Answers To Your Top 3 Legal Questions About Black Friday
DIGITAL PRODUCTS, DISCLAIMERS, AND REFUNDS? LEt’S GO.
Last year, a very smart friend (who specializes in launches) gave me some very good advice:
Send out marketing emails during Black Friday.
Something. Anything.
Know why?
Because people are already in the habit of checking their emails for Black Friday deals.
Things they need. Things they don’t really need but “Ooh, what a deal!”
So if you’re planning a Black Friday offer or marketing campaign, listen up! I’m here this week to answer these questions:
What’s the best way to protect the digital products I’m selling on Black Friday?
What marketing language or disclaimers should I be using to protect myself for my Black Friday campaign?
When do I really, legally, have to give a refund?
I’m Maria Spear Ollis, aka The Lunar Lawyer, and I’m going to shine some light on your top three legal questions about Black Friday.
Selling Templates, Courses, and Downloads: The best way to protect your digital products ahead of Black Friday
By far, THE most common question I get when it comes to selling some kind of digital product is a version of this:
How can I make sure the customer understands this is my original work and it can't be copied or used in their own products?
My answer: 1) your terms and conditions, and 2) copyright protection.
What good terms and conditions will say
Good terms and conditions will make very clear:
That the buyer doesn’t have IP rights to the content just by purchasing access;
What the buyer can and can’t do with your content; and
Your unlimited, solid ownership rights in the content.
Yes, my Website Protection Bundle specifically asks if you’re selling digital products on your website. (Then, it pops in some super protective language specific to digital products.)
But hear this: You can have the best, most air-tight, most legit legal terms…
…and they’d be useless if your customer doesn’t agree to them before purchasing.
This goes for online courses, too.
So make sure you have that checkbox in place.
How copyright will better protect your digital products
I’ve talked about the benefits of copyright registration several times, but if I had to pick my top two benefits, they’d be:
The fact that you get between $750 and $30,000 per infringed work if someone infringes (per the US Copyright Act), so that you don’t have to prove your “damage;” and
The potential to get your attorneys’ fees paid. (So basically, enforce your rights for free.)
Copyright registration is significantly less of an investment than trademark registration, so it’s always worth it, IMO
So the best way to protect your digital products ahead of Black Friday?
At the very least, get some solid terms in place that your customer agrees to before purchasing. And, think about copyright registration, too.
Marketing language and disclaimers to have in your back pocket for Black Friday.
Black Friday messaging is SO TRICKY, right?
You have to get your message across with the goal of making sales to the people that need what you’re offering.
You don’t want to use more words than necessary to get your point across.
So you use images.
Maybe a graph showing how much time they’ll save.
Maybe a chart showing how much, on average, your students have earned since enrolling in your program.
Maybe an assortment of testimonials where everyone sings your praises.
Not so fast.
When it comes to using testimonials and marketing your offer, the overarching principal I want you to remember is:
Avoid being misleading.
In your email subject lines.
On your sales page. (Earnings claims, like “I made $5,000 using this same method!”)
And yes, even how you’re using testimonials.
My top 7 tips when it comes to your Black Friday marketing:
➡️ Don’t ask a friend, family member, team member, or anyone who hasn’t experienced your products or services to leave a review.
➡️ Don’t provide people an incentive to leave a POSITIVE review. Incentives themselves are ok but the review had better have a disclosure.
➡️ Don’t suppress or hide negative reviews. Or hire someone or use software to do this – yes, there's SUPER popular software out there that breaks this rule!
➡️ Don’t use someone's review and photo (that they left on Google or social media) on your website or in your emails without their permission. This is a right of publicity issue.
➡️ Beware of CTAs (calls to action) in your sales page or emails that have earnings claims. “Sign up to start making $10k months!” “I started making 10k within 2 months of starting this program!”
➡️ Earnings claims should either have backup information (“Most people achieved this result by finishing the course and completing all required workbooks”) or a disclosure with generally expected results.
➡️ Using affiliate links? Steal this affiliate link disclaimer for your emails:
I only use and recommend products I know, trust or just intuitively feel are Awesome with a capital A. I will get a commission (at no cost to you!) if you buy using any affiliate link in this email.
When do you legally HAVE to give a refund?
Refunds are generally covered under state law. But a majority of states agree that someone’s right to a refund depends on the retailer’s refund and return policies.
Ahem. Reason #1 why I included a refund and return policy in my Website Protection Bundle.
When refunds are required for products
There are some specific rules that apply when we’re talking physical vs digital products. But generally, in 14 states, if you DON’T offer refunds, you must conspicuously say so at the point of sale.
Big states. Like CA, NY, FL, and others.
So the best rule of thumb? Post. Your Refund. Policy. And stick to it.
Things that a good refund policy covers:
-Whether you will accept refunds at all.
-If yes, the circumstances where you’ll agree to a refund:
EXAMPLES FOR PHYSICAL PRODUCTS: If the product is unopened, in original packaging, the return is made within 10 days, etc.
EXAMPLES FOR DIGITAL PRODUCTS: If the refund request was made within a certain number of hours of purchase; if the buyer proves they took your course and did all of the modules but is still dissatisfied and provides a statement as to why
-The form of the refund — money back vs. store credit.
When refunds are required for services
Services are different than products but they’re just as susceptible to chargebacks. (Aka, when a purchaser disputes the charge with their bank or credit card company.) Typically, a refund is necessary if:
-The provider didn’t deliver the services as promised or advertised;
-The provider cancels without proper notice;
-The provider misrepresented the services.
THIS IS WHY YOUR CONTRACT AND DISCLAIMERS ARE SO IMPORTANT. Including a crystal clear, not-at-all ambiguous description of what’s included is paramount. And speaking truthfully and avoiding misleading statements — especially when it comes to those testimonials — is so important in the way you market your services.
Conclusion
Whether you’re offering an online course or simply just popping into your audience’s inbox during this crazy time of year, I hope this post helps you better understand how to best protect your digital products, the do’s and dont’s when it comes to marketing your offer, and when refunds are required (and why a refund policy is so important).