this all pretty much sucks.

Are ALL the fake and/or dangerous diet plans off the internet so the FTC has time/manpower to worry about this? ALL Automobile ads are true and free of hyperbole? Spammers and Credit Scams have been eliminated? ID Theft is no longer a problem? Health devices sold online are all safe and work as described?

As someone above said it’s such a waste of taxpayers money. Please.

]]> By: Carolyn http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217598 Carolyn Tue, 06 Oct 2009 20:43:23 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217598 Thanks for posting the link to the interview with Richard "Clueless" Cleland. Did he or anyone at the FTC even bother to talk to any bloggers before they made up their rules? It sounds like they made up some rules for imaginary problems with wayward bloggers. Here's a gem of a quote from Mr. Cleland: "If a blogger received enough books, he or she could open a used bookstore." I predict one good lawyer will blow down this house. Thanks for posting the link to the interview with Richard “Clueless” Cleland. Did he or anyone at the FTC even bother to talk to any bloggers before they made up their rules? It sounds like they made up some rules for imaginary problems with wayward bloggers. Here’s a gem of a quote from Mr. Cleland:

“If a blogger received enough books, he or she could open a used bookstore.”

I predict one good lawyer will blow down this house.

]]> By: Wendi B ~ Wendi's Book Corner http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217597 Wendi B ~ Wendi's Book Corner Tue, 06 Oct 2009 20:40:36 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217597 I hope it is ok, but I linked to this post from a Books Ning discussion group for the new FTC Regulations. Please let me know if you would like me to remove the link, but I found your post to be very helpful. :) Wendi I hope it is ok, but I linked to this post from a Books Ning discussion group for the new FTC Regulations. Please let me know if you would like me to remove the link, but I found your post to be very helpful.

:) Wendi

]]> By: Wendi B ~ Wendi's Book Corner http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217588 Wendi B ~ Wendi's Book Corner Tue, 06 Oct 2009 19:49:50 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217588 Love your post! I'm sure there is bound to be more confusion before this is all figured out, but you've helped me understand a little more than I did before. :) So. . . I guess I'll be removing the Amazon Affiliate links (didn't make much anyway - maybe $5-7 over the past year??, I'm also going to post a disclaimer or two on my blog stating what my purpose is (to document the books I read and share my thoughts). I've already got a special note saying "Thanks to ____ for sending me this book for review" or "This book was received courtesy of the publisher for review". . . guessing those will fulfill the requirements. On second thought - think I'll add to my profile stating that I don't receive any compensation for sharing my thoughts - sure wish blogging was a real career! Thanks so much for your insights! ~ Wendi Love your post! I’m sure there is bound to be more confusion before this is all figured out, but you’ve helped me understand a little more than I did before. :) So. . . I guess I’ll be removing the Amazon Affiliate links (didn’t make much anyway – maybe $5-7 over the past year??, I’m also going to post a disclaimer or two on my blog stating what my purpose is (to document the books I read and share my thoughts). I’ve already got a special note saying “Thanks to ____ for sending me this book for review” or “This book was received courtesy of the publisher for review”. . . guessing those will fulfill the requirements. On second thought – think I’ll add to my profile stating that I don’t receive any compensation for sharing my thoughts – sure wish blogging was a real career!

Thanks so much for your insights! ~ Wendi

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217572 Jane Tue, 06 Oct 2009 18:25:48 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217572 <a href="#comment-217526" rel="nofollow">@GrowlyCub</a> No, it's not merely an editor for fixing typos (although we always need those pointed out). It's an entity that would be separate from the reviewers that would take in the money and the product and then disperse to the reviewers and then, I suppose, be responsible for returning the product to the advertiser (in this case, author or publisher). @GrowlyCub No, it’s not merely an editor for fixing typos (although we always need those pointed out). It’s an entity that would be separate from the reviewers that would take in the money and the product and then disperse to the reviewers and then, I suppose, be responsible for returning the product to the advertiser (in this case, author or publisher).

