3 Letters You Never Want to See as a Marketer…ft. Michael Carrigan

In this episode of the Affiliated podcast hosted by Dominic Keenan from ClickBank, Michael Kerrigan, a lawyer with Holland & Hart and a long-time partner of ClickBank, joins as a guest. With nearly 20 years of experience, Kerrigan is a nationally known attorney advising clients on e-commerce issues, including intellectual property, privacy, contracts, investigations, and compliance. He has been listed in the Best Lawyers in America for nearly a decade and as a Super Lawyer for almost 15 years.

The discussion delves into the significance of the Federal Trade Commission (FTC) in the advertising and marketing landscape, likening it to the “FBI of advertising.” The FTC serves to protect consumers and enforce regulations governing how products are advertised and sold. Kerrigan explains the extensive powers of the FTC, which include investigations, subpoenas, civil penalties, and even freezing bank accounts in extreme cases.

Deceptive advertising is a major concern addressed, emphasizing the importance of substantiating product claims and avoiding overpromising. The conversation also covers issues such as value stacking, testimonials, fake reviews, false scarcity tactics, and digital dark patterns. Kerrigan sheds light on these practices and highlights the FTC’s role in monitoring and penalizing deceptive marketing tactics.

Throughout the discussion, Kerrigan provides insights and examples, offering valuable guidance to businesses navigating the complex landscape of FTC regulations. The conversation underscores the critical need for compliance and transparency in marketing practices to build consumer trust and avoid regulatory scrutiny.

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