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Don’t Say That

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Don’t Say That! is the #1 podcast dedicated to keeping marketers compliant and up-to-date on all the rules, regulations and trends they need to protect themselves and their businesses from government intervention.

Hosts Greg Christiansen (20+ year FTC-focused attorney) and Anik Singal (21+ year digital marketer turned “FTC Expert”) help you navigate and simplify marketing compliance in 2024…
21 Episodes
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Have you gotten your copy of Don’t Say That! the book yet? We’re officially live and getting amazing reviews already! Go here to get your copy: https://dontsaythat.com/go/ If you think living outside the U.S. protects you from the FTC's wrath, think again.  In this week's "Don't Say That" episode, Greg revealed the truth about just how GLOBAL the FTC really is.  There are so many little-known ways the FTC can come after you, even if you've never set foot in the U.S. including: Why simply selling to U.S. customers can make you a target (no matter where you live)...  The sneaky tactic they use to freeze your assets and force you into court…  How one false move could get you banned from ever entering the United States…  Why being a U.S. citizen won't save you if you're marketing to other countries…  The international treaties that could force your government to hand you over to the FTC… Maybe you’re thinking that hiding out in a "safe haven" country will protect you? The hard truth is, if you're breaking the rules, the FTC has a long arm and a longer memory. But it's not all doom and gloom. You'll also discover the one surefire way to stay out of the FTC's crosshairs, no matter where in the world you operate. The bottom line is this: compliance isn't just for Americans.  It's for anyone who wants to sleep soundly at night, knowing their business isn't one complaint away from disaster. So whether you're in Mumbai, London, or Sydney, this is one episode you can't afford to miss.  Check it out ASAP! Now, if your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    
Have you gotten your copy of Don’t Say That! the book yet? We’re officially live and getting amazing reviews already! Go here to get your copy: https://dontsaythat.com/go/   If you use phone sales, you could be in the FTC crosshairs. Unfortunately, “telesales” has become one of the BIGGEST targets for regulators in 2024.   And there are 5 extremely common mistakes that many marketers are making during their sales calls.    Take it from me, if you don’t fix these ASAP, you could end up being sued by the FTC like I was. In my case, it all came down to 4 simple words my team was using during sales calls. I had no idea it was a violation, but it brought our company to its knees.    We cover the 5 biggest mistakes in depth during this episode. Plus, you’ll discover…   Why asking about a prospect's "goals" is a ticking time bomb…  The shady way sales reps use "qualifications" to mislead customers…  How false urgency and scarcity can backfire in a big way…  The exact words you MUST say on every sales call to stay compliant…   Plus, you'll get the inside story on how the FTC's legal maneuvering has made phone sales their #1 target - and why relying on "loopholes" is a sure path to disaster. The hard truth is, if you're not training your sales team to avoid these mistakes, you're playing with fire. All it takes is a handful of reps going "off script" to bring your whole operation crashing down. But don't panic.  In the episode, we lay out simple steps you can take today to protect yourself, including the exact language to use (and avoid!) on your calls. If your business relies on phone sales, this is a must-listen episode...  Now, if your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit     And have you gotten your copy of Don’t Say That! the book yet? We’re officially live and getting amazing reviews already! Go here to get your copy: https://dontsaythat.com/go/   Now, onto today’s episode…   This week, the FTC made a major ruling about NON-COMPETE contracts and a lot of business owners seem to be freaking out about it.    If that sounds like you, take a deep breath. Greg has your back.   In this week's episode, Greg reveals exactly what the ruling means for your business and how you can protect yourself without breaking the law.    He breaks down what the new ruling ACTUALLY means, and what you need to know…   The confidentiality clauses that prevent ex-employees from spilling your trade secrets… How "non-solicitation" agreements can stop rogue contractors from poaching your customers and staff… Why burying a "non-disparagement" clause in your contracts could put a legal target on your back… The high-stakes lawsuits that could decide the fate of non-competes nationwide… When it still makes sense to sue an ex-employee for breaching their contract (and when to let it go)...   We also dive into the political drama behind the FTC's shocking move, and whether it's likely to survive the inevitable legal challenges from the business world.  
