“I am/We are, by law, required to inform you that the results you see reported on this page are NOT typical. It is impossible for me/us to determine precisely typical results because although we ask customers to report on their results, not everyone does, of course. This means that we can’t accurately say what “average results†are. It is safe to say, though, that the people who report terrific improvements in [problem] are NOT average at all because most people will, sadly, do NOTHING with the information contained in [name ofproduct].
But if you take a look at the title of the Ecourse — it's interesting because it refers to Secrets Making "Other" Writers Rich. So I am not saying that "Johnny Surfer" will get rich. Do you see what I am getting at here.
Yet the average person seeing a title laid out in this fashion subconsciously wants it to apply to him or her and so believes it that way. Technically all I am saying is that other writers are getting rich — I would love to hear your thoughts on the concept.
Jerry
[Jerry, the main issue is that if you make SPECIFIC claims, you have to show they're a generally expected result. Since I'm not a lawyer, I can't comment on specifics. And I'm still unclear on whether or not his ONLY applies to testimonials or to the rest of the letter as well. I plan on assuming the latter right now. I like to try my best to be on the conservative side of the law.]
As far as I am concerned you should be Knighted, well you are in my books anyway!
Right ,I accepted your challenge and got a product up. How much it confirms to your guidelines is questionable ,but you led the way and I followed. I had to bash my way through a few obstacles to keep up with you.
I hooked up with an autoresponder signed up as an affiliate with Jimmy D. Brown. He had some great unique content for his affiliates to use.
I turned that content into a 5-part e course called “Discover The Secrets Making Other Writers Richâ€. Then I hit an obstacle – No money for web hosting yet. Squidoo is too heavy on memory for my slow 104kbs dial up internet speed.
I searched around and was able to find info that allowed me to “tweakâ€a blogger blog so that it ended up looking like a regular mini-site. I think you once mentioned them as “faux blogsâ€?
At the moment I am busy typing my butt off trying to get as many articles out the door to promote it. I would love you to tell me how people write 10-20 articles in a day!
I mean are these articles that people would want to read?
Or are they merely something semi-acceptable to get an anchor text backlink for page rank purposes. (Thanks for the anchor text tidbit I finally understand how to use that)
At my best, the most I have ever done was six but I could not even keep that up for long.
Traffic to my e course was a bit slow so I put out another course in the weight loss market .This one is a 9-part called…“Get Rid Of Your Celluliteâ€. The landing page with the opt in box included is here
Not to sure how legal these pages are though? I included Privacy and Content pages – these are just more “separate†blog address pages linked.
Obviously the e course is sprinkled with related affiliate products
Well, thats how I got around no money for web hosting and and my slow internet connection speed obstacle.
I realize “Sir Marlon†might make me sound like a “suck-up
“…Tell that to somebody who cares – right now I have seen the light – you're it – and I am gonna follow it for all I am worth.
P.S The Opt-in boxes I picked up at a give away event, always knew they would come in handy one day.
Many Thanks
Jerry
[Jerry, you know. That's a great post. Why? Because you didn't let obstacles stop you. That's one of the first things you have to learn. Two, you did something. And you're learning. A lot of things won't work. A few things will. The few things that do are the ones you run with and pour more effort into.]
Thanks for the chuckle…and for speaking the unvarnished truth.
I confess I started out as part of the 95%, not by design, but rather as a result of information overload I became overwhelmed and didn't know where to start.
The good part at least, was when inspirational ideas came I would write them down.
I also became inured to the false promises and hype. I now have callouses on my "delete" finger.
Now I've regrouped…purchased your design dashboard, read XFactors thread (bought the PDF too) and am researching content for articles to put on niche sites.
I'm going to be in the 5%, no dreaming anymore…well maybe a little:)
[Hi, the adsense sites are particularly vulnerable to Google zapping your account. I like the simplicity John uses when he focuses on seo and his business. Relying on adsense seems fraught with peril. But as John points out. Doing something is better than nothing. And if your sites get whacked, I suppose you could then put banners on the pages or something else to monetize them. If nothing else, you'll learn a lot about site building and seo.]
Thanks Marlon, once again you've made something 'heavy' a little bit 'lighter' for the rest of us.
I will try to wade through the documents but I'll probably only get through one or two pages…IYKWIM
If I run into any problems I'll just say:
"Well Marlon said…" no,no just kidding.
a)Do you think we can look forward to less 'instant riches' type of scams?
b)A few less 'systems' that will make you rich by just joining and waiting for the spillover?
c)Will this weed out some of the 'one hit wonders' that suddenly become the 'only way to make it'?
This would certainly be a boon to all the new folks who are just getting started and can easily become disillusioned. Those of us who have been around for a while know when to click away if it 'sounds too good to be true' but that can't be said for everyone.
I believe that the new 'transparency' will only benefit the industry as a whole simply by encouraging honesty and integrity in business.
I felt an obligation to write about since my customers need to be informed. I'm a layman and not everything I said is 100% technically accurate. You can read my other blog responses about typical and generally expected results vs. average.]
As for the disclaimer, it has to be on the home page or just under the testimonial?
Or it can be in the disclaimer link below?
Franck
[Franck, one, I just read your seo seduction last night. I like it. Why not blow that up into a bigger product that includes everything you need to outsource it? I like your understanding of the topic. I read through your threads in the seo part of Warriors. You have a real practical approach. Now, several of the sites in your sales letter aren't top 10 anymore. So update the letter. But I'd like to read and hear more from you on the topic and your experiences. NOW — The FTC. Here are the laws:
Read them, because really, I'm not a lawyer. Some of the things I said in my issue were a bit inaccurate. Specifically the term is "generally expected results" and "typical results" vs. average. If you can't document the typical result, you can't publish the testimonial. In addition, as I read it, I think the same rule/law/guideline may apply to claims in your overall letter. MY APPROACH Franck will be to take my stuff and have people in 3rd world countries with no college education working for a buck or two an hour DO them. That pretty much proves it's a generally expected result TO ME. Now, is that legal? I think but I'm not sure and haven't consulted with Bob Silbur or any other lawyer. Since you ALREADY outsource your seo work, this shouldn't be that hard for you to do. You CAN use testimonials that are puffery if you can't substantiate a result. But again, as I read it the same rule of law also applies to the rest of your letter. I think there's a discussion on Fortin's blog also. The point here is my article may have led people to believe they could just stick a disclaimer on there like the old days. You can't do that as I read it. If you publish an endorsement or testimonial with a specific result in it, that result has to be a generally expected result or typical.]
Count me among your admirers. Loved the last email – and just about all your stuff. I almost look forward to it. And your videos – love them too. Really – keep up the nice work!
Marlon, also your points were exceptionally well made re buyers of info products usually don't do much with them. You said it better than anyone else I've seen in your email w/your humor, the points are well made.
For example in trading, I'm personally probably going to say something like "Average customer/trader results are that everybody loses their money" or similar.
