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What are the disclosure rules about blogging about stocks you own?

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11:54 am
July 21, 2011


The Family CEO

Member

posts 391

I'm working on my first investing post, and I notice a lot of disclosures at the end of posts about stocks that say the blogger owns xyz stock or doesn't own any of the stocks mentioned. Does anyone know what the disclosure rules are when it comes to this?

The whole point of my post is how I decided to buy certain stocks, so I think it will be pretty obvious that I own them, but I'm wading into uncharted waters for my blog here so I'd love some feedback.

Julie

The Family CEOA blog about money and the business of life.

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12:55 pm
July 21, 2011


Khaleef @ KNS Financial

Fat Guy, Skinny Wallet

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posts 3149

The only thing I've ever seen is the author stating that they own the stock. That doesn't mean that they were following the rules, but I've read a ton of investment articles over the years, and I don't recall seeing anything stronger than, "I own shares of XYZ Corp".

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3:24 pm
July 21, 2011


The Family CEO

Member

posts 391

KNS Financial said:

The only thing I've ever seen is the author stating that they own the stock. That doesn't mean that they were following the rules, but I've read a ton of investment articles over the years, and I don't recall seeing anything stronger than, "I own shares of XYZ Corp".

Thanks, KNS.

Julie

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5:35 pm
July 21, 2011


Derek@LifeAndMyFinances

Member

posts 1298

I agree with Khaleef. While I don't know the official legalities, I've only seen people include whether they own the shares or not. It's probably not in your best interest to advise others to buy certain stocks, I think you need a license for that. Rather, just mention the stocks that you currently own and might like to own in the future.

Derek @ Life And My Finances 

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6:31 pm
July 21, 2011


My Personal Finance Journey

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posts 3159

I agree. If I wrote a post about a stock that I owned, I would mention it at the bottom of the post.

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12:16 am
July 22, 2011


The College Investor

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posts 1935

Just mention it at the bottom, and include long or short as well. 

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9:22 am
July 22, 2011


The Family CEO

Member

posts 391

Thanks all.

Actually, the whole post is about my first steps into dividend investing and how I chose the stocks I did. In other words, the whole post is a disclosure. I'll see if I can come up with some wording for an actual disclosure that doesn't make me sound like a total idiot for repeating myself.

Julie

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11:37 am
July 22, 2011


AccountantByDay

Member

posts 57

I would be more concerned about putting a disclosure along the lines of "I do not recommend that you buy or not buy these stocks, this is just how I did it. I'm not posting this as personal financial advice, your decisions are your own."

 

(If you google it, there are some good articles on writing a disclaimer for your blog.)

 

Also, I don't know how successful someone could be in court if they said "But I read on TheFamilyCEO.com that Julie bought these stocks, so I bought them too and they lost money so I'm suing her" but if you have a disclaimer up, it adds just another layer of protection.

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11:45 am
July 22, 2011


Suba @ Wealth Informatics

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posts 1876

This is one place I wouldn't mind overdoing. We are a in a sue happy society where you have to put a disclaimer that coffee is hot.

 

I would CLEARLY say that "Please note that this is just my opinion and not an advice/recommendation. I am not a financial adviser. I am not qualified to give financial advice. Before you buy any stocks/funds consult with a qualified financial planner. Make your decision at your own risk." Just my 2c.

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12:09 pm
July 22, 2011


LaTisha @YoungFinances

Admin

posts 1715

Post edited 12:10 pm – July 22, 2011 by Financial Success for Young Adults


Suba @ Wealth Informatics said:
This is one place I wouldn't mind overdoing. We are a in a sue happy society where you have to put a disclaimer that coffee is hot.
I would CLEARLY say that "Please note that this is just my opinion and not an advice/recommendation. I am not a financial adviser. I am not qualified to give financial advice. Before you buy any stocks/funds consult with a qualified financial planner. Make your decision at your own risk." Just my 2c.
Great wording. You should also include as Derek and Khaleef said, whether or not you own the stock. For example, "at the time of this post… I currently own XYZ or I am long XYZ or I do not own XYZ."

LaTisha 

Young Adult Finances

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12:40 pm
July 22, 2011


The Family CEO

Member

posts 391

Suba @ Wealth Informatics said:

This is one place I wouldn't mind overdoing. We are a in a sue happy society where you have to put a disclaimer that coffee is hot.

 

I would CLEARLY say that "Please note that this is just my opinion and not an advice/recommendation. I am not a financial adviser. I am not qualified to give financial advice. Before you buy any stocks/funds consult with a qualified financial planner. Make your decision at your own risk." Just my 2c.