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217571 Jane Tue, 06 Oct 2009 18:24:39 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217571 <a href="#comment-217528" rel="nofollow">@rosecolette</a> That's so kind! I think we'll do our best to comply with the disclosures here at Dear Author. For me, it's going to other blogs or message boards where I'll have to be careful. @rosecolette That’s so kind! I think we’ll do our best to comply with the disclosures here at Dear Author. For me, it’s going to other blogs or message boards where I’ll have to be careful.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217569 Jane Tue, 06 Oct 2009 18:23:50 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217569 <a href="#comment-217529" rel="nofollow">@Maria Zannini</a> I think that the disclosure is made so that you can have the option of totally bypassing the review. I completely understand your point. It's easy to question the validity of a review when the disclosure is made and the disclosure isn't meant to cleanse the review of bias, but to expose the bias so you can make an informed decision. @Maria Zannini I think that the disclosure is made so that you can have the option of totally bypassing the review. I completely understand your point. It’s easy to question the validity of a review when the disclosure is made and the disclosure isn’t meant to cleanse the review of bias, but to expose the bias so you can make an informed decision.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217567 Jane Tue, 06 Oct 2009 18:22:51 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217567 <a href="#comment-217530" rel="nofollow">@katiebabs</a> Any entity that has an individual that takes in the money and product separate from the individual that does the review would probably not have to run a disclosure. @katiebabs Any entity that has an individual that takes in the money and product separate from the individual that does the review would probably not have to run a disclosure.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217566 Jane Tue, 06 Oct 2009 18:22:09 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217566 <a href="#comment-217531" rel="nofollow">@Anna DeStefano</a> I don't think the FTC intends to protect major players, but I do believe that might be an effect of the regulations. @Anna DeStefano I don’t think the FTC intends to protect major players, but I do believe that might be an effect of the regulations.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217564 Jane Tue, 06 Oct 2009 18:20:45 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217564 <a href="#comment-217535" rel="nofollow">@Denise</a> Because we don't have the barrier between who gets the money and product and who does the review. This "barrier" is supposed to bring with it an indicia of trustworthiness. @Denise Because we don’t have the barrier between who gets the money and product and who does the review. This “barrier” is supposed to bring with it an indicia of trustworthiness.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217563 Jane Tue, 06 Oct 2009 18:20:07 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217563 <a href="#comment-217536" rel="nofollow">@rebyj</a> I told Robin earlier that if readers of the blog felt like the FTC made our reviews more trustworthy that I wasn't sure we were the right blog for those readers. @rebyj I told Robin earlier that if readers of the blog felt like the FTC made our reviews more trustworthy that I wasn’t sure we were the right blog for those readers.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217562 Jane Tue, 06 Oct 2009 18:19:34 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217562 <a href="#comment-217539" rel="nofollow">@XandraG</a> I don't think the newspapers had anything to do with it. Instead, I think it was consumer groups pushing for more oversight to prevent astroturfing - or fake grassroots. @XandraG I don’t think the newspapers had anything to do with it. Instead, I think it was consumer groups pushing for more oversight to prevent astroturfing – or fake grassroots.

]]> By: Jane http://dearauthor.com/wordpress/2009/10/06/the-ftc-and-the-unreasonable-case-of-disclosure/#comment-217561 Jane Tue, 06 Oct 2009 18:18:18 +0000 http://dearauthor.com/wordpress/?p=14386#comment-217561 <a href="#comment-217544" rel="nofollow">@Laina</a> The enforcement part hasn't been worked out as far as I know. But there is established law on what the FTC has to do to penalize you. It cannot do it alone, but must present evidence of non compliance to an administrative law judge. @Laina The enforcement part hasn’t been worked out as far as I know. But there is established law on what the FTC has to do to penalize you. It cannot do it alone, but must present evidence of non compliance to an administrative law judge.

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