For info products (and I'll check w/Bob Silber for ideas on this), I think that's all we can say, is that average customer results are nobody makes anything… personally, as I posted on Michel's forum, I'm going to take down most testimonials Dec 1 – June 2010 til some initial case precedents are established, to wait and see what clarification comes out of this. Better safe than sorry, so I contact ftc type attys for ideas, and remove most testimonials for now, til more guidance comes from the ftc on the matter.
-k
[Ken, several things. One, this particular change in law applies to TESTIMONIALS and not overall sales letters. However, as I read it they have other laws/rules/guidelines that say most if not all the same things for your overall sales letter. The one I'd like to know more about is do you have to give typical results for things that are NOT testimonials? Also, "average results" is technically incorrect. I ain't a lawyer. The term they use is "generally expected results" that are substantiated. And "typical results." To me as a layman, there's not a dime's worth of difference between typical results and average. Now, the law does say you can have the equivalent of tests or studies to document typical results. So I'm taking that you could hire people who are the same or less educational and intelligence level of your audience and have them do a trial run. Anyway, I'm sure you've seen it but here are the links:
I think it could work better, OFF Line I do this all the time, I have my sales staff be very blunt about the fact that we are interested in a purchase of our service..Everyone is told to be polite, kind, social/Funny and very blunt. Speak softly and get them to sign on the line which is dotted;NOW!! Anyhow, this is going to be fun to watch. I myself and a newbie and tired of earning 1cent..
[Byron, I understand. So you know how to sell. And you understand business. These things are a good foundation many people don't have. Do you have your target niche selected? Have you created a free report or video to offer people in exchange for joining your email list? Are you writing (or having written) and submitted 5 articles a day? Or are you using ppc? Is your squeeze page up and running? Do you have your blog set up? Do you have your autoresponder in place? These are ALL basics that I can hire people for under $5 an hour to do successfully. So I'm pretty confident you can do them. Once you have people in your target audience joining your list, you begin sending emails with content and sometimes offers.]
Marlon, you are so funny. This hits the nail on the head about why so few people succeed… and points out how silly our compliance may sound.
But it IS a good thing, I suppose, to try and curb the crazy claims that are being made. Maybe those of us who tell the truth about needing to actually work to get results… maybe people will start to believe us and buy our products because those shysters who keep peddling false hope will have to tone down their hype.
Thanks for your humorous perspective on this.
[Hi Arline, I'm GLAD you found some humor in it! And some value. Yes, getting rid of some of the crazy claims will be nice as long as they don't throw the baby out with the bathwater.]
My use of the word "average" is inaccurate. I SHOULD have used the word "typical" and "generally expected result." To a layman like me, it's all the same. But I guess the difference means something to a lawyer. And also, there's a whole ton of stuff in there I didn't discuss. But it all boils down to the same ideas I presented. But I get the point of the law. They don't want people promising things that aren't likely to be a result of buying and using the product. MY point is that in our industry people do NOT USE the products. They just don't. So that distorts what the typical results of usage will be. And the criteria SHOULD be what's the typical result by someone who makes a diligent use of the product. But as I read it, that ain't what the law says. And again, I'm not a lawyer. But it's pretty clear to me that if 95% of the people don't use the "how to " products they buy, the typical results for everyone in our entire industry are pretty much close to zero. Which is like saying that if you put one hand in ice and one on a heating pad on average your temperature is normal. The REAL question is what are the results of people who diligently use products. Now the law DOES afford for conducting tests or something like that for substantiation. So I'll probably pay people overseas to use my products….people from 3rd world countries with no college who work for a buck an hour. And if THEY can do it, it's hard to argue they aren't typical. Maybe that'll fly in a court of law. Maybe it won't. I don't know.]
I'll be sending it out to the folks on my list later today. That paragraph about 2 books, potato, UFOs, and voting in elections almost made me spit my coffee. Too funny.
On the serious side, what you have to say is really worthwhile stuff, of course.
There certainly has been a lot of talk-talk-talk about this issue over the last week. Sure, that's always the first step in solving a problem (pull it apart, look at in a different light, analyse the lay of the land, etc.)…
But then you have to actually DO SOMETHING about it, right?
Your strategy about 1c or $1 is interesting. I'd be interested to hear what others are planning to do. In some ways it'll depend on which niche(s) you play in and what you sell, naturally, but I dunno… any other ideas?
I'm thinking of adding another question to the surveys in my buyers list follow-up sequence which asks customers to DESCRIBE/OUTLINE their experience with the product and say what kind of improvements it helped to make towards achieving [desired outcome].
Offer a SWEET bonus for completing the survey and letting me use it as a testimonial. Then I can collate them every 6 months and come up with (hopefully) an FTC-compliant statement something like:
"I am/We are, by law, required to inform you that the results you see reported on this page are NOT typical. It is impossible for me/us to determine precisely typical results because although we ask customers to report on their results, not everyone does, of course. This means that we can't accurately say what "average results" are. It is safe to say, though, that the people who report terrific improvements in [problem] are NOT average at all because most people will, sadly, do NOTHING with the information contained in [name ofproduct].
However, based on those who have told me/us about applying what they learnt in [name of product], "average results" seem to be [insert gloss of average results based on customer surveys]."
==================
My disclaimer here: Get THIS kind of thing checked by an attorney who is savvy about Internet Law – even if that's not the firm you use for other things (such as your real estate contracts). I just made up the above paragraph off the top of my head!
==================
Something along those lines. I'd like to believe that it has a ring of honesty about it which will resonate with people.
If someone is buying the product for research purposes (as Marlon talked about in the newsletter), they're not interested in raving testimonials anyway, for the most part, I'd say. They're interested in the information for a purpose other than [solving problem X] from the point of a desperate buyer – towards whom those testimonials are, if we're being honest, aimed (just to juice 'em up that little bit extra and tip 'em over the edge "YEAH! ROCK ON! HERE IT IS… THIS TIME, GADGET, THIS TIME, I SHALL WIN!").
And people who WOULDN'T buy without the hype and who might be put off by that kind of statement, well… what can I do? I'd rather see a drop in sales and stay in business, frankly.
At first there MIGHT be a sharp drop as people start seeing these notifications go up around the Net (and you can't TEST which one performs better because to do so would leave you open to the watchdogs biting you on the arse), but as more and more appear, I reckon sales will go back up.
Case in point: Smoking. Here in Australia we have these REALLY, REALLY graphic warning notices on cigarette packets. Like SUPER GROSS stuff. Photos of ACTUAL damage done by smoking: heinous eye cancers, rotting mouths, blackened legs ready for amputation.
Honestly!
I'd been living abroad for a while and came back to find these kind of ads all over, including… WAIT FOR IT…
…ON CIGARETTE PACKETS!
Really shocking stuff.
But I don't a decline in the sale of cigarettes. In fact, a new tobacconist/corner store just opened up in my street a few weeks ago and it's doing a roaring trade. EVERY time I go in there to buy milk, someone is buying ciggies.
So, I don't see what all the fuss is about, in a way. Which leads us to Russell's comment: Nail, head.
But think about the ciggies example.
