Social Media Advertising

Our NYC and Miami Entertainment Law Firm advises and represents clients in all legal matters related to music, sports, television/film, visual and literary works, modeling, online matters, and intellectual property.

Social Media Advertising

Social Media is extremely important to building a loyal following that connects with you, shares your content, invests its time, energy and resources into providing feedback for you, and spreads the word about your brand to people they know.

Whether you’re an entertainer, an entrepreneur, an artist or an athlete, if you have a significant following on Facebook, Instagram, Twitter, Tik Tok, Snapchat or any of the other Social Media platforms that we use on a daily basis – you will be approached by companies who want to take advantage of your impressive Social Media following and bring attention to their products and services.

However, when you decide to advertise on Social Media or receive payment for such endorsements, you need to make sure you follow certain rules established by the Federal Trade Commission of the United States (and probably under your state’s law too).

  • What happens if you start running your business, and then realize that someone is already using the name of your company as a domain name or a Social Media handle?
  • What if someone hasn’t started using it, but just secured your preferred name for themselves, hoping that one day you will come asking for it and pay them a lot of money?
  • What if someone has stolen the unique way in which your website is designed, organized, stylized and is trying to use your fan base for their commercial advantage?
  • What if someone has registered a domain name that is similar to yours, but not identical, in hopes of luring customers who have mistyped your company’s name?

The Federal Trade Commission's Testimonial and Endorsement Guidelines provide that:

  • Statements that state or imply the Endorser's support for a product or service are called testimonials and endorsements.
  • The statements must be the honest opinions of the Endorser – truthful and not misleading.
  • The messages must accurately describe the endorser's experience or opinion.
  • The Endorser must be bone fide user/customer at the time the statement is made.

Here at ChaseLawyers®, we work with companies and Social Media Influencers alike to help both sides navigate the landscape of endorsement deals and advertising guidelines and help them:

  • Agree on the mutually beneficial terms of an Endorsement Deal.
  • Analyze potential risks of not following the FTC’s Guidelines – negative publicity, damages, consumer redress penalties, litigation/investigation costs.
  • Identify what qualifies as an endorsement or a testimonial.
  • Make sure Social Media Influencers use proper disclosures for their posts.
  • Make sure Companies know what to look for in monitoring the behavior of their Endorsers.
  • Determine what qualifies as a proper disclosure, where to put it and what language to use.

Fighting Infringement On Social Media

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Contact Our Attorneys

The ChaseLawyers® Social Media law firm represents start-up owners, entrepreneurs, website and mobile app owners, fashion designers, inventors, Amazon store owners, eBay store owners, as well as Social Media influencers, musical artists, producers, record labels, visual artists, movie makers, and international athletes and would be happy to help you with any of the above-mentioned questions.

To contact our team of experienced Internet and Social Media attorneys please call ChaseLawyers® at 305-373-7665 or e-mail us using the Contact Us Form and we will be in touch with you shortly.

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