For the last few episodes, I’ve talked a lot about marketing and complying with the Federal Trade Commission for the legal side of your business. Primarily, I’ve looked at testimonials and advertising claims. Today, I want to look at the FTC more broadly and why it matters for your marketing.

In this episode, I do a quick review of what the FTC is and discuss FTC compliance in your marketing within a handful of areas you need to consider. You’ll hear about rules you should follow for health claims, expert endorsements, comparative advertising, disclosures, and more. This episode was created with online business owners in mind and covers the areas that are typically most important in your marketing. 

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:32] - Danielle provides a quick overview of the Federal Trade Commission.

[03:31] - What are the most important things you need to know about using testimonials in compliance with the FTC?

[04:31] - Danielle goes over the main criteria for evaluating your advertising claims.

[06:01] - The rules about testimonials also apply to expert endorsements. But here are additional things you need to know.

[07:25] - Be careful making claims in the health and wellness industry. The FTC heavily scrutinizes this market.

[08:18] - What’s the golden rule for health claims and how do you evaluate them in your marketing?

[09:15] - What if you can’t prove your claims are typical of results? Here’s what NOT to do.

[10:11] - Danielle discusses puffery. Besides sounding funny, what is it and why would you want to avoid it?

[11:39] - Referred to by the FTC as comparative advertising, brand comparison has its own rules you must follow.

[12:43] - Before wrapping the episode, Danielle reviews disclosures.

[13:59] - Follow these action steps to ensure your marketing complies with the FTC’s guidelines.

Links & Resources:

Episode 45: “Using Testimonials”

Episode 46: “Marketing with Income Claims”

Businessese

Liss Legal

Income claims are so common in the online business world. I see it in online courses, group programs, and service offers, and there’s been a lot of discussion on both the ethics and efficacy of using them.

Regardless of your point-of-view on that matter, you must take care before you incorporate this type of claim into marketing for your small business. In this episode, I talk about the legal side of using income claims in your advertising.

You’ll discover what you need to know if you use them on your website, social media channels, or anywhere else. I also provide tips on what you can consider when your business is acting as a consumer for other products or services that use these types of claims.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[03:12] - Danielle offers an example of a typical income claim that’s common in the online business world.

[04:19] - More subtle income claims exist too. Here’s how to recognize them.

[04:52] - What does the Federal Trade Commission have to say about making income claims in advertising?

[05:54] - How do the FTC guidelines impact the usage of income claims? Danielle walks you through an example.

[08:36] - Danielle dives deeper into the usage of advertising claims. Do you have substantiation for any income claims you make?

[10:00] - All claims are either explicit or implicit, but both require substantiation.

[11:30] - Consider the following when you look at the disclosure aspect of using income claims in your marketing.

[12:54] - How do you properly disclose to ensure your advertising isn’t deceptive or misleading?

[14:12] - Danielle discusses how you as a small business-owning consumer can evaluate others’ income claims.

[16:30] - Follow these steps when making income claims in your marketing.

Links & Resources:

Episode 45: “Using Testimonials”

FTC’s Business Opportunity Rule

FTC’s Business Guidance Concerning Multi-Level Marketing

FTC Policy Statement Regarding Advertising Substantiation

Businessese

Liss Legal

What is social proof? The concept focuses on how people adopt others’ actions to reflect correct behavior in a social situation. So if someone feels uncertain about something, they’ll look at another person’s behavior to help them make a decision on what to do.

With small businesses, social proof might take the form of case studies, reviews, or even trust icons on websites showing their media mentions. But one of the most common forms of social proof is testimonials which are recommendations from happy clients and customers that talk about the person’s experience using a product or service.

You see testimonials everywhere because they’re so effective, and they can be only a couple of lines to something more in-depth. In this episode, I talk about what you need to know when using testimonials in your marketing and how to get permission to use them from your clients.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:53] - Danielle gives a quick made-up example of a testimonial.

[03:58] - Danielle offers a short recap of the Federal Trade Commission’s main goals.

[05:00] - In the eyes of the FTC, endorsements and testimonials are effectively the same thing. 

[05:58] - Danielle distills some information you need to know to take advantage of the power of testimonials in your marketing.