Hmmm…
————————-
For anyone reading these comments who didn't read through them all, I HIGHLY recommend you read these ones:
Russell Martino – on what the new law is NOT about and, by contrast, what it IS about. Really, really insightful comment in my opinion.
Also, some very good points made by James Cousineau. The video he posted is KILLER! The guy talking, Tim Sales, is presenting an argument in support of MLM, but ultimately that is not relevant. He's making a SUPERB point that is relevant to ANY pursuit. Ever.
You need to watch the whole thing from start to finish, but there is a really good section from 07:00-07:30 and the bit at the end about "odds" is very sweet, indeed. Watch it. (Thanks James)
Ummmm, the term "average results" isn't fair or lets say "technically accurate." They say it has to be generally expected results and those results have to be substantiated. I probably made a mistake in using the word "average" and SHOULD have said "typical" or generally expected result.So what is the typical result people could generally expect to get? And if you can't substantiate it you can't SAY it. A disclaimer won't fix it. I'm not sure the "typical" person can understand all the stuff written above. I'm not 100% sure I should have written the article since I'm not a lawyer. And my layman's explanation isn't technically accurate. Here's what I DO plan to do and POSSIBLY meets the substantiation evidence required I'm going to hire people in 3rd world countries with no college degree working for a buck an hour to follow the procedures in my dashboards and products. If THEY can do it, it's hard to argue that isn't a typical result.]
Your article is to the point(great) and with a twist of humor(even better). You inspire me to keep on trucking with internet marketing and TAKE ACTION. It's all about TAKING ACTION! Usually there is a positive side to any situation and you found it. I look forward to meeting you at UnSeminar 7.
[Elaine, I'm glad you get that. Because really, that's what it all boils down to. The info and know how IS out there in abundance. From me and other very talented marketers. It really just comes down to taking action.]
I signed up for Amazon S3 last month to host my videos, but can't figure out how to set it up. Seems like the site just sends you in a never-ending circle. Any advice or resource on how to set your videos up on Amazon?
[Hi, yes it is difficult to figure out. That is why I did extensive training on it in my produce and promote class. It's just like I said in the sales letter for it. IT took me quite a bit of time to figure it out THEN to figure out how to put the video onto my blog using a free player I didn't have to pay a monthly fee for. The video on how to use it is in the produce promote private site. And you can still get on the call on tuesday and the following week. I say that. I may have taken the offer down. I can't remember.]
[Well, I'm going to have to send out an update on it. A friend called and reminded me the law doesn't use the word "average." It says GENERALLY EXPECTED RESULT. So I'm going to email out the url for the law itself and let people read it. To me, generally expected result DOES mean average. But I guess to someone is a lawyer or not a marketer, it means something else. I have to re-read the law myself. I'm not sure what the difference between a generally expected result and average result is. Anyway, at least I made an attempt to explain it in terms people can understand and relate to, even if it's not technical enough.]
That's why I love you man!!! You stinking rock!! I know my product totally stank but I am working on a better version as we speak! And guess what? Another marketing guy that is showing videos on how to creat videos
(please forgive me, I am not a trader but wanted to see what he said!)
He also touted MINDMAP!!! So that's what I am going with, trash the powerpoint! I will post soon! Valerie
Once again you have delivered the goodsand with a lot if humor. I too have bought books for research or information and have never gone beyond the first chapter or two. On the other side their are books, articles, videos and other materials I have devoured and then devoured again because of the amount of information I gained.
As to the instant success desire of the "average" person yhou are right it usually doesn't exist. I have been playing around with the internet marketing business for about 2+years. I have just in the last 3 months started to buckle down and get real serious about it. The result is I have learned more in the last few months than in the previous two years. Also as I am now following the steps I have learned I am starting to get real results.You are right! Until you learn and apply the knowledge you are not really building a business.
Thank you very much. I read the new regulations and it twisted my brain around more then it usually is. The next thing I read was your e-zine and OMG my brain untwisted (well back to its normal state of twisted).
Also your stats on how many people follow through completely really shocked me. They also gave me the nudge I needed to start putting real time into that directory of e-books I have and to advertise the few things I did follow through on but lost interest in.
Thank you again for not being a hype addict 🙂
[Hi Amy, pretty much it's common knowledge in the how to and self improvement industries that 95% of the people never do anything or they do precious little. I try my best to improve on that. It's also true that this applies UP TO the point of spending $5,000. The experience of quite a few people shows that AFTER people cross a threshold of spending $5,000 they'll typically actually attempt to act on what you're teaching them. Below that threshold by and large most people stay as lurkers, dreamers, researchers and everything else. These stats INCLUDE myself and my own experience. My breakthrough came years ago when I spent $5,000 for a Jay Abraham Home Study Protege Program (first one he sold). That psychologically committed me to be more serious and take more action. It also taught me a lot of really good stuff….much or most of which is actually available free on the Internet now. It's largely common knowledge. But at the time it was all amazing info and NOT commonly known at all.]
Great article! I loved it so much I made it today's post over at my blog, link included above. You always make everything so simple even the "stupid" people can figure it out.
Great commentary and point of view, as usual, Marlon (your Canadian/British style of humour is always appreciated). Being a person "on the sidelines" – meaning, I'm Canadian and an observer of the largest capitalistic country in the world (USA) – I am saying, "Finally, those with the power to do something about a run-away train are saying 'You gotta stop trying to fool everyone and start act like a real business'".
Being at an age where many say that I am older than dirt (well, not quite, but well on the way), and having been an entrepreneur for many many years – even pre-Internet (and that seems like just yesterday), I have been appalled by the rampant and blatant so-called testimonials and claims being made by many wannabe Internet Marketing Gurus. Yes, I know, some testimonials and claims are true, but they are few and far between. I've seen claims of great wealth acquired, but the website is poorly done, the video on the page is very amateur and poor quality, and I am sure the guy lives in his parent's basement! If you are going to try and deceive somebody, at least look the part!
A digital product creator spews forth a great new product and puts together an intriguing affiliate package, complete with website, to expand his new business niche. The affiliates slap up the website copy provided, don't make any changes (LOL, many even leave in the "Your Name Here" in pink) and use the testimonials provided by the product creator. They also do not provide any "Safe Harbor" (disclaimer) to downplay the outrageous claims of great wealth achieved. Of course, even the Safe Harbor notices are now not enough for the FTC rulings. And many of these affiliates don't even purchase the product themselves to see if the claims are true and then add their own success story. IT IS TOO EASY TO BE AN AFFILIATE!
Oddly enough, you mention to consult a lawyer … I have mixed feelings on that as most – and I mean MOST – lawyers have no clue at all about the Internet. Therefore common-sense must prevail.
My main business is online education to the Canadian Financial Services Industry – and I have been very successful at it (largest online provider in Canada). We even have courses on Ethics (very popular topic).
All this reminds me of what my Granny used to say, "Always tell the truth as it is hard to remember all the lies. Truth comes naturally."