Before we dive into today’s episode, “Don’t Say That!” the book is officially LIVE. Make sure to get a copy for yourself, your team, your clients and your friends! Greg and I spent MONTHS working on this. Get your copy right here! https://dontsaythat.com/go/   If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Now, onto today’s episode…   Are you a freelancer, contractor, or even an employee who thinks you're immune from legal trouble just because you don't own the business?    Think again.    In this week's explosive "Don't Say That" episode, Greg revealed the shocking truth about who's really on the hook when regulators come knocking.   This is a shorter episode, but we still covered a ton of ground…   Why contractors, copywriters, and ad agencies are often the FIRST ones sued by the FTC (even if they never wrote a word of copy)... The 3 key factors that make you an irresistible target for regulators (even if you're just an employee following orders)... How working on percentage of sales could make you legally responsible for every customer refund… The multimillion-dollar mistake of ignoring red flags from non-compliant clients… Why your employment contract won't protect you from the FTC's wrath…   The truth is, if you're part of the marketing chain, you could be held liable for everything from false claims to deceptive practices.   But it's not all bad news. You'll also discover practical steps you can take to protect yourself, like restructuring compensation plans and knowing when to run from a shady client.   The reality is, compliance isn't just the business owner's problem. It's everyone's responsibility. And in today's regulatory climate, burying your head in the sand is a recipe for disaster.   Check it out ASAP!  
Here’s what I’ve been explaining to people when I talk about compliance.    There are a lot of different ways you can quickly improve the compliance of your business and reduce your risk. No company will ever be 100% free of risk, but there are 10 quick things you can do that will each lower the compliance risk of your company.   Today, we’re doing a “lightning round” and Greg is covering them all!   During this episode, Greg and I cover a TON of ground, including:   The shockingly common privacy policy mistakes that expose you to massive fines (even if you just copied someone else's policy)... Why the FTC is cracking down hard on anyone doing telesales right now (and the critical steps you must take to protect yourself)... The scary truth about your liability for claims made by your affiliates, agencies, and copywriters… How NOT having this one simple document could force you to turn over every email and record you've ever created… Why you could get dragged into a class action lawsuit over basic website terms you've never even thought about…   We also cover the most common "under the radar" threats from agencies like the FCC, state AGs, and even payment processors that could bring your business to its knees.   Don’t worry, it’s not all doom and gloom. You'll discover simple steps you can take starting today to dramatically slash your risk exposure and protect your hard-earned assets.   Watch this episode ASAP and discover how to quickly "de-risk" your business so you can sleep easy at night.    I wish I had done these sooner!  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    AFFILIATES - think you’re immune from the FTC because you’re promoting other people’s products?    Think again…    In this week's episode, we brought on our very first guest to share his story. And this is huge for affiliates. Mike G. shares his insane story of how simply promoting the wrong company led to his worst nightmare.   Mike was living the affiliate dream, earning big commissions promoting a successful marketing company. But when that company got shut down by the FTC, Mike found himself in the crosshairs too.   Mike also reveals…   The gut-wrenching moment he realized being an affiliate wouldn't shield him from lawsuits and refund demands… How the FTC went after him for ALL the money his referred customers spent, not just his commissions… The brutal personal toll of watching his company's payment processor lose millions and becoming the target of merciless local news stories… Why the FTC sees affiliates as just an "extension of the company" they promote, even if they don't write copy or create products… The scary truth that you're responsible for EVERY CLAIM your affiliate partners make, even if your own marketing is squeaky clean…   You may not realize it, but many affiliates have targets on their backs.    The only way to protect yourself is to vet every offer with a magnifying glass and hold your partners to the highest possible standards. Because when the FTC comes knocking, "I didn't know" won't save you from the nightmare.   Tune in now to hear Mike's cautionary story and the hard lessons he learned. Your business, your livelihood, and your peace of mind could depend on it.    Check out this episode now!
