Ask Frank Kern

Government Update - What You Don't Know CAN HURT YOU!


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I haven't talked about this much publicly yet so I'll take the time to do it now.

Link to the video version of this presentation - https://bit.ly/2KXg6X6

Earlier this year, I took a volunteer position on the board of the ERA/ERSP, which is a non-profit organization that works in cooperation with regulatory bodies like the FTC, BBB, and state AGs to help make the direct response industry more compliant.

The job I've volunteered for (in addition to "normal" board member duties) is to help educate the online direct response marketing world on the single biggest threat to our existence:

COMPLIANCE.

As many of you know, I was sued by the FTC in May of 2003.

It was my fault because I was violating all kinds of regulations that I didn't know existed.

Despite my telling that story as much as possible - and doing my best to let my fellow marketers know about the regulations out there, the majority of online businesses I see are NOT compliant with the law.

I believe the reason for this is because people aren't aware of what the laws are.

Here's the deal: WHAT YOU DON'T KNOW *CAN* HURT YOU.

Yesterday, I attended a summit where I was able to hear important issues directly from members of the FTC, state AG offices, and national BBB offices ...as well as from some of the leading compliance attorneys in the country.

Here's a video summary of some of what was discussed - and some things you need to be aware of.

NOTICE: This is NOT legal advice. Seek counsel.

Here are some links you might find useful:

FTC Guidelines: https://www.ftc.gov/tips-advice/business-center/guidance/advertising-marketing-internet-rules-road

ERA/ERSP: http://www.retailing.org (Everyone reading should join this.)

Venbable LLP's Advertising Toolkit: https://www.venable.com/files/upload/Advertising_Tool_Kit.pdf

BBB: http://www.BBB.org

I was able to record some interviews with Former FTC Deputy Director Lee Peeler, the VP of PR for the BBB, and with Peter Marinello of the ERSP.

I'll release those as soon as they're edited.

Meanwhile, I hope you find this helpful! I wish someone would have shown me a video like this back in 2003.

Also - if you have questions about these issues, I really can't help. I'm just giving you a summary of what I took away from the meeting.

I strongly suggest you retain a firm like Venable, join the ERA, and get accredited by the BBB as some good first steps towards compliance.

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Ask Frank KernBy Frank Kern

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