What's the deal with "disclaimers?" | Help Desk | Yakezie Forums

So, the disclaimer on my site is a bit…unconventional. (if you want to weigh in below you can view it thru my sig)

I tell readers that my posts SHOULD be considered financial advice, even though I hold no certifications.

I also tell anyone who wants to sue me or hold me to any regulation that says I can't give you advice, to F@$% off.

If you can't tell how I really feel, then let me explain: the reason I do this is to give advice. I'm not going to say it's not advice because I didn't take some test. I'm not going to allow the government to define what advice I can give, either.

No offense to those who are certified financial planners, but there's a reason people read personal finance blogs – they want to hear straight talk from a real person who isn't trying to sell them something. And for the record, I don't plan to make my site a place to find out about the best mutual funds to buy, or the best credit card. 

I do say something about the fact that I host context-based ads that I don't control and that I do receive compensation this way. I want to be open and transparent in that way.

So, two questions?

Am I playing with fire? (If someone tried to hassle me, I'd probably use it as an opportunity to fight back and get publicity)

Is there some legal FTC language that I'm required to use? (Not saying I plan to follow the rules, but would like a better understanding of what they are)

Thanks in advance!

Wendy Williams isn't a trained psychologist but she gives real advise to millions of people who take her opinion to be worth value.

I'm willing to bet if someone sued her the network would say her show is for entertainment purposes only.

Glen Craig – Free From Broke said:

Wendy Williams isn't a trained psychologist but she gives real advise to millions of people who take her opinion to be worth value.

 

I'm willing to bet if someone sued her the network would say her show is for entertainment purposes only.

So true. It's all about semantics. 

John @ Married with Debt said:

I've heard it's even worse for bloggers if you have the certifications, because you then have rules to follow about how you talk about specific investment vehicles.

 

It's a shame there are so many regulations.

I would never say it's "worse" to have more education, but yes – lots of hoops to jump through.

Jeff @ Sustainable Life Blog said:

I put mine up because I dont want to get sued – that said, If people dont like my personal finance style, there are plenty of other really good blogs that talk about different things, and I'd be happy to point them in that direction.  

Well stated.  Being fairly new to blogging, I guess I never thought about that.  Always thought it was freedom of speech. 

The only thing I would say after reading your disclaimer is it felt a little hostile (I felt myself leaning back in my chair) and as an antagonistic hell-raiser that's saying a bit. I would just add something like what you said above, that you write this because you like sharing what you've researched and what's worked in your life, that there's no such thing as a guaranteed payoff or a free ride, you will continue to exercise your constitutional right to free speech as long as it exists, and sue-happy ingrates may be happier reading someone else's blog.

As a small pet peeve note though, the right to free speech does not automatically absolve everyone of the consequences of their words. For example, if you tell an audience I think someone should kill John Doe, and one of your audience members does in fact do that, you may be charged in the death of John Doe. I think disclaimers are more to weed out the people that have no common sense and think if it's on the internet, it's LAW.

John @ Married with Debt said:

…to protect myself and family.

I didn't even think that it's almost a bigger problem with potential "haters" than readers. Well I'm glad you brought it to a place where you're comfortable, that's really all that matters. And when you made the comment about protecting your family it solicited a great big, "Awwww, he's a big softie." :)