I just finished digging through my digital storage for this video by Tim Sales "Do Most People Fail?". It is very well done and explains "why" most fail at MLM and Internet Marketing (they are related). Tim explains why there is so much failure and how that skews the "average" incomes. Here is the YouTube link to that video (I could have linked to one of my own websites where I use it, but ..) http://www.youtube.com/watch?v=FclI8hGQgb4
Thank you, Marlon, for stepping up the plate and validating what I have always preached, lectured on, and many times being told that I was a fool for being so "honest" in business. What goes around, comes around.
The main thing that I would like to say Marlon is are you that really sure that what you said was meant to be funny?
It sounded more like the truth to me than the truth!
Remember, it all boils down to the lowest common denominator. Or as Forrest so eloquently stated it: "Stupid is as stupid does."
The average American try's very hard to live up to this!
[Gary, it was both. Humor and truth. But mainly, I wanted my readers and customers to understand when I put outlandish sounding average earning figures like .01 or $1.00 why I'm doing and what it means. And also to develop understanding of other marketers who do the same in order to comply with the law. Plus, for those customers who do have products, I wanted to attract attention to the law so they can read about it and comply.]
Marlon, that's one of your best emails ever (and I've been reading 'em for many many years)… thanks for the lighthearted read (I actually laughed out loud)… and well written as always. Keep up the great work, I admire your energy and expertise.
-ken
[Ken, thanks. Really, it wasn't an issue I particularly wanted to write but it needed to be said. Thanks for commenting here Ken. I'm glad you laughed. That means at least a few people caught the irony of it all.]
How many people pay gym membership fees year after year without ever stepping inside it (but may be intend to workout "some day")? Millions, I believe. I wonder what kind of disclaimer gym owners will have and where it will be posted (on the sign?).
May be something like "The average member is a fat, unhealthy and unfit couch potatoes."
That law is just ridiculous. Hope I spelt that right (I am average).
[Hi, well the law is meant to protect people and I can't fault the FTC for doing that. However, I DO think we have to inform people about the law so when they see rather wacko sounding statistics and disclaimers they understand why they are there. But yes, "The average person who joins this gym gains 20 lbs of fat over 3 years." That's probably a true statement. Thus, joining a gym has a contiguous association with getting fat.]
Every person in America, not just marketers, should read your comments on the new FTC laws reagrding income claims.
Without realizing it, (although I'm CERTAIN you do), you nailed the EXACT reason so many people are drowning in mediocrity in their finances, health, relationships and every important area of life.
There aint' no free lunch.
If you want something beyond than the typical 0.006 success rate people who aren't willing to learn and work stumble into in their health, relationships, finances, etc., you have join that deviant and odd ball group of humans who actually finish the TV repair course, act on the marketing advice, read the health book and make changes in their diet and lifestyle, and so on.
The FTC law is NOT intended to protect unsuspecting consumers from marketers.
The FTC law, at it's essence, is designed to protect individuals from their own childish, irrational belief that all it takes to be a master carpenter is to buy a course on how to use a hammer and then wait for wealthy people to get in line to beg you to build them dream home.
The BIG problem with this is not that so many wallow clulessly in childish naivete when it comes understanding reality. The scary part is that in what may be, (but is probably not), an honest attempt to protect people from themselves, big brother strips away our freedoms and dictates not just what we say, but the way we must think in order to say it properly. Too bad for us.
Thanks for writing this article, it should be required reading for the human race.
PS – Be sure and check out my new book, "How To Win A Real Nobel Prize In 11 Short Days Doing Essentially Nothing… And Make A Cool $1.2 Million In The Process" – available soon with a mind bending testimonial and disclaimers as required by law.
Regards!
[Russell, thanks for your comment. I believe the FTC's intentions are good. They are seeking transparency with consumers. The problem for us as marketers in an aspirational industry is the average person does nothing so this is going to result in some really outlandish sounding disclaimers. As long as people are well informed about WHY those numbers are so low, I don't think it will be an issue.]
Thanks for the awesome article Marlon! I'm a newbie, struggling to get started in Affiliate Marketing, and this latest snag certainly looks like it will makes things a whole lot more difficult, but like you say, you either have what it takes to accomplish something or you don't! I'm pressing ahead and observing the law…nothing ventured, nothing gained.
Thanks again!
Art Howard
[Art, really, it's not a big deal in my opinion. You reveal it's an affiliate link. Who cares? It will not decrease sales in my opinion. And it decreases competition. This is good!]
Marlon, I love reading your stuff and today you had me crying I was laughing so hard about your take on the new FTC law. You always tell it like it is, honest and you pull no punches. I predict your sales will go up with your new disclaimer. You just gained a student & customer for life.
Your concern for your readers comes through every week. You're an inspiration to us out in the trenches, teaching how it's done right. My brother and I just started our business as partners and you are the first person we'll be buying from to learn how to do it right from the start.
Thank you and God bless, you're the best!
Michael Drummer
(soon to be your best student with brother Francis)
[Brother Michael, how are you? Well, I was reticent to write that piece. But I thought it needed to be said.]
“I am/We are, by law, required to inform you that the results you see reported on this page are NOT typical. It is impossible for me/us to determine precisely typical results because although we ask customers to report on their results, not everyone does, of course. This means that we can’t accurately say what “average results†are. It is safe to say, though, that the people who report terrific improvements in [problem] are NOT average at all because most people will, sadly, do NOTHING with the information contained in [name ofproduct].
Hi Marlon, I was just thinking that maybe I have come up with a neat way around this FTC "thing".
In my post above I made mention of an e-course that I managed to get up.
Now the thing is this — I don't think the new law had come into being when I put the site up here http://profitwriters.blogspot.com/
But if you take a look at the title of the Ecourse — it's interesting because it refers to Secrets Making "Other" Writers Rich. So I am not saying that "Johnny Surfer" will get rich. Do you see what I am getting at here.
Yet the average person seeing a title laid out in this fashion subconsciously wants it to apply to him or her and so believes it that way. Technically all I am saying is that other writers are getting rich — I would love to hear your thoughts on the concept.
Jerry
[Jerry, the main issue is that if you make SPECIFIC claims, you have to show they're a generally expected result. Since I'm not a lawyer, I can't comment on specifics. And I'm still unclear on whether or not his ONLY applies to testimonials or to the rest of the letter as well. I plan on assuming the latter right now. I like to try my best to be on the conservative side of the law.]
Hi “Sir Marlonâ€, Jerry here.
As far as I am concerned you should be Knighted, well you are in my books anyway!
Right ,I accepted your challenge and got a product up. How much it confirms to your guidelines is questionable ,but you led the way and I followed. I had to bash my way through a few obstacles to keep up with you.
I hooked up with an autoresponder signed up as an affiliate with Jimmy D. Brown. He had some great unique content for his affiliates to use.
I turned that content into a 5-part e course called “Discover The Secrets Making Other Writers Richâ€. Then I hit an obstacle – No money for web hosting yet. Squidoo is too heavy on memory for my slow 104kbs dial up internet speed.
I searched around and was able to find info that allowed me to “tweakâ€a blogger blog so that it ended up looking like a regular mini-site. I think you once mentioned them as “faux blogsâ€?
