Tag Archives: Social Media

Self-Serve TikTok for Small Businesses, Too

In the wake of COVID-19, businesses of all sizes continue to take stock of their spending practices, losses, ongoing threats, and opportunities for revival and growth.  Investment in marketing is ripe for such an evaluation, including advertising mix, production expenses, and return.  In June, 2020, the Interactive Advertising Bureau (IAB) reported that while overall spending … Continue Reading

Webinar: Advertising and Litigation Risks for Food and Dietary Supplement Companies

Join Jason Gordon on Wednesday, May 13, 2020, for a live webinar hosted by the FDLI and titled, “Influencers, Social Media Advertising, and Litigation Risks for Food and Dietary Supplement Companies.” Food and dietary supplement companies are increasingly using influencers and social media to advertise their products. These marketing strategies are even more important during … Continue Reading

COVID-19 Legal Impact on Brand Advertising and Marketing

The unprecedented disruption caused by the novel Coronavirus (COVID-19) pandemic has created challenges for brands. Temporary and perhaps permanent changes to advertising and marketing strategies and executions have occurred and will continue to impact brands. On Tuesday, March 31, 2020, Douglas Wood and Keri Bruce, partners at Reed Smith LLP, the ANA’s General Counsel and … Continue Reading

Proposed updates to German influencer labeling #Ad

On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation … Continue Reading

FTC Releases Guidance for Influencers

On Tuesday, the FTC released a set of guidelines for online influencers dictating when and how influencers must disclose sponsorships to their followers. The guidelines, available here, break down disclosure requirements and provide tips for influencers on how to avoid deceptive advertising. In general, the guidelines largely reflect what the industry has gleaned from FTC … Continue Reading

Website and Its Operator Settle FTC Charges They Sold Fake Indicators of Social Media Influence

Devumi, LLC (“Devumi”) and its owner and CEO, German Calas, Jr. (“Calas”) have agreed to settle the Federal Trade Commission’s (“FTC”) complaint alleging that Devumi and Calas engaged in deceptive online marketing tactics in violation of the FTC Act. In this first-ever type of complaint, the FTC alleges that Devumi and Calas sold fake indicators … Continue Reading

Model Misbehavior? Gigi Hadid Faces Copyright Suit Over Instagram Post

Gigi Hadid found herself sued for copyright infringement by New York photo agency Xclusive-Lee, Inc. over a photo the fashion model posted to her Instagram account. The disputed photo was of Hadid herself, smiling at the camera while wearing a blue denim jacket and matching shorts with silver heels, and was snapped by paparazzi. Xclusive-Lee … Continue Reading

Preparing for the Next Phase of Influencer Marketing – The CGI Influencer

Social media influencers are constantly competing for likes, partnerships, and ways to differentiate themselves from others. A surefire way to distinguish oneself in the ever-growing sea of social influencers? Being a robot. Computer generated social media influencers like Lil’ Miquela and Shudu have racked up millions of Instagram followers and likes and have secured several … Continue Reading

Illinois Biometric Lawsuit Against Facebook Moves Through Court System

A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is slowly moving through the courts. The BIPA requires written notice and consent for the collection of biometric identifiers or biometric information of Illinois … Continue Reading

Arrgh! Social Media Post Lands “Pirate Joe’s” in Hot Water

In the highly-publicized case about unauthorized reselling of Trader Joe’s merchandise by renegade Canadian merchant “Pirate Joe’s,” social media provided the powder keg for Trader Joe’s arbitration enforcement demand. The case set sail in May 2013, when Trader Joe’s sued Pirate Joe’s proprietor Michael Hallatt for federal trademark infringement and violations of Washington state consumer … Continue Reading

Judge Agrees – YouTube Mockery Protected by Fair Use

Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon other Internet content, boasting 4.9 million subscribers on their YouTube channel.  Not everyone laughed along though, particularly fellow YouTuber Matt Hosseinzadeh, … Continue Reading

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media endorsements. Martin and Cassell are both operators of YouTube channels with millions of subscribers in the online gaming community and owners and officers of CSGOLotto, Inc., an … Continue Reading

Influencers and Advertisers Warned By FTC Over Instagram Posts

The Federal Trade Commission (FTC) announced this week that it sent more than 90 letters to social media influencers and advertisers, reiterating the need for influencers to “clearly and conspicuously” disclose their relationships with brands in social media posts that promote or endorse branded products. The FTC reviewed the Instagram posts of various unnamed celebrities, … Continue Reading

It Was a Matter of Seconds: Putative Class Action Complaint Filed Over Facebook Video Metric Error

A putative class action lawsuit has been filed against Facebook, Inc. just one month after Facebook announced that an erroneous formula had caused it to inflate a key video metric for the past two years. Facebook admitted the error in a September 23, 2016 post on the Facebook business page.  The metric at issue—the average … Continue Reading

Privacy Watchdogs File Complaint With FTC over WhatsApp’s Privacy Policy Change

Yesterday, the Electronic Privacy Information Center (“EPIC”) and the Center for Digital Democracy (“CDD”) filed a complaint with the Federal Trade Commission against WhatsApp, Inc. According to the complaint, WhatsApp posted an entry on its company blog on August 25, 2016 announcing an update to its Terms of Service and Privacy Policy. The updated Privacy … Continue Reading

Pinterest Updates its Promotion Guidelines

Last week, Pinterest updated its Acceptable Use Policy, which governs its policies for conducting a contest and sweepstakes. Pinterest policy previously: Prohibited brands from running a sweepstakes where each Pin, board, like, or follow represents an entry; Prohibited brands from requiring entrants to Pin from a selection; or Prohibited brands from requiring a minimum number … Continue Reading

Public Service Campaign regarding children’s online safety

The Children’s Advertising Review Unit (CARU) and the BBB are pleased to announce the launch of its second Public Service Campaign regarding children’s online safety.  CARU’s first campaign titled, “Do you know where your children are…on the Internet?” was broadcasted on the major network and cable channels, received thousands of views on social media and … Continue Reading

Facebook Posts Important Advertising Law Win

On October 30, 2015, Facebook, Inc. posted an important win in the Ninth Circuit Court of Appeals. In a non-precedential decision, the court upheld the federal district court’s dismissal of a complaint filed by a proposed class of minor Facebook users. The plaintiffs alleged that Facebook’s terms of use—specifically, a provision granting Facebook the right … Continue Reading

New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosures

This post was written by John Feldman, Keri Bruce and Sara Shahmiri. After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked questions entitled “What People Are Asking” (the “FAQs”) to address questions that were on advertisers’ minds.  More than … Continue Reading

Brand Owners: Do You Know Your Social Media Ownership Rights?

A recent district court case reminds companies and brand owners to establish clear guidelines or contractual rights with respect to brand-related social media pages' administration and ownership. Plaintiff Stacey Mattocks independently ran an un-official Facebook fan page which focused on the TV show the "Game". After Black Entertainment Television network (BET) acquired rights to the TV show, it hired Mattocks to promote and grow the brand on the page and provided exclusive content and IP to Mattocks. During Mattocks' employment, the number of page "likes" grew from 2 million to 6 million. Mattocks had granted BET full access to the page to update content but later, during a dispute involving Mattocks' terms of employment, Mattocks demoted BET's ability to access the page without her approval and claimed ownership of the page. BET approached the social media platform to regain control and Mattocks filed suit for various claims against BET (such as breach of contract and tortious interference with contract). While social media platforms offer certain protections to companies and some include official or verification procedures, this kind of litigation and expense could have been avoided with more careful planning with respect to allocation of rights and ownership up front.… Continue Reading
LexBlog