I have posted the following article as a reminder to everyone that there are rules and ethics involved in Internet marketing and that the U.S. government is now cracking down on all the shady operators roaming the net. To protect yourself I advise you to read the following article by Jim Edwards who is one of the foremost internet Gurus out there. If you are concerned about your own legal status online then you would do well to get a copy of Jim's "The Online Marketer's and Website Owner's Legal information Clinic". He includes a link at the end of the article.
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Jim Edwards
In a recent move that rocked the online world and left many
Internet marketers shaking in their boots, the Federal
Trade Commission (FTC) initiated a sweeping crackdown on
what they termed "Internet Scammers" and "Deceptive
Spammers."
The FTC, along with state and federal officials, filed 45
criminal and civil law enforcement actions and froze the
corporate and personal assets of some defendants.
According to the FTC, they went after a wide array of
deceptive schemes and illegal scams including auction
fraud, illegal sale of controlled substances, bogus
business opportunities, deceptive money-making scams,
illegal advance-fee credit card offers, and identity theft.
In other words, Uncle Sam gave notice that people can no
longer treat the Internet like the Wild, Wild West!
I welcome this long overdue crackdown on real Internet
evildoers. For years, honest business owners suffered
because Internet scammers caused consumer fear and
reluctance to conduct business online. As the government
cleans up the back alleys of the Internet, consumer
confidence will rise and sales will increase.
However, as with any crusade to bring about law and order,
innocent and honest businesses stand a REAL chance of
getting caught in the crossfire.
Let's face it, if you get named in a lawsuit by the
government - even though you may be innocent - you'll still
lose a lot of time, energy, emotion, and money defending
yourself.
If you operate any business online, or plan to set one up,
the following guidelines should help you avoid problems.
** Always Tell The Truth **
Actually, this basic lesson from your Mom ranks the best
way to avoid all kinds of trouble! "The truth shall set you
free" ranks just as appropriate in the online world as in
the offline world.
In fact, in the light of recent events, the truth might
actually keep you out of jail!
** Avoid Outrageous Claims **
Don't make outrageous claims you can't substantiate. A big
difference exists between good copywriting (salesmanship in
print) and making claims that no sane person, or at least
the average person, could ever achieve.
It's one thing to tell people you can show them "how to get
thousands of hits to their website." It's quite another to
say you will "show them how to get 10,000 hits to their
website by tomorrow and make $15,000 this weekend."
** Get The Correct Legal Documents **
Every website should maintain certain legal documents in
order to operate within the guidelines set forth by the
FTC. As with any law, ignorance of the law does not excuse
disobeying the rules!
You must know whether your business needs a disclaimer,
terms of service, privacy notice and other legal documents.
And, by the way, the time to find out you should have
posted them on your site is NOT after you've been served
with legal papers by the government!
** Turn the Tables **
Look at what your business promises and actually delivers
from the standpoint of a consumer.
Would you feel happy or sad once you did business with
yourself?
Would you feel like you got your money's worth, or would
you feel like you'd been held up at gunpoint in the middle
of the night in the mini-mart parking lot?
Your gut answer to that question will go a long way toward
keeping you out of trouble with the government.
Sort of funny how the "Golden Rule" of "do unto others as
you would have them do unto you" keeps cropping up in life
as a way to consistently avoid trouble and heartache.