Are You Aware Of All The Legal Requirements Surrounding The Collection And Publication Of Testimonials?
Are You Aware Of All The Legal Requirements Surrounding The Collection And Publication Of Testimonials?
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Home Page > Law > Internet Law > Are You Aware Of All The Legal Requirements Surrounding The Collection And Publication Of Testimonials?
Are You Aware Of All The Legal Requirements Surrounding The Collection And Publication Of Testimonials?
Posted: Jan 30, 2012 |Comments: 0
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Testimonials are an important part of a sales pitch to prove that the claims made on a sales page can be trusted to be true. Internet purchasers are very suspicious and it is very difficult to overcome this natural suspicion without several well written and believable testimonials. The temptation on the seller to make them up and write them themselves can be very overwhelming, but to do so is not only obvious but highly illegal. So, if you are an Internet Marketer, NEVER even consider such a course of action. The penalties, if, or rather when, you are found out will be very severe. In The United States of America, the procurement and publication of testimonials is governed by the rules of The Federal Trade Commission (FTC). In Australia they are governed by the rules of The Australian Competition And Consumer Commission (ACCC). I do not know the names of the corresponding bodies in other developed countries, but I am sure that there are many similar bodies, with similar rules and regulations all over the world. However even if you live in Outer Mongolia, if you make an Internet sale to an American customer you are still bound by the rules of the FTC, so these regulations are important, wherever you happen to be situated.
I am not an American, nor am I a lawyer, so you cannot rely completely on what I have set out below. This article is just meant to be a general overview of the kind of regulations that must be followed. If you have any serious worries about what you are doing or planning to do, first of all examine the legislation on the pertinent websites, and if you are still unsure, you must seek the advice of a fully qualified professional in the field, as I take no responsibility for any loss incurred by anybody following or attempting to follow my advice. However, I am sure you will find what I am about to write will be of interest and will be thought prevoking.
The key points are as follows:
Even if you receive an unsolicited positive testimonial for your product or service from a satisfied customer or client always contact them and ASK SPECIFICALLY If you can publish their writings on your website as a testimonial to your product or service.
Get their permission to publish the testimonial IN WRITING, together with a copy of the testimonial, (or the video or audio file, if it is one of those forms), their correct full name, not just initials or a pseudonym, their home town and state or district and country of residence. Make sure you keep a copy of the permission either in hard copy or on your well backed-up computer.
If the testimonial is in writing, but there are grammatical or spelling errors, these can be corrected, but do not alter the original intended meaning or style. However return the amended copy back to the original author highlighting the changes you have made and ask again if they will give their written permission to publish the amended version.
If the potential submitter is unsure of his or her ability to write a testimonial talk to him or her and ask them to tell you the good and not so good aspects of your product. If a conversation is impractical ask them just to put down their feelings in note form rather than turning them into a fully-fledged format. You can then write a proper testimonial based on their written or verbal notes, but try to write it in a style that you feel they would use, and does not resemble the rest of your sales page. Again, in these circumstances, send your completed work back to the originator and get their written permission to publish.
If you offer a gift of any kind in return for a testimonial, whether it be in cash or a free or reduced price product or service of any kind, the exact nature of the inducement MUST BE CLEARLY STATED close to each testimonial on your page
Again I emphasise that these are only the key rules and regulations regarding the publication of testimonials and I urge all Internet Marketers who are selling their own products or services on the net to fully investigate the FTC rules and regulations before they publish testimonials from third parties for their merchandise.
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About the Author:
Phil Ramage CA (Scot) CA (Aust)
Semi-retired self-employed accountant, spreadsheet guru & Internet Marketer, Living in Thailand with my wife of 30 years & an adopted beautiful little girl.
For more information and, the opportunity to download a free e-book expanding on the subject of testimonials, go to: http://www.todaysonlinemarketingsolutions.com/testimonials
Phil also has an educational and vibrant blog at http://www.phil-ramage.com
(C) 2011-12 Philip Ramage All rights reserved
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