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Everyone, including the FTC, customers, competitors and random people on the street are trying to expose your business for lying. If they find something wrong with your business, especially your marketing, it can usually mean a big payout for them in the form of a lawsuit.
As the popular face of the company, from a legal standpoint, it is very important to keep working. Failure to do so can lead to negative attention, a lawsuit, loss of consumer confidence and damage to your brand.
Just don’t lie.
First of all, the cardinal rule of your marketing is never lie. If you get caught lying about your marketing, expect a big wave. The FTC may come to impose fines, or misled customers may sue you.
But marketing is more than just truth and lies. Marketers are a way to communicate these truths to their audiences. What truths do they contain and what secrets are left behind? What information is highlighted in the fine print below and what is left behind?
When making statements, slogans and comments, it is important to make sure you are not lying. Unintentional lies or false statements can also get you into trouble. It happens to everyone, including the largest companies in the world.
If a company makes a statement, make sure it’s an opinion or that it can be backed up by facts and data. If you want to show that your product is better than your competitors, it’s dangerous to say “the #1 product on the market.” You need to get proof or give feedback, such as No. 1 in sales or independent research. Instead of saying, “The best product,” “Our product is the best,” say, “Oh, my goodness.” That’s more of an opinion than a first statement.
It’s not just slogans that can be misleading. When you’re creating content for your company blog, it can be difficult to create interesting content. It can be tempting to get people to read your content, exaggerate and exaggerate the truth. Be careful, if you pass on too much, you could get in trouble for glossing over consumers.
Keep an eye on images.
A major part of marketing is the visual element. If your marketing is harmful to your eyes, people won’t see it. In particular, photos are necessary to hold people’s attention and get along with them. However, improper use of photos can cause serious problems for your business.
Copyright
The first serious legal problems arise when you use photos that the company does not own. If you are not a professional photographer, you can use photos you find online. If the photo will be used for marketing purposes, you must have the right to use the photo. There are several ways to get free photos through Creative Commons, but if you want to be safe, buy stock photos.
Using photos you don’t own for commercial or marketing purposes is copyright infringement, and you can sue the company. Even if you take an existing photo and substantially alter it, you are at legal risk. Make sure you have permission for the image before using it in a brochure or website.
Incorrect image.
But copyright is not the only legal slippery slope. The way you change your image, especially ads or images that represent your product, can get you into trouble.
A good example of this is an ad for Olay’s Definity eye cream. In the commercial, former model Twiggy (then in her 60s) was wrinkled and looked much younger. As it turns out, the photos in the commercial were photoshopped to completely eliminate her wrinkles. This misleads consumers about the effect of products based on the photos of the ads, and as a result, the ads are banned in many countries.
Even if you use it to mislead consumers without changing the photos, it can be confusing. Make sure that the photos you use, especially those of a specific product, do not exaggerate the actual results.
The murky waters of social media
The laws of social media are still being created and understood. Companies are always sharing other people’s followers and posts, posting links to content they don’t create, and openly reaching out directly to consumers. As companies try to go big on social media, they often forget to legally spy on them.
Many marketers assume that people can behave as they do in their personal social media accounts. No, they don’t. A person can share pictures that don’t belong to them on social media without fear of a lawsuit, but companies can’t.
A good rule of thumb when posting things on social media that don’t belong to you is to get permission first. Posting other people’s videos, images, quotes, reviews, comments, etc. should always be preceded by a request for permission. It’s polite, considerate and can make someone’s day better.
More importantly, it can help avoid litigation. If someone doesn’t want to publish a post, they won’t give you permission and you can move on.
Now follow the rules above when creating your own content. Don’t lie, make sure you have the right to what you’re doing, and don’t mislead. If you’re creating a video with music, use music you have rights to. Including the latest pop songs can make your video really exciting, but the artist’s lawyers can come after you.
Contests and prizes.
A very popular way to improve your social media following and stay with your fans is to enter contests and win great prizes. However, running these kinds of giveaways can be legally complicated. Be sure to check your local laws regarding raffles, prize draws, contests, raffles, etc.
Make sure the rules for all prizes are publicly available; that way, people know exactly their chances of winning. Do opportunities appear randomly or do they appear based on performance? What information is needed to be considered? Are there restrictions on who can enter, such as geographic and age restrictions? This information should be available to people interested in entering.
Don’t be afraid to have bidders sign a contract agreeing to your rules. Digital and electronic signature software makes it very easy to sign legally binding contracts that help cover your business. Ask a qualified attorney to review it and use it to help prevent litigation.
Provide up-to-date information about changes in the law
The legal environment changes every year, so stay informed. When another company or entity gets sued, analyze your business to see if you could be sued for the same reason. If you are worried about something, talk to your attorney to find out what risk your marketing poses. Be proactive in looking for potential causes of action and address them immediately.
Above all, you must get permission from viewers or potential customers before you can assign an audience to your channel. Rights marketing is important to ensure that you don’t interfere and harass your customers while still retaining the legal right to broadcast messages.
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