[07:11] - What do you do if you can’t use a client’s or customer’s testimonial due to unsubstantiated claims about your product or service?

[08:34] - While exact wording in testimonials isn’t necessary, you do need to be careful to avoid this mistake.

[09:26] - Danielle discusses the need to differentiate between testimonials that depict typical vs. atypical results.

[10:54] - If you regularly solicit testimonials, consider adding something to your terms or client agreement. Danielle goes over common things to include.

[12:29] - Is it okay to share screenshots of comments posted on forums or Facebook groups to use as testimonials?

[13:31] - What should you do if you’re asked by an endorser to remove a testimonial they’ve provided?

[14:16] - Danielle reveals your action steps to wrap up the episode.

Links & Resources:

FTC Guide: Use of Endorsements and Testimonials in Advertising

Influence: Science and Practice by Robert Cialdini

Businessese

Liss Legal

The Federal Trade Commission is here to protect against unfair and deceptive advertising practices. And their job includes sponsored content and affiliate marketing. 

In 2013, I talked about the .com disclosures guide released by the FTC nonstop, but since then, bloggers and influencers and brands and agencies have become more comfortable with the disclosure requirements. 

However, if you are new to influencer marketing, either as an influencer or brand, this is an important topic that you need to understand. 

In this episode, I provide an overview of who needs to disclose, when to disclose and how to disclose. I’ll cover disclosure for sponsored content and affiliate marketing. 

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:08] - What does the Federal Trade Commission do? Danielle reveals its two main goals.

[03:34] - Danielle discusses how bloggers felt after the FTC first published digital advertising disclosures in March 2013.

[04:26] - How have things changed since the FTC initially released its .com disclosure guide?

[05:33] - Danielle goes over who needs to disclose sponsored content or affiliate partnerships.

[07:11] - When should you disclose? Here’s the simple answer, and Danielle uses Businessese as an example.

[08:41] - Danielle talks about how to disclose clearly and conspicuously.

[10:47] - Many platforms have branded content tools that may aid with disclosure. But you may still need something additional.

[11:12] - Carefully review the disclosure requirements for sponsored and affiliate content of any brand or agency with whom you work.

[11:56] - The FTC does look at more than just the inclusion of a disclosure. Danielle mentions a couple of other relevant things to remember.

[13:05] - While a lot of the principles for sponsored content disclosure apply equally to affiliate marketing relationships, there is one tricky element to address.

[14:18] - What do you do if your business is the one being promoted?

[15:02] - The episode wraps up with a few disclosure action steps.

Links & Resources:

Disclosures 101 for Social Media Influencers

.com Disclosure Guide

“The FTC’s Endorsement Guides: What People Are Asking”

Businessese

Liss Legal

Plenty of small business owners use an individual or business to carry out a portion of their work. These subcontractors can become part of your business growth strategy and are a great way to delegate tasks to someone else before hiring an employee. If you are a service-based business owner, I’m concentrating on the type of relationships that you’ll have with subcontractors. 

Today I review several important areas for consideration when you’re working with subcontractors including scope of work, payment terms, ownership, intellectual property, and client relationship protection.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:33] - Danielle shares one big caveat before diving into tips for working with subcontractors.

[03:40] - Will your client and the subcontractor have any direct interaction with each other or not? Danielle offers considerations for both scenarios.

[06:12] - Follow these tips to ensure that your subcontractor agreement has a clear scope of work.

[07:25] - How (and when) will your subcontractor be paid?

[07:54] - Some businesses will also include this provision in their payment terms.

[08:17] - Like any contract you enter into, you’ll also want to have this provision in your subcontractor agreements.

[09:46] - Danielle discusses intellectual property rights and ownership of deliverables, including original content, when working with subcontractors.

[12:28] - Can your subcontractor include the work they’ve done on behalf of your clients in their portfolio?

[13:44] - When working with subcontractors, you need to address the confidentiality of both your information and your client’s.

[15:07] - Danielle goes over what you need to know when including non-solicitation clauses in subcontractor agreements to help protect client relationships.

[16:58] - The episode wraps up with your action steps for today.

