Blogger Beware-Better Safe Than Sorry
I’m not a lawyer and don’t play one on tv. So I went to the source for some down and dirty info on what the FTC has said. The following article was written by a lawyer, but he’s not YOUR lawyer and you have no relationship with him on that level. So if you have legal questions, check it out with a local lawyer on your own. This article should not be construed as giving legal advice. Read the legal poop, er um, disclaimer at the bottom of the page.
There has been a lot of media attention devoted to the phenomenon of “Mommy Bloggers” getting paid for reviewing products. The uproar does not need to be addressed yet, because the FTC hasn’t enacted any type of regulation on the matter.
It’s always a good idea to consult an attorney if you’re worried about the potential legal repercussions of your actions. The first thing to consider if you do accept payment or free products from a company is disclosure. That’s the main government concern anyway: whether are you exercising fair trade practices and disclosing information that your readers need to know in order to make an informed decision.
Essentially, “the man” doesn’t mind that you’re getting paid (unless of course you fail to report it on your taxes) but Uncle Sam does care whether you and “Big Business” are pulling the wool over the public’s eyes by advertising on seemingly harmless websites created by the “mom next door”.
The most important rule to follow is that fair business practices apply to all types of business endeavors. HINT: if you’re getting paid, you’re doing business and have to play by the rules. Regardless of any FTC ruling, the way you carry yourself online is at stake and will stay with you for a very long time.
At the end of the day, if you’re a “mommy blogger” it’s your reputation on the line and you’ll be fine using common sense. If your gut tells you that you’re review is a little sneaky, don’t post it; if you want to tell people that you were paid, but you’d recommend it anyway: even better. In my humble opinion, if you just tell the truth you’ll stay out of trouble.
Kevin is an Attorney in the DC Metro Area. He obtained his Juris Doctorate from the University of Baltimore in 2005 and currently practices in the areas of Estate Planning, Probate Law and Estate Administration. Kevin is known as The Legacy Advisor where he beckons you to experience life and pursue your dreams! Follow him on Twitter or visit his websites.
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