I uploaded my squeeze page / sales page here
http://profitwriters.blogspot.com/
At the moment I am busy typing my butt off trying to get as many articles out the door to promote it. I would love you to tell me how people write 10-20 articles in a day!
I mean are these articles that people would want to read?
Or are they merely something semi-acceptable to get an anchor text backlink for page rank purposes. (Thanks for the anchor text tidbit I finally understand how to use that)
At my best, the most I have ever done was six but I could not even keep that up for long.
Traffic to my e course was a bit slow so I put out another course in the weight loss market .This one is a 9-part called…“Get Rid Of Your Celluliteâ€. The landing page with the opt in box included is here
http://cellulitemagic.blogspot.com/
Not to sure how legal these pages are though? I included Privacy and Content pages – these are just more “separate†blog address pages linked.
Obviously the e course is sprinkled with related affiliate products
Well, thats how I got around no money for web hosting and and my slow internet connection speed obstacle.
I realize “Sir Marlon†might make me sound like a “suck-up
“…Tell that to somebody who cares – right now I have seen the light – you're it – and I am gonna follow it for all I am worth.
P.S The Opt-in boxes I picked up at a give away event, always knew they would come in handy one day.
Many Thanks
Jerry
[Jerry, you know. That's a great post. Why? Because you didn't let obstacles stop you. That's one of the first things you have to learn. Two, you did something. And you're learning. A lot of things won't work. A few things will. The few things that do are the ones you run with and pour more effort into.]
Hey Marlon,
Thanks for the chuckle…and for speaking the unvarnished truth.
I confess I started out as part of the 95%, not by design, but rather as a result of information overload I became overwhelmed and didn't know where to start.
The good part at least, was when inspirational ideas came I would write them down.
I also became inured to the false promises and hype. I now have callouses on my "delete" finger.
Now I've regrouped…purchased your design dashboard, read XFactors thread (bought the PDF too) and am researching content for articles to put on niche sites.
I'm going to be in the 5%, no dreaming anymore…well maybe a little:)
[Hi, the adsense sites are particularly vulnerable to Google zapping your account. I like the simplicity John uses when he focuses on seo and his business. Relying on adsense seems fraught with peril. But as John points out. Doing something is better than nothing. And if your sites get whacked, I suppose you could then put banners on the pages or something else to monetize them. If nothing else, you'll learn a lot about site building and seo.]
Marlon,
Yet another great post. Just awesome! Shall wait for more like these stuff in future.
Thanks Marlon, once again you've made something 'heavy' a little bit 'lighter' for the rest of us.
I will try to wade through the documents but I'll probably only get through one or two pages…IYKWIM
If I run into any problems I'll just say:
"Well Marlon said…" no,no just kidding.
a)Do you think we can look forward to less 'instant riches' type of scams?
b)A few less 'systems' that will make you rich by just joining and waiting for the spillover?
c)Will this weed out some of the 'one hit wonders' that suddenly become the 'only way to make it'?
This would certainly be a boon to all the new folks who are just getting started and can easily become disillusioned. Those of us who have been around for a while know when to click away if it 'sounds too good to be true' but that can't be said for everyone.
I believe that the new 'transparency' will only benefit the industry as a whole simply by encouraging honesty and integrity in business.
Thanks again Marlon
Thanks Marlon. You really danced around the FCC new rules with a Funny Can-Can.
I wouldn't have known about this important revolt without your attention to this.
[Hi Mae, how are you? It's kinda tough reading but here are the laws:
http://ftc​.gov/os/20​09/10/0910​05endorsem​entguidesf​nnotice.pd​f
http://ftc​.gov/os/20​09/10/0910​05revisede​ndorsement​guides.pdf
I felt an obligation to write about since my customers need to be informed. I'm a layman and not everything I said is 100% technically accurate. You can read my other blog responses about typical and generally expected results vs. average.]
Thanks Marlon,
I will republish it on my blog and newsletters.
As for the disclaimer, it has to be on the home page or just under the testimonial?
Or it can be in the disclaimer link below?
Franck
[Franck, one, I just read your seo seduction last night. I like it. Why not blow that up into a bigger product that includes everything you need to outsource it? I like your understanding of the topic. I read through your threads in the seo part of Warriors. You have a real practical approach. Now, several of the sites in your sales letter aren't top 10 anymore. So update the letter. But I'd like to read and hear more from you on the topic and your experiences. NOW — The FTC. Here are the laws:
http://ftc​.gov/os/20​09/10/0910​05endorsem​entguidesf​nnotice.pd​f
http://ftc​.gov/os/20​09/10/0910​05revisede​ndorsement​guides.pdf
Read them, because really, I'm not a lawyer. Some of the things I said in my issue were a bit inaccurate. Specifically the term is "generally expected results" and "typical results" vs. average. If you can't document the typical result, you can't publish the testimonial. In addition, as I read it, I think the same rule/law/guideline may apply to claims in your overall letter. MY APPROACH Franck will be to take my stuff and have people in 3rd world countries with no college education working for a buck or two an hour DO them. That pretty much proves it's a generally expected result TO ME. Now, is that legal? I think but I'm not sure and haven't consulted with Bob Silbur or any other lawyer. Since you ALREADY outsource your seo work, this shouldn't be that hard for you to do. You CAN use testimonials that are puffery if you can't substantiate a result. But again, as I read it the same rule of law also applies to the rest of your letter. I think there's a discussion on Fortin's blog also. The point here is my article may have led people to believe they could just stick a disclaimer on there like the old days. You can't do that as I read it. If you publish an endorsement or testimonial with a specific result in it, that result has to be a generally expected result or typical.]
Count me among your admirers. Loved the last email – and just about all your stuff. I almost look forward to it. And your videos – love them too. Really – keep up the nice work!
Marlon, also your points were exceptionally well made re buyers of info products usually don't do much with them. You said it better than anyone else I've seen in your email w/your humor, the points are well made.
For example in trading, I'm personally probably going to say something like "Average customer/trader results are that everybody loses their money" or similar.
For info products (and I'll check w/Bob Silber for ideas on this), I think that's all we can say, is that average customer results are nobody makes anything… personally, as I posted on Michel's forum, I'm going to take down most testimonials Dec 1 – June 2010 til some initial case precedents are established, to wait and see what clarification comes out of this. Better safe than sorry, so I contact ftc type attys for ideas, and remove most testimonials for now, til more guidance comes from the ftc on the matter.
-k
[Ken, several things. One, this particular change in law applies to TESTIMONIALS and not overall sales letters. However, as I read it they have other laws/rules/guidelines that say most if not all the same things for your overall sales letter. The one I'd like to know more about is do you have to give typical results for things that are NOT testimonials? Also, "average results" is technically incorrect. I ain't a lawyer. The term they use is "generally expected results" that are substantiated. And "typical results." To me as a layman, there's not a dime's worth of difference between typical results and average. Now, the law does say you can have the equivalent of tests or studies to document typical results. So I'm taking that you could hire people who are the same or less educational and intelligence level of your audience and have them do a trial run. Anyway, I'm sure you've seen it but here are the links:
http://ftc​.gov/os/20​09/10/0910​05endorsem​entguidesf​nnotice.pd​f
http://ftc​.gov/os/20​09/10/0910​05revisede​ndorsement​guides.pdf
Bob Silbur an shed more light on it.]