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Finding the RIGHT attorney could make or break your business if the FTC comes knocking.    Trust me, I learned this lesson the hard way.    In the latest "Don't Say That!" episode, Greg and I break down EXACTLY what you need to look for when hiring an FTC compliance attorney. We cover…   The shockingly small number of true compliance experts in the country... Key questions to ask to separate the real deal from the wannabes... Why that cheap general practice lawyer is a disaster waiting to happen... How much you should really be investing to protect your business... And the catastrophic costs of cutting corners on compliance…   Look, I get it.    Spending 5-figures on legal fees feels like a punch in the gut. But let me tell you, it's NOTHING compared to the 7-figure nightmare of an FTC lawsuit. I'd rather spend $50K now than lose everything later.   So please, don't make the same mistakes I did. When it comes to FTC compliance, you NEED the best of the best in your corner.   Your business, your livelihood, and your sanity are on the line. Don't trust them to some discount lawyer who doesn't know the ins and outs of the law.   Tune in now to learn how to find the right attorney to keep your marketing on the up-and-up. Your future self (and your bank account) will thank you.    Listen now!  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Welcome back to “Don't Say That!” In today's episode, Greg and I are diving into a topic that's extremely relevant even if you've NEVER been sued by the FTC or a state AG - life after settling.    As someone who's still early in my "parole" after my own FTC settlement, I had a lot of questions for Greg about what to expect in the coming years.   My goal here is SIMPLE.    I want everyone to understand just how much it SUCKS to get sued by a regulator. Because let me tell you, it doesn't just end when you sign that settlement. So many people have told me, "Well it was a rough year or two, but you're back now, right? It's in the past!" Nope. It’s NEVER in the past. And I'm learning that the hard way.   In this episode, Greg breaks down exactly what's required in the years after settling, like…   Having to file annual compliance reports detailing your business activities for the next 10 YEARS… Potential further scrutiny and information demands if the FTC thinks you're hiding something… The ripple effects an FTC action can have on things like payment processing, banking, and licensing… How an entire "enforcement division" will be watching you like a hawk… And why it feels like you've got a scarlet letter following you around…   Look, I'm telling you, whatever money you're making right now - I know you're living the high life and loving it. But it is NOT worth it. I was making millions a year and I'm telling you, it ain't worth it.   So please, learn from my mistakes. Get compliant NOW, before it's too late.
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Two massive new regulation changes were just announced. And if you’re not up to date on them, you could be marketing non-compliantly.   And no, unfortunately not knowing the rules is NOT a defense. I know from experience.    In today’s episode, Greg unpacks the 2 latest HUGE regulatory changes that were just announced and explains EXACTLY what they mean for you and your business. He goes deep on…   The FTC's new policy extending key rules to ALL business-to-business marketing calls… Tightened requirements around recording and storing phone orders… The agency's focus on preventing AI impersonation in sales and support interactions… Heightened scrutiny of Amazon course sellers and "plug-and-play" business models… And the rise of privacy complaints and class-action suits over outdated policies…   We go through what these ACTUALLY mean for you, from disclosure requirements for AI chatbots to the risks of promising "passive income" from ecommerce stores.   The key takeaway?    Documentation and transparency have never been more critical for staying out of legal crosshairs. Fail to adapt, and your next customer conversation could become a costly mistake.  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Testimonials are EVERYWHERE. After all, they’re one of the best tools marketers have at their disposal. There’s just one problem…   So many of them are completely non-compliant.    In today’s episode, Greg and I sat down to discuss the biggest problems marketers are overlooking when it comes to their testimonials. The biggest problem according to Greg? Now having a reliable method to track customer results.   And that’s just the start. During our conversation we also covered…   The 3 steps marketers need to take to ensure their testimonials are compliant… Case Study: the brilliant surveys and check-ins BeachBody uses to collect client data… How to structure incentives for customers to share progress updates… Why bringing in third-party survey firms can bolster your credibility… And exactly how to structure your testimonials going forward to make sure they’re compliant…   Don’t run another testimonial without checking out this episode first!
