“Chicago, Chicago
That toddlin’ town
Chicago, Chicago
I’ll show you around, I love it
Bet your bottom dollar
You’ll lose the blues
In Chicago, Chicago”
Lose YOUR blues and join your direct response industry colleagues on Monday, March 15 at the first ERA Networking Reception of 2010. Conveniently taking place during the International Housewares Show in Chicago, this ERA Networking Reception is one that you won’t want to miss. ERA Networking Receptions draw large, but social and manageable crowds, allowing you to easily make new contacts away from the busy show floor of the Housewares Show.
Come to Flatwater Restaurant (just over two miles away from the convention center) from 5:00 - 7:00 p.m. and eat, drink and chat the evening away. There is also a networking dinner taking place after the reception at Flatwater should you wish to continue the networking after the reception ends.
Yesterday, the Federal Trade Commission released its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising. The Guides are more than 80 pages long, so we’re still analyzing the changes. However, there is no question that our extensive advocacy efforts have had an effect on the final iteration of the Guides. The commentary included with the changes explains that advertisements using consumer testimonials should be evaluated by the net impression of the advertisement. A footnote in the revised Guides also suggests that in some cases a disclaimer could be sufficient. A more comprehensive legal document will be circulated shortly, but it is clear from a preliminary review that our efforts have not been made in vain. The 35 advocacy meetings on the Hill, 40 constituent meetings at the Fly-In, the testimony before the Senate, two sets of detailed comments and our suggested language were all helpful in presenting our case to the FTC.
However, the new Guides certainly do present some challenges, both to traditional TV marketers and those in social media. ERA is already planning educational opportunities that will provide suggestions for compliance with these changes. We hope the FTC will seize the opportunity to improve the marketplace by presenting to these changes to ERA members at one of our conferences.
Members who attended the Fly-In, supported the Leadership Reception, participated in the Government Affairs Committee, helped to author and review our comments to the FTC, and of course, testified before the Senate, were all instrumental in mitigating some of the more harmful changes. We thank you.
Before booking your travel to Las Vegas or San Diego, you may first want to get a few tips from “Saturday Night Live” travel expert Judy Grimes.
Did you miss out on the recent networking receptions in NYC and L.A.? Click here to view pictures from various events at Electronic Retailer’s Buzz page!
Late last week Representatives Markey (D-MA) and Eshoo (D-CA) introduced a bill that would keep the Internet open by preventing Internet service providers (ISPs) from imposing “a charge on any Internet content, service, or application provider to enable any lawful Internet content, application, or service to be offered, provided, or used. In other words, they cannot charge you (as a content provider) more than the cost of service for your lawful content and any lawful applications you make available.
The bill also prevents ISPs from providing or selling any content, application, or service provider any offering that prioritizes traffic over that of other such providers. This addresses concerns that ISPs will sell premium access to some companies, which would have the end result of degrading everyone’s content. This is important to any company that is using video online, but is not interested in paying more than they currently do to ensure the quality of the video is not reduced. It’s not easy to be moved by advertising when the video is pixilated or freezes every three seconds.
Similar bills were introduced in the last two Congresses. However, the larger Democratic majority and President Obama’s stated priority of keeping the Internet open may mean there will be some movement on this bill. However, the House will be in a District Work Period (aka recess) until after Labor Day.
In the meantime, you can watch this video.
For more information on ERA’s government affairs efforts, click here.
Tomorrow, the Consumer Protection Subcommittee of the Senate Commerce Committee will hold a hearing entitled “Advertising Trends and Consumer Protection.†The hearing will consider several issues in advertising, including the use of the word “free†and Endorsements and Testimonials. This is part of a broader reevaluation of the FTC’s powers and funding. An explanation of tomorrow’s hearing is really not complete without an explanation of last week’s hearing. Last week, from the first opening statement to adjournment, the hearing focused on testimony from consumer groups and emphasized that consumers are targeted by scams and needed additional protection from the FTC (P.S.- You can watch this hearing and kind of see me in the background on C-SPAN here). On a panel of four, a lone dissenter, Tim Muris, former FTC chairman, claimed that the FTC did not need a major expansion in order to effectively protect consumers.
In contrast, this week we have two ERA members testifying and one representative from the National Advertising Review Council (NARC), which administers the ERSP program (ERA’s independent self-regulatory program). We look forward to hearing some dynamic testimony from Guthy-Renker’s Greg Renker and Product Partners’ Jon Congdon. We worked hard to make sure our industry was represented and that this hearing would be more balanced than the last. We’re certain that Renker and Congdon will provide effective counterpoint claims that the FTC needs more authority on the testimonials issue. They can show that our industry is enthusiastic about creating an environment that protects consumers. They are our customers for Pete’s sake! They will also show how effective principled self-regulation is in promoting honest business practices.
For more information or to watch tomorrow’s hearing live or immediately upon completion, click here. (The video may not post until the conclusion of the hearing)
Follow me on Twitter for my live updates from the hearing: Tomi_ERA
ARLINGTON, Va.–June 28, 2009 – The Electronic Retailing Association (ERA), the leading trade association for direct-to-consumer commerce, issued the following statements on the death of Billy Mays, one of the pioneers in the direct response television (DRTV) industry:
“DRTV has grown to be a $300 billion business during the last 20 years, and Billy Mays played a key role in making this possible,†said Julie Coons, president and CEO of ERA. “His dedication to DRTV will be remembered by those of us in the industry, as his animated approach to marketing dozen of products, such as Orange Glo and OxiClean, will be remembered by millions of consumers. Our thoughts and prayers go out to his wife, Deborah, and to his family and friends.â€
“This is a sad day for those of us that were lucky to know Billy,” said Nathan Fagre, chairman of ERA and senior vice president and general counsel of 
ShopNBC. “He worked hard, cared about his family and friends and he will be greatly missed.”
Watch as ERA CEO Julie Coons delivers a sneak peak of what attendees can expect from ERA’s upcoming 2009 D2C Convention in Las Vegas September 13-15. Register now!Early bird ends July 1!
Please join ERA at the New York Networking Reception on June 18, 2009 from 6:00-8:00 p.m. for cocktails and great networking with senior leaders of the direct response industry. The reception will be held during DM Days at the Manatt, Phelps, & Phillips offices in Times Square.
Immediately following the reception we will be holding our fourth Meet the CEO Dinner beginning at 8:15 p.m. It will be an intimate gathering where you can mingle with our new CEO, Julie Coons, as well as our Chairman, Nathan Fagre, board members, and ERA staff.
To register, please contact Katie White at kwhite@retailing.org or (703) 841-8284.