I think it could work better, OFF Line I do this all the time, I have my sales staff be very blunt about the fact that we are interested in a purchase of our service..Everyone is told to be polite, kind, social/Funny and very blunt. Speak softly and get them to sign on the line which is dotted;NOW!! Anyhow, this is going to be fun to watch. I myself and a newbie and tired of earning 1cent..
[Byron, I understand. So you know how to sell. And you understand business. These things are a good foundation many people don't have. Do you have your target niche selected? Have you created a free report or video to offer people in exchange for joining your email list? Are you writing (or having written) and submitted 5 articles a day? Or are you using ppc? Is your squeeze page up and running? Do you have your blog set up? Do you have your autoresponder in place? These are ALL basics that I can hire people for under $5 an hour to do successfully. So I'm pretty confident you can do them. Once you have people in your target audience joining your list, you begin sending emails with content and sometimes offers.]
Marlon, you are so funny. This hits the nail on the head about why so few people succeed… and points out how silly our compliance may sound.
But it IS a good thing, I suppose, to try and curb the crazy claims that are being made. Maybe those of us who tell the truth about needing to actually work to get results… maybe people will start to believe us and buy our products because those shysters who keep peddling false hope will have to tone down their hype.
Thanks for your humorous perspective on this.
[Hi Arline, I'm GLAD you found some humor in it! And some value. Yes, getting rid of some of the crazy claims will be nice as long as they don't throw the baby out with the bathwater.]
Marlon,
Not sure about the "few people in the past" you know who have gotten in trouble…
But I have a pretty good idea…
Anyway, this is a BRAND NEW FTC Rule/Law/Edict, so I don't think either one of us knows anyone that has had their stingers slapped yet! 🙂
If you read the entire current NEW FTC communication, it clearly states the 3 Notice procedure.
I've dealt with a LOT of government police-dawg regulatory agencies in the normal course of decades of my personal businesses.
I've always gotten a "Heads-Up" first warning…
Never went further than that…
'Cuz I ain't a stubborn donkey-head!
If you know different, about this NEW FTC thingy, then let us know…
Dr. Q
[Hi, I REALLY appreciate you posting back. That's good to know. I don't know different. All I know is what I read:
http://ftc.gov/os/2009/10/091005endorsementguides… http://ftc.gov/os/2009/10/091005revisedendorsemen…
My use of the word "average" is inaccurate. I SHOULD have used the word "typical" and "generally expected result." To a layman like me, it's all the same. But I guess the difference means something to a lawyer. And also, there's a whole ton of stuff in there I didn't discuss. But it all boils down to the same ideas I presented. But I get the point of the law. They don't want people promising things that aren't likely to be a result of buying and using the product. MY point is that in our industry people do NOT USE the products. They just don't. So that distorts what the typical results of usage will be. And the criteria SHOULD be what's the typical result by someone who makes a diligent use of the product. But as I read it, that ain't what the law says. And again, I'm not a lawyer. But it's pretty clear to me that if 95% of the people don't use the "how to " products they buy, the typical results for everyone in our entire industry are pretty much close to zero. Which is like saying that if you put one hand in ice and one on a heating pad on average your temperature is normal. The REAL question is what are the results of people who diligently use products. Now the law DOES afford for conducting tests or something like that for substantiation. So I'll probably pay people overseas to use my products….people from 3rd world countries with no college who work for a buck an hour. And if THEY can do it, it's hard to argue they aren't typical. Maybe that'll fly in a court of law. Maybe it won't. I don't know.]
________________________
Heya Marlon
What a RIP-SNORTER of a newsletter!
I'll be sending it out to the folks on my list later today. That paragraph about 2 books, potato, UFOs, and voting in elections almost made me spit my coffee. Too funny.
On the serious side, what you have to say is really worthwhile stuff, of course.
There certainly has been a lot of talk-talk-talk about this issue over the last week. Sure, that's always the first step in solving a problem (pull it apart, look at in a different light, analyse the lay of the land, etc.)…
But then you have to actually DO SOMETHING about it, right?
Your strategy about 1c or $1 is interesting. I'd be interested to hear what others are planning to do. In some ways it'll depend on which niche(s) you play in and what you sell, naturally, but I dunno… any other ideas?
I'm thinking of adding another question to the surveys in my buyers list follow-up sequence which asks customers to DESCRIBE/OUTLINE their experience with the product and say what kind of improvements it helped to make towards achieving [desired outcome].
Offer a SWEET bonus for completing the survey and letting me use it as a testimonial. Then I can collate them every 6 months and come up with (hopefully) an FTC-compliant statement something like:
"I am/We are, by law, required to inform you that the results you see reported on this page are NOT typical. It is impossible for me/us to determine precisely typical results because although we ask customers to report on their results, not everyone does, of course. This means that we can't accurately say what "average results" are. It is safe to say, though, that the people who report terrific improvements in [problem] are NOT average at all because most people will, sadly, do NOTHING with the information contained in [name ofproduct].
However, based on those who have told me/us about applying what they learnt in [name of product], "average results" seem to be [insert gloss of average results based on customer surveys]."
==================
My disclaimer here: Get THIS kind of thing checked by an attorney who is savvy about Internet Law – even if that's not the firm you use for other things (such as your real estate contracts). I just made up the above paragraph off the top of my head!
==================
Something along those lines. I'd like to believe that it has a ring of honesty about it which will resonate with people.
If someone is buying the product for research purposes (as Marlon talked about in the newsletter), they're not interested in raving testimonials anyway, for the most part, I'd say. They're interested in the information for a purpose other than [solving problem X] from the point of a desperate buyer – towards whom those testimonials are, if we're being honest, aimed (just to juice 'em up that little bit extra and tip 'em over the edge "YEAH! ROCK ON! HERE IT IS… THIS TIME, GADGET, THIS TIME, I SHALL WIN!").
And people who WOULDN'T buy without the hype and who might be put off by that kind of statement, well… what can I do? I'd rather see a drop in sales and stay in business, frankly.
At first there MIGHT be a sharp drop as people start seeing these notifications go up around the Net (and you can't TEST which one performs better because to do so would leave you open to the watchdogs biting you on the arse), but as more and more appear, I reckon sales will go back up.
Case in point: Smoking. Here in Australia we have these REALLY, REALLY graphic warning notices on cigarette packets. Like SUPER GROSS stuff. Photos of ACTUAL damage done by smoking: heinous eye cancers, rotting mouths, blackened legs ready for amputation.
Honestly!
I'd been living abroad for a while and came back to find these kind of ads all over, including… WAIT FOR IT…
…ON CIGARETTE PACKETS!
Really shocking stuff.