Links & Resources:

DIY Subcontractor Agreement

Businessese

Liss Legal

Do you dread the idea of finding a lawyer for your small business? I know we lawyers occasionally have a reputation for being expensive, underhanded, full of confusing legalese, and out to exploit whatever (and whomever) we can to make lots of money. But those of us who know we’re not like that find those tropes frustrating.

Hiring a lawyer shouldn’t be a case of avoidance until a last-minute scramble for desperately-needed legal advice forces the issue. I believe that a small business owner needs a lawyer in their corner who knows their business and can help in their journey. But how do you find that lawyer who’s the one for you and your business? In this episode, I give you several tips for researching and hiring a lawyer who’s the right fit for you.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[03:06] - What is the one thing you must always remember when looking to hire a lawyer?

[03:40] - The first tip can go a long way to help you feel more comfortable in this process.

[04:42] - Carefully consider what you need for your business. Danielle offers guidance if you don’t know what you need.

[05:53] - Do this if you know you need individualized advice that a 15-minute free consultation can’t give you.

[06:31] - Beware of making this common mistake with lawyers. Danielle uses her household as an example to demonstrate why.

[08:26] - Danielle reveals the most important tip you should follow when choosing a lawyer. Movies and TV shows might have you thinking otherwise.

[09:18] - How can you find out what the relationship between you and a lawyer will look like before you hire one?

[10:39] - In addition to experience, you’ll want a lawyer who can do this for you as well. Ask these questions before you choose.

[12:03] - Don’t be afraid to consider your budgets and infer about fees. Danielle offers questions to ask lawyers under your consideration.

[12:57] - Follow these action steps during your search to find the right lawyer for your business.

Links & Resources:

Businessese

Liss Legal

At least two sides exist for every contract: the party who issues the contract and the party who reviews and signs it. In an ideal contract situation, each side mutually benefits and feels protected by all the terms contained within it.

This isn’t always the case, though. Sometimes, the signer will see something that doesn’t reflect what they thought was agreed upon. Or a topic mentioned within the contract never came up in the initial discussion.

That’s where contract revisions come in. In this episode, I talk about how to handle revision requests from both sides of the agreement. I offer tips for each side and discuss some of the most commonly revised terms in contracts.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:37] - How should the signer handle revisions of a contract? Step one is fairly simple.

[03:26] - Danielle reveals the next step of the revision process for signers.

[04:27] - What if you run into a worst-case scenario? Here’s what to consider if the agreement doesn’t go as planned.

[05:43] - Danielle gives her recommendation for how to send revisions to the issuer.

[06:22] - Don’t make the mistake of this assumption after you’ve sent a revised contract.

[06:58] - Danielle takes a look at handling revisions from the issuer side.

[08:02] - You have three options for how to respond to clients requesting contract changes.

[08:44] - Most revision negotiations go smoothly. But keep this tip in mind if you reach an impasse and can’t agree on how to proceed.

[09:31] - Danielle covers some of the most commonly revisable terms in a contract by the signer.

[12:02] - This particular revisable term can be a hot button issue. What did Danielle do when she didn’t agree with a client over ownership of services?

[15:42] - Danielle quickly summarizes the steps and reveals actions you should take next.

Links & Resources:

Episode 13: “Content Ownership in Contracts”

Episode 30: “Copyrights 101”

Businessese

Liss Legal

Eleven years since it launched, Instagram has become a go-to marketing platform for many entrepreneurs. Despite frustrations with constant algorithm changes or the added necessity of Facebook, it still remains popular for business visibility and engagement. However, like with any platform, you need to consider the possible legal ramifications to your business.

In this episode, I discuss how to protect your business legally when you use Instagram to market your products or services. I give an overview of some key areas to look over and talk about using testimonials, avoiding false claims, posting disclaimers, and handling direct messages on Instagram in ways to avoid unnecessarily opening yourself up to legal liability.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[02:11] - When posting testimonials, you need to consider these questions.

[03:47] - What if you can’t back up your social proof with evidence? A simple disclosure should cover it.

[04:08] - Be cautious about releasing anything requiring permission to use the name and likeness of clients or customers.

[04:46] - Can you take screenshots of comments and use those as social proof? It depends on what’s written in your contracts/policies.

