Social Media Marketing: What Advertisers Should Know about Using Social Media

Whether it’s Facebook, Twitter, Instagram, or the next big thing, advertisers are increasingly turning to social media to engage their customers.   While social media offers advertisers a great opportunity to connect with customers and build their brands, it also presents real and substantial legal risks to those advertisers who are not careful.  Companies cannot use social media in the same way that individuals can use social media.  The Federal Trade Commission is watching closely to ensure that advertisers and those with a material connection to an advertiser are being transparent when communicating in social media.  Celebrities are quick to complain about any use of their name and likeness, and space limitations inherent to the platforms make it difficult to include required disclosures.  

Winston & Strawn partner Brian Fergemann provides an overview of the legal risks advertisers face when using social media, and offers practical tips on how to comply with applicable FTC guidance and steer clear of lawsuits by private parties.

Learning Objectives:

I.     Understand how the FTC’s Guides Concerning Endorsements and Testimonials impacts your company’s use of social media

II.    Know the legal risks associated with engaging others to promote your brand in social media and understand how to mitigate those risks

III.   Identify best practices for discussing current events and celebrities in social media

IV.   Detail the basic rules for conducting promotions on the various social media platforms