Non-Compliance potentially false or deceptive online advertising claims. If your advertisements don’t comply with the law, you could face enforcement actions or civil lawsuits.
For advertisers under the FTC’s jurisdiction, that could mean: injunctions by federal district courts.
What is the FTC three part test
An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition.
Congress codified the three-part unfairness test in 1994.
What are the rules of endorsement
The signature on the document for the purpose of endorsement must be that of the endorser or any other person who is duly authorized to endorse on his behalf.
If a cheque is payable to two persons, both of them should sign their names in their own handwriting.
How do you become a micro-influencer?
- Find Your Niche
- Share Content Targeted In Your Niche
- Find Brands That Are Also Targeting Your Niche
- Tag And Create Targeted Content For Brands
Can I use influencer marketing to promote a website
Websites/Blogs Most influencers and celebrities have their own website or blog. You can use this to your advantage with influencer marketing.
You can work with an influencer to create sponsored content for their website or blog.
It could be in the form of a written post, video, or even a podcast episode.
What should be the maximum target length for an influencer video
Instagram. Your videos should be no more than 60 seconds in length, as that is the upper limit for what the platform will support.
Data compiled by HubSpot suggests 30 seconds might be an ideal time frame, as Instagram videos that received the most comments typically averaged about 26 seconds in length.
Do influencers have to disclose ads
Disclosure is very important to the FTC. So as you make your agreements with influencers, have disclosure guidelines.
Influencers must also identify sponsored posts. Many times, they don’t do that.
Can you sue an influencer
It is possible for an influencer to create a contract that protects them from claims brought against them by third parties.
If this is the case, you would only be able to make a claim against the manufacturer.
Are there any laws regulating the paid promotion of products services online by influencers
The FTC holds brands responsible for ensuring that influencers comply with false advertising laws, including the FTC’s disclosure requirements and guidelines.
The FTC also holds individual influencers responsible for complying with such laws.
How do influencers get brand deals
An influencer’s inboxwhether it’s email or direct messages on social mediais often where that process begins.
Some influencers will start building relationships with brands by cold-DMing them on social media, like Instagram.
Do influencers have to say it’s an ad
Influencers must also identify sponsored posts. Many times, they don’t do that. Or when they do, they make the disclosure subtle and somewhat hidden.
The specific rules for advertising vary slightly by country, so make sure to check the most current requirements where you’re based.
Can influencers be sued for false advertising
“It is a violation of the law when influencers make up claims to grow their follower count.
Additionally, it violates the law for influencers to push products and promote brands without disclosing they are being paid to do so.
The toxic culture of undisclosed advertising and fake claims by influencers needs to end.”
How do I ask an influencer to promote my product for free?
- Use a catchy email subject line
- Be accurate
- Connect in the first sentence
- Be clear about the ask/compensation
- End with a clear CTA
- Keep it short
What laws are in place for social media
Laws associated with social media litigation include the Digital Millennium Copyright Act and the Communications Decency Act.
Defamation and privacy lawsuits can be filed based on social media content. Social networking sites often have greater protection under the law than their users.
What are the 3 laws that regulate advertising?
- the FTC Act, which prohibits ‘unfair or deceptive acts or practices’;
- the Lanham Act, which is the federal false advertising statute; and
- the Dodd-Frank Wall Street Reform and Consumer Protection Act
How do I write an affiliate disclaimer?
- Tell everyone that you’re getting paid
- Explain why you’ve chosen the specific products
- Disclose whether you receive free products
- Let everyone know if you participate in Amazon Associates
What are examples of sponsored content
All sponsored content is native advertising, but not all native advertising is sponsored content.
Sponsored content comes in the form of videos, tweets, Facebook posts, Instagram posts, videos, infographics, paid articles, and more.
The advertiser pays for the content creation and the influencer or publisher shares it.
Do you have to disclose sponsored content
All media is required to have a disclosureincluding social media. If you have a sponsored blog post that you are tweeting to your followers about, you have to include something that makes mention of the fact that you are being compensated.
What are 3 tips for sharing engaging sponsored content?
- Natural product placement
- Take good pictures
- Let your photo do the talking
Do you need an affiliate disclosure
If you receive product endorsements on your website, you need an affiliate disclosure. Having this disclosure is required by the US Federal Trade Commission (FTC).
An affiliate disclosure lets your readers know that you are being compensated by the companies whose products you mention in your content.
Is it illegal to not disclose sponsorship
In the USA the obligation to disclose sponsored content is on the creator. The FTC can bring a case against you not only if you failed to disclose your sponsored content at all, but also if you failed to declare it in the correct way.
Brands are not exempt either.
Is it illegal to not disclose a sponsor
In the USA the obligation to disclose sponsored content is on the creator. The FTC can bring a case against you not only if you failed to disclose your sponsored content at all, but also if you failed to declare it in the correct way.
Do you have to disclose if a video is sponsored
Disclosures. To be within FTC guidelines, YouTubers must disclose who they are working with when they post sponsored content.
If YouTubers participate in a brand deal, product placement or receive a free gift, they must clearly disclose it to their viewers within the video’s description.
Who enforces false advertising
The FTC enforces these truth-in-advertising laws, and it applies the same standards no matter where an ad appears – in newspapers and magazines, online, in the mail, or on billboards or buses.
Can I sponsor a Youtuber
As long as you have an engaged audience, it’s possible to secure sponsored content opportunities on YouTube.
Here’s how to get started: Make your channel look professional. Grow your subscriber base with target audience members.
Can you advertise without a permission
At its most basic, the “right of publicity” is the right to prevent others from using you for commercial purposes without your consent.
New York, for example, prohibits the use of a person’s name, portrait, picture, or voice for purposes of advertising or trade without first obtaining written permission.
Do you have to disclose affiliate links on YouTube
For example, if you include an affiliate link in a YouTube video, you should disclose the link in the video (even if you just do so verbally), rather than putting a disclosure in the description box.
How do you tell if a video is monetized
When you turn on ads, you’ll see a monetization icon next to each video.
The icons let you know if the video is monetizing. Whether you’ll get revenue depends on several factors, including copyright claims, revenue sharing, and advertiser-friendliness.
Is #ad required
It’s fine to also include a hashtag with the disclosure, such as #ad or #sponsored, but this is not a set requirement.
The main thing is to ensure your disclosure is crystal clear, and isn’t open to any misinterpretation.
What are unfair trade practices
The phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer.
These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law.
References
https://business.instagram.com/blog/deconstructing-disclosures-do-creators-need-to-say-when-theyre-getting-paid
https://breezy.io/blog/how-to-disclose-affiliate-links
https://www.podia.com/articles/youtube-sponsorships-and-brand-deals
https://whatshotblog.com/how-to-disclose-gifted-products/
https://brands.joinstatus.com/youtube-sponsorships
