An Interesting Find On The FTC Website...

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Advertising agencies or website designers are responsible for reviewing the information used to substantiate ad claims. They may not simply rely on an advertiser's assurance that the claims are substantiated. In determining whether an ad agency should be held liable, the FTC looks at the extent of the agency's participation in the preparation of the challenged ad, and whether the agency knew or should have known that the ad included false or deceptive claims.

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http://www.ftc.gov/bcp/conline/pubs/...s/ruleroad.htm

So basically, if i am reading this correctly, anyone who designs a website can be held liable if the site they design contains untrue information about the product or service the consumer is actually going to be paying for.

I wonder how many designers in the adult industry are actually aware of these FTC rules regarding online advertising?

Regards,

Lee

How the fuck can they hold liable a company that is being paid to produce advertising material??!?! Technically, that can apply to every newspaper ad, business card, tv commercial, etc ever produced.

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Originally Posted by Lee

http://www.ftc.gov/bcp/conline/pubs/...s/ruleroad.htm

So basically, if i am reading this correctly, anyone who designs a website can be held liable if the site they design contains untrue information about the product or service the consumer is actually going to be paying for.

I wonder how many designers in the adult industry are actually aware of these FTC rules regarding online advertising?

Regards,

Lee

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Lee,
It is important to note the main point....look at it one more time:

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In determining whether an ad agency should be held liable, the FTC looks at the extent of the agency's participation in the preparation of the challenged ad, and whether the agency knew or should have known that the ad included false or deceptive claims.

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"Whether the agency knew or should have known....and FALSE or DECEPTIVE CLAIMS"

They will, and have many times in the past, sought damages against companies that promoted things that were clearly false, or that a reasonabale person should have known was false. A perfect example is weight loss products, pyramid schemes, etc.

- Michael

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Originally Posted by Bec

How the fuck can they hold liable a company that is being paid to produce advertising material??!?! Technically, that can apply to every newspaper ad, business card, tv commercial, etc ever produced.

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You'd think!