Guidance on the marketing of goods and services online in the US

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Guidance on the marketing of goods and services online in the US

  • 30-day Rule, CAN-SPAM Act, FTC, online marketing, US

The US has various rules at state and federal level for the marketing of goods and services online that are policed by the FTC. Penalties for non-compliance can be severe so you will need to consider your approach to ensuring compliance.

According to Barry Jennings, lawyer from Bird&Bird and speaker for our Digital Marketing for Success in US event April 13, the Federal Trade Commission (FTC) publishes useful guidance on the marketing of goods and services online in the US . See link to guidance here.

Another law to be aware of is the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.  More useful information here.

In addition, the Mail, Internet, or Telephone Order Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. This is often referred to as the “30-day Rule“.

These are just a few of the important links our members should know about if marketing goods and services online in the US.

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