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit    Greg is back on the pod this week and we’re tackling one of the biggest questions we keep hearing from YOU. How exactly do we handle refunds, conditional refunds and guarantees?    If it seems like EVERYONE has a guarantee these days, you’re right. But here’s the thing - most people are going about creating guarantees and issuing refunds ALL WRONG…   Greg zeroes in on some of the most common compliance failures around refunds like:   Not granting mandatory minimum 3-day "cooling off" periods… Failing to properly disclose your customers’ refund rights upfront… Having "no refund" policies in violation of FTC and state laws… Improper conditional refunds based on difficult criteria… Using refund agreements to suppress negative reviews…   Greg also walked me through allowable refund scenarios, especially when it comes to low-priced physical products.    As you’ll see in this episode, handling refunds the RIGHT way is almost always a better choice than facing compliance issues down the line!   Check out this episode ASAP…  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit Alright, I’m BACK with part 2 and picking up exactly where I left off last week. Today, I’m covering 8 more SHOCKING truths I learned during my 18-month investigation from the FTC.   This week, I’m diving deep into some of the more complex legal codes that very few marketers know anything about. Heck, I knew nothing about them either. Until I was forced to confront them.    Another big topic from this episode? The 2 RISKIEST types of marketing right now, in my opinion.    There are so many important takeaways in this episode. I also covered…   The dangers lurking in one-to-one sales calls and recurring revenue programs… The crippling business impacts of an investigation (beyond just fines)... The extensive financial records and other crazy info the FTC demands immediately… Why even implied earnings claims face harsh scrutiny… And the steps you need to take to legally share student success stories…    Check it out!    Don’t forget, if you want a FREE compliance assessment from Greag’s team and mine, just go to https://naoac.com/audit   
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit I’m flying solo in today’s episode, so I thought I would give you guys a DEEP DIVE into the 15 most shocking truths I discovered when I was sued by the FTC.    In the episode, I go point-by-point through the BIGGEST surprises I faced in those 18 months dealing with the FTC. I had heard from friends and colleagues what it was like, but man, did I have some eye-opening realizations.   In this 30-minute episode, I went DEEP into…   The 3 legal mechanisms the FTC uses to completely discredit all of your creative “workarounds”... Why even just a few BBB complaints can trigger full FTC investigations… The initial financial records regulators demanded first (and what that reveals)... How mandated refund periods and disclosures work (and often don’t)... Why you MUST substantiate even basic background claims and credentials… The careful tightrope walk to framing legitimate personal success stories and statistics…   And because this is such a heavy topic - I decided to break this into 2 episodes. So this is part 1 coming your way today. Stay tuned for part two and seven more non-obvious lessons about the regulators to come!   Don’t forget, if you want a FREE compliance assessment from Greag’s team and mine, just go to https://go.naoac.com/audit-check  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit In today’s episode, we’re covering another extremely COMMON violation that so many marketers make. It’s all about inflated bonus stacks.    And while most marketers use these - it’s also one of the BIGGEST targets for the government right now.    Value stacking may seem harmless on the surface, but trust us, the government doesn’t think so. In this episode, we cover a ton of ground, including…   Why claiming value that FAR exceeds the actual price is so dangerous… The proof you need to actually use price values in your bonus stacks… The clever “loophole” I’ve been using to legally showcase premium bonus values… Why even some major retailers’ bonus overpricing tactics don’t apply… And the danger of completely fabricated bonus valuations   One of the biggest areas where we see these violations is in MENTORING access. So we broke that down and explained the common violations and how people can start marketing these in a compliant way.    Here’s the deal. While almost all value stacks are non-compliant right now, Greg and I show you EXACTLY how to make yours compliant with a few quick changes.   
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   There’s a harsh truth when it comes to TESTIMONIALS in marketing…   Almost all of them are non-compliant. Don’t get me wrong, most people aren’t trying to break the rules. But hardly anyone knows how to make sure their testimonials are actually compliant.   That’s where Greg comes in.   In today’s episode, Greg lays out the exact guidelines for properly structuring powerful yet fully compliant client stories in your marketing.   Greg first reveals the core “4 Commandments” required for any testimonial:   How to create proper consent forms for every client… The concrete proof needed to substantiate even the most innocent claims…… How to ensure that the “net impression” you give is actually legit… And how to properly disclose extraordinary results from clients.    To prove just how dangerous non-compliant testimonials can be, we dove deep into one specific industry that’s rife with violations: crypto trading.    The conclusion? Virtually no one follows the FTC’s rigid requirements (yet).   In this episode, we also went deep on…   The forbidden practice of “cross-pollinating” testimonials between offers… Why even validated claims need extensive framing for context… The brilliant system BeachBody uses to systematically collect client transformation data…   The good news? While most aren’t using testimonials properly right now, Greg shows how a few quick fixes can solve your issues. Check it out!  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   It’s amazing how few marketers realize the mistakes they’re making…   In today’s episode, 20+ year FTC pro Greg Christiansen goes IN-DEPTH on the 5 key areas where he sees regulators focusing most of their attention right now.   No one knows more about what the FTC is doing than Greg. And he broke down the 5 most common mistakes he sees people getting slammed for by the government.    Some of the biggest mistakes?   Unsubstantiated or false earnings claims in ads and testimonials… Not securing proper consumer consents and opt-ins… Deceptive continuity program disclosures… Overstating product investment requirements… Grossly inflating bonus package values…   Greg brought a TON of specific examples for each of these areas, and how these mistakes end up triggering government intervention.   If you don’t protect your business against these 5 proven legal liabilities, you leave the door wide open for FTC enforcement or other devastating legal action. Get clarity and answers you need in this info-packed episode now!