But I don't a decline in the sale of cigarettes. In fact, a new tobacconist/corner store just opened up in my street a few weeks ago and it's doing a roaring trade. EVERY time I go in there to buy milk, someone is buying ciggies.
So, I don't see what all the fuss is about, in a way. Which leads us to Russell's comment: Nail, head.
But think about the ciggies example.
Hmmm…
————————-
For anyone reading these comments who didn't read through them all, I HIGHLY recommend you read these ones:
Russell Martino – on what the new law is NOT about and, by contrast, what it IS about. Really, really insightful comment in my opinion.
Also, some very good points made by James Cousineau. The video he posted is KILLER! The guy talking, Tim Sales, is presenting an argument in support of MLM, but ultimately that is not relevant. He's making a SUPERB point that is relevant to ANY pursuit. Ever.
You need to watch the whole thing from start to finish, but there is a really good section from 07:00-07:30 and the bit at the end about "odds" is very sweet, indeed. Watch it. (Thanks James)
All the best,
TheNightOwl
[Hi, I'm going to send out a link tomorrow to the actual FTC law which SHOULD be read. Here they are:
http://ftc.gov/os/2009/10/091005endorsementguides…
http://ftc.gov/os/2009/10/091005revisedendorsemen…
Ummmm, the term "average results" isn't fair or lets say "technically accurate." They say it has to be generally expected results and those results have to be substantiated. I probably made a mistake in using the word "average" and SHOULD have said "typical" or generally expected result.So what is the typical result people could generally expect to get? And if you can't substantiate it you can't SAY it. A disclaimer won't fix it. I'm not sure the "typical" person can understand all the stuff written above. I'm not 100% sure I should have written the article since I'm not a lawyer. And my layman's explanation isn't technically accurate. Here's what I DO plan to do and POSSIBLY meets the substantiation evidence required I'm going to hire people in 3rd world countries with no college degree working for a buck an hour to follow the procedures in my dashboards and products. If THEY can do it, it's hard to argue that isn't a typical result.]
Marlon,
Your article is to the point(great) and with a twist of humor(even better). You inspire me to keep on trucking with internet marketing and TAKE ACTION. It's all about TAKING ACTION! Usually there is a positive side to any situation and you found it. I look forward to meeting you at UnSeminar 7.
Elaine Wilson
http://www.internetelaine.com
[Elaine, I'm glad you get that. Because really, that's what it all boils down to. The info and know how IS out there in abundance. From me and other very talented marketers. It really just comes down to taking action.]
Marlon,
I signed up for Amazon S3 last month to host my videos, but can't figure out how to set it up. Seems like the site just sends you in a never-ending circle. Any advice or resource on how to set your videos up on Amazon?
[Hi, yes it is difficult to figure out. That is why I did extensive training on it in my produce and promote class. It's just like I said in the sales letter for it. IT took me quite a bit of time to figure it out THEN to figure out how to put the video onto my blog using a free player I didn't have to pay a monthly fee for. The video on how to use it is in the produce promote private site. And you can still get on the call on tuesday and the following week. I say that. I may have taken the offer down. I can't remember.]
Marlon your article on the new legal
guidelines is really so clear and
informative. Marlon you are really a damn
genius even if you don't look like one.
Thanks for your efforts, Robert
[Well, I'm going to have to send out an update on it. A friend called and reminded me the law doesn't use the word "average." It says GENERALLY EXPECTED RESULT. So I'm going to email out the url for the law itself and let people read it. To me, generally expected result DOES mean average. But I guess to someone is a lawyer or not a marketer, it means something else. I have to re-read the law myself. I'm not sure what the difference between a generally expected result and average result is. Anyway, at least I made an attempt to explain it in terms people can understand and relate to, even if it's not technical enough.]
Awesome! Can't say much more than that. Great article.
Dear Marlon,
That's why I love you man!!! You stinking rock!! I know my product totally stank but I am working on a better version as we speak! And guess what? Another marketing guy that is showing videos on how to creat videos
(please forgive me, I am not a trader but wanted to see what he said!)
He also touted MINDMAP!!! So that's what I am going with, trash the powerpoint! I will post soon! Valerie
(not vivian! From your whiteboard seminar!)
Marlon…
Best commentary I have read so far about the new FTC rules.
I believe brother Kern, that dirty surfin' hippy, was the First-to-Market with his FTC post a few days back.
I think Frank has a direct Red Telephone hookup to the FTC these days, so he always gets the early scoop…
Marlon, one bit of calming info you should add…
The FTC will give you TWO WARNINGS before they take you to the cleaners the 3rd time. :-0
So, unless you are no smarter than Mike Tyson (sorry, ol' champ) then you will get plenty of early notice if you are screwing up!
Have fun at Un-Seminar in San Antone'.
Your friend 30 miles north in New Braunfels,
Dr. Michael Quadlander
http://DoctorsHealthSecrets.com
[Hi, I wouldn't bank on those two warnings. Seriously. The few people I know from the past who got in trouble had no warnings.]
____________________________________
Marlon,
Once again you have delivered the goodsand with a lot if humor. I too have bought books for research or information and have never gone beyond the first chapter or two. On the other side their are books, articles, videos and other materials I have devoured and then devoured again because of the amount of information I gained.
As to the instant success desire of the "average" person yhou are right it usually doesn't exist. I have been playing around with the internet marketing business for about 2+years. I have just in the last 3 months started to buckle down and get real serious about it. The result is I have learned more in the last few months than in the previous two years. Also as I am now following the steps I have learned I am starting to get real results.You are right! Until you learn and apply the knowledge you are not really building a business.
Thank you very much. I read the new regulations and it twisted my brain around more then it usually is. The next thing I read was your e-zine and OMG my brain untwisted (well back to its normal state of twisted).
Also your stats on how many people follow through completely really shocked me. They also gave me the nudge I needed to start putting real time into that directory of e-books I have and to advertise the few things I did follow through on but lost interest in.
Thank you again for not being a hype addict 🙂
[Hi Amy, pretty much it's common knowledge in the how to and self improvement industries that 95% of the people never do anything or they do precious little. I try my best to improve on that. It's also true that this applies UP TO the point of spending $5,000. The experience of quite a few people shows that AFTER people cross a threshold of spending $5,000 they'll typically actually attempt to act on what you're teaching them. Below that threshold by and large most people stay as lurkers, dreamers, researchers and everything else. These stats INCLUDE myself and my own experience. My breakthrough came years ago when I spent $5,000 for a Jay Abraham Home Study Protege Program (first one he sold). That psychologically committed me to be more serious and take more action. It also taught me a lot of really good stuff….much or most of which is actually available free on the Internet now. It's largely common knowledge. But at the time it was all amazing info and NOT commonly known at all.]
Hi Marlon
Great article! I loved it so much I made it today's post over at my blog, link included above. You always make everything so simple even the "stupid" people can figure it out.