[05:33] - Beware of making false claims on Instagram. This is an area monitored by the Federal Trade Commission (FTC).

[05:55] - Danielle offers an example of an unsubstantiated claim in the weight loss industry.

[06:23] - Danielle showcases a more subtle unsupported claim, this time in the marketing industry, and discusses the type of language to use instead.

[07:38] - In case you need it, here’s a refresher on what a disclaimer is.

[08:21] - With limited characters allowed on Instagram posts, how do you include the necessary disclaimers?

[09:52] - Handle your responses to DMs on Instagram with care. Danielle discusses why and shares how she crafted a response to a client through a DM.

[11:05] - Direct messages also make addressing confidentiality necessary.

[11:38] - To wrap up, Danielle talks about the action steps you should take next.

Links & Resources:

Instagram Disclaimer Template

Businessese

Liss Legal

Affiliate marketing is one of the most popular streams of income online for both affiliates and companies. You see it everywhere in social media posts, blogs, videos, emails, and even books.

Affiliate programs provide lots of benefits. Companies that offer one get to advertise their products or services through affiliates with minimal investment or risk. They only pay when there are sales. Affiliates get a relatively simple way to earn money for promoting products or services without having to spend lots of money upfront on store inventory.

So today, I talk all about affiliate marketing. I cover the common legal terms and conditions, commissions, and disclosures obligations in affiliate contracts from the perspective of those who run affiliate programs and those who serve as affiliates.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[01:34] - What is affiliate marketing?

[02:34] - Danielle gives a great example of affiliate marketing in action and discusses the potential income affiliates can make.

[03:37] - A cash commission is the most common payment option but not the only one. What other incentives can affiliates receive?

[06:00] - Those who offer affiliate marketing programs should have terms and conditions. Danielle goes over each section.

[07:13] - What if you work with affiliates on a smaller scale and don’t use software for tracking purposes?

[08:08] - Danielle talks about affiliate obligations commonly included in program terms. These are the business’s basic expectations of the affiliate.

[09:50] - In affiliate agreements, companies usually outline obligations and reserved rights on their end, in addition to terms regarding the termination of the agreement.

[10:47] - How are affiliates paid? Danielle discusses common commission terms.

[12:23] - Most companies reserve the right to modify their terms and conditions without notifying affiliates and may put some program restrictions in place.

[13:32] - How does confidentiality play a part in being an affiliate?

[14:19] - Danielle focuses on the other big legal issue for affiliate marketing: disclosure.

[15:54] - Find out the next steps to take, whether you’re an affiliate or a business that offers an affiliate program.

Links & Resources:

Businessese Affiliate Program

Affiliate Terms and Conditions

Referral Agreement

Businessese

Liss Legal

What is scope creep? The term might be new for you, but you’ve probably experienced it if you’re a service-based entrepreneur. Scope creep happens when you exceed the amount of work for agreed-upon deliverables to your client without an increase in pay to match. In other words, you overdeliver in a big way but receive no commensurate compensation in return.

How can you prevent scope creep or stop it in its tracks before it can get out of hand? In this episode, I talk about how you can avoid scope creep by crafting a scope of work that works for you. I also answer some of the most common questions I receive about scope creep.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

In this episode:

[01:59] - Danielle gives an example of how a copywriter can fall into the scope creep trap.

[03:41] - What’s the easiest solution to avoid scope creep?

[04:17] - Danielle offers an example of how a social media manager can specify deliverables in a contract.

[05:40] - In addition, you need to address what happens if you need to change your scope of work. Here’s a clause recommendation.

[06:29] - Keep this in mind when setting scope-of-work expectations in your client agreement.

[07:00] - What do your clients need to know about your deadlines?

[07:35] - Are you better off charging hourly or a flat rate? Danielle discusses setting fees for your scope of work.

[09:42] - Should you state upfront what isn’t included in your scope of work?

[10:38] - How should you handle additional fees for revisions?

[11:13] - Scope creep often starts as one small thing you’re okay with doing. Here’s how you can address it.

[12:14] - What if you run into a client who doesn’t think they need to pay extra?

[13:03] - Danielle wraps up the episode with today’s action steps.

Links & Resources:

Businessese

Liss Legal