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   One thing has become crystal clear already in 2024, The FTC means business when it comes to robocall  violations   In this info-packed episode, 20+ year FTC attorney Greg Christiansen dives deep on:   The ACTUAL rules and recent FCC consent clampdowns around robocalls/ringless voicemails… Exactly why robocall violations bring such aggressive actions ($50K fines per instance)... Easy proactive steps to ensure you steer clear (proper opt-in disclosures, class action waivers, etc.)... Wild “phantom call” tricks shady marketers use (and must avoid)...   Greg and co-host Anik Singal also tackle the big question every marketer wonders…   Can Marketing Ever Be Truly Compliant AND Profitable?   According to Anik’s hard-won experience emerging from his 18-month FTC battle and Greg’s decades advising legit 7+ figure firms, the answer is 100% yes.   But they reveal the harsh realities about the temporary setbacks and relearning required Plus the 5 dangerous myths far too many “experts” now spread about shortcuts Anik explodes on the notion compliance “doesn’t sell” And the one non-negotiable mindset shift mandatory for success   If you’re skeptical that compliant marketing can thrive or have questions around the chaos uncontrolled ROBOCALLS create, don’t miss this blunt, myth-busting session!
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   In this episode, Greg and Anik dissect some of the craziest examples of people trying to skirt the FTC’s rules.   Spoiler alert: never put your spouse’s name or info on the line. The government will sue them too…   In this episode, Greg goes deep on some of the craziest examples of just how far FTC enforcement can reach. After 20+ years working cases, Greg sets everyone straight with some unbelievable stories like…    The FTC sued some tiny company and ended up settling over the owner’s watch… How you only need a few hundred customers before they strike—forget needing a huge business… Location means NOTHING—the FTC grabbed millions from some Canadian firms… Offshore assets and foreign accounts often get torched in FTC settlements… And the insane story of “I Hate The FTC” and the jail sentence that followed…   If you’ve believed any of the myths like “I’m too small to get sued by the FTC” or a few of the other common ones, you have to check out this episode…  
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   In this episode, Greg and Anik dissect one of the most recent cases from the FTC and how it highlights one of the biggest focuses of the government right now.    Turns out, in 2024 phone sales are the #1 target for government suits after a key Supreme Court loss clipped the FTC’s wings in 2021.   Greg breaks down how legal landmines have shifted and covers topics like…   How telesales are now the prime target thanks to stronger case laws… The sneaky small business  myths Anik used to buy – “I’m too tiny to get fined”...False! Why incorporating physical phone teams spikes your risk exponentially…   Anik used to think his phone sales team was his secret sauce. They had the scripts, the reviews, the low refunds… He was monitoring it all!   But one small line undid everything.   Greg explains why even the most simple questions can imply unrealistic earnings claims to investigators.   If you’re running call centers to drive revenue right now, this episode is an urgent must-listen. Get your head around the pitfalls before they sink you.
If your company does $500,000+ a year in revenue and you want a FREE Compliance Assessment on your marketing, go here: https://naoac.com/audit   In today’s, Anik and Greg are breaking down how one “innocent” question led to Anik’s investigation from the FTC.    Anik thought his team was playing by the rules and taking care of customers. But the FTC saw things WAY differently, taking our standard goal check-in as bait-and-switch deceit.   What unraveled over the next 18 months was pure hell.   In this episode, Greg and Anik go deep on…   The 5 BIGGEST things that FTC is looking for right now in 2024… How one question on phone calls sent over-eager regulators into attack mode… Why even being a “small company” won’t shield you from the FTC… The scary financial disclosures & pushy settlement shakedowns Anik faced… Why getting compliant early saves millions of dollars and unimaginable headaches…   Anik used to say that making our buyers happy would keep the man off my back. But the FTC tagged him as shady no matter how many customers disagreed.    Greg and Anik also reveal some of the best things you can do to avoid becoming a target of the government yourself.    Check out this episode ASAP!
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