Awesome wording, Suba. I'm going to steal it when I'm ready to post. Thanks!

Julie

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12:48 pm
July 22, 2011


JT_McGee

Member

posts 723

AccountantByDay said:

Also, I don't know how successful someone could be in court if they said "But I read on TheFamilyCEO.com that Julie bought these stocks, so I bought them too and they lost money so I'm suing her" but if you have a disclaimer up, it adds just another layer of protection.

 

Just a friendly reminder that even if you win in court, you still lose with the costs of showing up. Wink

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12:57 pm
July 22, 2011


Jason@LiveRealNow

Member

posts 727

JT_McGee said:

AccountantByDay said:

Also, I don't know how successful someone could be in court if they said "But I read on TheFamilyCEO.com that Julie bought these stocks, so I bought them too and they lost money so I'm suing her" but if you have a disclaimer up, it adds just another layer of protection.

Just a friendly reminder that even if you win in court, you still lose with the costs of showing up. Wink

 

And, no matter how many layers of protection you have, anyone can sue for anything.  It's hard to get a case tossed as frivolous.

11:08 pm
July 22, 2011


The Family CEO

Member

posts 391

AccountantByDay said:

I would be more concerned about putting a disclosure along the lines of "I do not recommend that you buy or not buy these stocks, this is just how I did it. I'm not posting this as personal financial advice, your decisions are your own."

 

(If you google it, there are some good articles on writing a disclaimer for your blog.)

 

Also, I don't know how successful someone could be in court if they said "But I read on TheFamilyCEO.com that Julie bought these stocks, so I bought them too and they lost money so I'm suing her" but if you have a disclaimer up, it adds just another layer of protection.

I already have a general disclaimer in the sidebar of my blog and I'll use something along the lines of Suba's disclosure on the actual post. I imagine we're all taking some risk in putting our financial ideas out there. I just wanted to make sure there wasn't something specific I should do for stocks, since I've never blogged on that topic before.

Julie

The Family CEOA blog about money and the business of life.

Creating This Life – Simple ideas for everyday living.

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11:11 pm
July 22, 2011


The Family CEO

Member

posts 391

All this talk about liability brings up a good question. Doctors have malpractice insurance, insurance agents (and probably other professionals) have errors and omissions insurance. I wonder if there's some kind of insurance policy designed especially for writers or bloggers?

Julie

The Family CEOA blog about money and the business of life.

Creating This Life – Simple ideas for everyday living.

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4:09 am
July 23, 2011


101 Centavos

Member

posts 216

I tend to mostly write about stocks that I own myself.  I throw in a standard disclosure at the end of each post, only because it seems prudent.  Takes a few seconds to write, and it don't hurt nothing.    If get sued anyway by some knucklehead, I'll still lose time and money for showing up (as JT pointed out above).

11:48 am
July 23, 2011


TightFistedMiser

Member

posts 361

The Family CEO said:

All this talk about liability brings up a good question. Doctors have malpractice insurance, insurance agents (and probably other professionals) have errors and omissions insurance. I wonder if there's some kind of insurance policy designed especially for writers or bloggers?

They do have media liability insurance especially for bloggers and writers. If you don't make money from your blog you might be covered by your homeowner's insurance. If your blog is a business you should have business liability insurance.  Also if you set up your business as an LLC you can get some protection.  Smart Passive Income recently had a blog post on how to protect your blog's assets that has good information on how to set up your blog business and how to transact your business to help protect you from lawsuits.  I haven't implemented all the suggestions yet but this is on my to do list for next month.

12:50 pm
July 23, 2011


Brave New Life

Member

posts 41

I just added a disclosure after reading this thread.  It's scary that people would sue a blog, but I'm not interested in taking any risks.  

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1:18 pm
July 23, 2011


The Passive Income Earner

Member

posts 152

I mostly write about investments and I have a disclosure on my site:

"All content posted on this blog represents my opinion and views and should never be considered professional advice. You should do your own research and consult with a professional financial advisor before making any investment decisions."

And then I usually disclose what stocks I own mostly because it highlights whether you can benefit from it or not. I can't say that I have been consistent with my disclosure and I should. I have my disclaimer in multiple places as well.

I have not talked to a lawyer but I am sure I would end up with a disclosure as long as any financial advisor even though I am not … What I write is mostly my reflection and views and I never recommend anything. Again, I have picked up those disclosure habits from bigger investing blogs.

6:37 pm
August 8, 2011


The Family CEO

Member

posts 391

Hey, everyone, thanks for weighing in on this topic. Here is the post I was working on: Investing in Dividends: My First Baby Steps. You can see my disclosures there.

Julie

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