[Hey Merle, appreciate the link. Marlon]
Great commentary and point of view, as usual, Marlon (your Canadian/British style of humour is always appreciated). Being a person "on the sidelines" – meaning, I'm Canadian and an observer of the largest capitalistic country in the world (USA) – I am saying, "Finally, those with the power to do something about a run-away train are saying 'You gotta stop trying to fool everyone and start act like a real business'".
Being at an age where many say that I am older than dirt (well, not quite, but well on the way), and having been an entrepreneur for many many years – even pre-Internet (and that seems like just yesterday), I have been appalled by the rampant and blatant so-called testimonials and claims being made by many wannabe Internet Marketing Gurus. Yes, I know, some testimonials and claims are true, but they are few and far between. I've seen claims of great wealth acquired, but the website is poorly done, the video on the page is very amateur and poor quality, and I am sure the guy lives in his parent's basement! If you are going to try and deceive somebody, at least look the part!
A digital product creator spews forth a great new product and puts together an intriguing affiliate package, complete with website, to expand his new business niche. The affiliates slap up the website copy provided, don't make any changes (LOL, many even leave in the "Your Name Here" in pink) and use the testimonials provided by the product creator. They also do not provide any "Safe Harbor" (disclaimer) to downplay the outrageous claims of great wealth achieved. Of course, even the Safe Harbor notices are now not enough for the FTC rulings. And many of these affiliates don't even purchase the product themselves to see if the claims are true and then add their own success story. IT IS TOO EASY TO BE AN AFFILIATE!
Oddly enough, you mention to consult a lawyer … I have mixed feelings on that as most – and I mean MOST – lawyers have no clue at all about the Internet. Therefore common-sense must prevail.
My main business is online education to the Canadian Financial Services Industry – and I have been very successful at it (largest online provider in Canada). We even have courses on Ethics (very popular topic).
All this reminds me of what my Granny used to say, "Always tell the truth as it is hard to remember all the lies. Truth comes naturally."
I just finished digging through my digital storage for this video by Tim Sales "Do Most People Fail?". It is very well done and explains "why" most fail at MLM and Internet Marketing (they are related). Tim explains why there is so much failure and how that skews the "average" incomes. Here is the YouTube link to that video (I could have linked to one of my own websites where I use it, but ..) http://www.youtube.com/watch?v=FclI8hGQgb4
Thank you, Marlon, for stepping up the plate and validating what I have always preached, lectured on, and many times being told that I was a fool for being so "honest" in business. What goes around, comes around.
James
The main thing that I would like to say Marlon is are you that really sure that what you said was meant to be funny?
It sounded more like the truth to me than the truth!
Remember, it all boils down to the lowest common denominator. Or as Forrest so eloquently stated it: "Stupid is as stupid does."
The average American try's very hard to live up to this!
[Gary, it was both. Humor and truth. But mainly, I wanted my readers and customers to understand when I put outlandish sounding average earning figures like .01 or $1.00 why I'm doing and what it means. And also to develop understanding of other marketers who do the same in order to comply with the law. Plus, for those customers who do have products, I wanted to attract attention to the law so they can read about it and comply.]
Marlon, that's one of your best emails ever (and I've been reading 'em for many many years)… thanks for the lighthearted read (I actually laughed out loud)… and well written as always. Keep up the great work, I admire your energy and expertise.
-ken
[Ken, thanks. Really, it wasn't an issue I particularly wanted to write but it needed to be said. Thanks for commenting here Ken. I'm glad you laughed. That means at least a few people caught the irony of it all.]
How many people pay gym membership fees year after year without ever stepping inside it (but may be intend to workout "some day")? Millions, I believe. I wonder what kind of disclaimer gym owners will have and where it will be posted (on the sign?).
May be something like "The average member is a fat, unhealthy and unfit couch potatoes."
That law is just ridiculous. Hope I spelt that right (I am average).
[Hi, well the law is meant to protect people and I can't fault the FTC for doing that. However, I DO think we have to inform people about the law so when they see rather wacko sounding statistics and disclaimers they understand why they are there. But yes, "The average person who joins this gym gains 20 lbs of fat over 3 years." That's probably a true statement. Thus, joining a gym has a contiguous association with getting fat.]
Hello Marlon,
Every person in America, not just marketers, should read your comments on the new FTC laws reagrding income claims.
Without realizing it, (although I'm CERTAIN you do), you nailed the EXACT reason so many people are drowning in mediocrity in their finances, health, relationships and every important area of life.
There aint' no free lunch.
If you want something beyond than the typical 0.006 success rate people who aren't willing to learn and work stumble into in their health, relationships, finances, etc., you have join that deviant and odd ball group of humans who actually finish the TV repair course, act on the marketing advice, read the health book and make changes in their diet and lifestyle, and so on.
The FTC law is NOT intended to protect unsuspecting consumers from marketers.
The FTC law, at it's essence, is designed to protect individuals from their own childish, irrational belief that all it takes to be a master carpenter is to buy a course on how to use a hammer and then wait for wealthy people to get in line to beg you to build them dream home.
The BIG problem with this is not that so many wallow clulessly in childish naivete when it comes understanding reality. The scary part is that in what may be, (but is probably not), an honest attempt to protect people from themselves, big brother strips away our freedoms and dictates not just what we say, but the way we must think in order to say it properly. Too bad for us.
Thanks for writing this article, it should be required reading for the human race.
Keep up the good work.
Russell J. Martino
http://www.voiceofhealth.com
PS – Be sure and check out my new book, "How To Win A Real Nobel Prize In 11 Short Days Doing Essentially Nothing… And Make A Cool $1.2 Million In The Process" – available soon with a mind bending testimonial and disclaimers as required by law.
Regards!
[Russell, thanks for your comment. I believe the FTC's intentions are good. They are seeking transparency with consumers. The problem for us as marketers in an aspirational industry is the average person does nothing so this is going to result in some really outlandish sounding disclaimers. As long as people are well informed about WHY those numbers are so low, I don't think it will be an issue.]
Thanks for the awesome article Marlon! I'm a newbie, struggling to get started in Affiliate Marketing, and this latest snag certainly looks like it will makes things a whole lot more difficult, but like you say, you either have what it takes to accomplish something or you don't! I'm pressing ahead and observing the law…nothing ventured, nothing gained.
Thanks again!
Art Howard
[Art, really, it's not a big deal in my opinion. You reveal it's an affiliate link. Who cares? It will not decrease sales in my opinion. And it decreases competition. This is good!]
Thanks for the great information, and especially the humor that was included.!!
Heidi
Marlon, I love reading your stuff and today you had me crying I was laughing so hard about your take on the new FTC law. You always tell it like it is, honest and you pull no punches. I predict your sales will go up with your new disclaimer. You just gained a student & customer for life.
Your concern for your readers comes through every week. You're an inspiration to us out in the trenches, teaching how it's done right. My brother and I just started our business as partners and you are the first person we'll be buying from to learn how to do it right from the start.
Thank you and God bless, you're the best!
Michael Drummer
(soon to be your best student with brother Francis)
[Brother Michael, how are you? Well, I was reticent to write that piece. But I thought it needed to be said.]