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Here Come the Feds: EBay Warns Affiliate Marketers, Bloggers of “FTC Crack-Down”

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NEW YORK, NY – EBay sent out an email update warning members that they need to be aware of regulations regarding disclosures on products and services they market and that these disclosures must be more prominent than ever.

No longer is a disclosure statement valid if it merely appears buried at the bottom of a post; they’ve got to be clear, conspicuous, and even “unavoidable” to be compliant.

Here are some very interesting takeaways from what I am seeing:

  • Disclosures must be placed “as close as possible” to the claims.
  • Scrolling should not be necessary to find the disclosure.
  • Pop-up disclosures should not be used.
  • Button or links which says DISCLOSURE, LEGAL, etc., are not sufficient.
  • Suggested disclosure on social media platforms includes “sponsored,” “promotion,” “paid ad,” “ad,” or “#ad” and this should begin at the beginning of the post, not at the end.

Non-compliance may have severe consequences.

Notice the “#ad” at the very end of this tweet (however, FTC suggests the “#ad” be in the beginning.) [See page 21 Example 17]

“The FTC is now cracking down on online publishers of all sizes, and as an affiliate marketer, you must be aware of the nuances of its regulations.”

I suggest that if you are promoting products and services on your domains in any way and you are being paid for it, posting sponsored posts, or in any way being compensated for writing about products and services you brush up on the following links below.

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