What Influencers Need To Know and Do When Recommending Someone Else’s Products or Services!
When an influencer recommends another person or promotes, shares or sells a third party’s products or services, she may be exposing herself to liability. This concept also applies to influencers who appear to be representing a product or service by their endorsement or “taking over” a person or company’s social media account.
Before we get started, please keep in mind that although I am a lawyer licensed to practice law in California, I’m not your lawyer. No legal advice is given in this article, and you should consult a qualified lawyer in your state with your questions or needs.
Having gotten that little California State Bar requirement out of the way, I’d like to share the following thoughts with you. This is a complicated and developing area of the law. Conflict of law issues together with new court holdings make it important for influencers to stay on top of these legal issues. With this in mind, I hope you find value in this post.
Recommendations of People, Products, and Services
You are an influencer who is asked to recommend or use a third party’s products or services.
While each case is different, under both State and Federal law, anyone who recommends another person or company’s product or service, can potentially be held legally responsible for damages sustained by an end user. If someone in your audience reasonably relies upon your recommendation and suffers harm because of negligence or even an intentional act such as fraud by the client who hired you, then the victim(s) could potentially point the finger at you for making that recommendation. Theories of liability differ in each state but may include negligence, fraud, breach of express and implied warranty and defective product theories including strict liability. Special, general and even punitive damages may be available to victims showing harm, damages, and losses.
Continue reading “SOCIAL MEDIA INFLUENCER LIABILITY”
Too many people I know are distracted drivers. It’s sad. It’s not OK.
My takeaway after reaching out and talking with them is that many feel as though (1) they are more important human beings than everyone else; (2) they are a better drivers than everyone else or, (3) because of the way they handle themselves as a distracted drivers, they’re doing it safely.
Here’s a reality check that everyone should appreciate and understand. On all counts, these people are wrong and in some cases, dead wrong.
I hear this all the time:
“Mitch, I’m an excellent driver. I’ve never had an accident. I’m careful when I live stream or update social media while driving.”
I just have to roll my eyes when I hear this. Look, here’s the deal. Despite how great you think you are at driving, there is no such thing as a good distracted driver. Let’s look at the facts:
There’s a reason why 4,000 to 6,000 people are killed, and another 400,000 to 600,000 people are injured in the U.S. each year because of distracted driving (experts predict the true unreported numbers are much higher). To put things into perspective, drunk driving only injures 290,000 each year.
Continue reading “I’m Calling “Bullshit” on The Top Three Distracted Driving Excuses!”
April is Distracted Driving Awareness Month and to help keep you and your family safe on the road, we invite you to watch our interview with CNN’s award winning Digital Correspondent & Editor-at-Large, Kelly Wallace.
Each week on TheShow.live, my co-host, Jennifer Hoverstad, and I enjoy bringing you fascinating people who are bringing change to the world. In this episode, we Kelly shared her research and reporting on the dangers of distracted driving and, several good insights as to the dangers of using your phone or other mobile device while driving.
During the show, we were joined by Jennifer Quinn of The JennyQ Show, and California police officer Mike Bires. As a community, we exchanged thoughts and ideas about the dangers of distracted driving and we also talked about the different ways we can help stop this dangerous and deadly activity.
Please watch Kelly’s powerful CNN series on distracted driving by clicking here.
Continue reading “CNN’s Kelly Wallace on TheShow.live”
6 Live-Streaming Rock Stars to Electrify Your Video Strategy (click here to read the post)
Here’s why I’m a fan of Chris Strub: He’s the first person to live-stream and Snapchat in all 50 U.S. states, having taken a 100-day solo journey in the summer of 2015 to work with youth-related organizations nationwide. Chris is the author of “50 States, 100 Days: The Book,” a former social media consultant with Humana and a speaker at The Social Shake-Up 2017 in Atlanta. For more about Chris, visit TeamStrub.com.
You can catch my weekly show, with co-host Jen Hoverstad, Wednesdays at 4 pm ET at TheShow.live
My friend, Mike Allton, just shared this new post that offers massive value to anyone interested in becoming a successful Solopreneur. I’m honored to be part of it.
Click here to enjoy Mike’s post.
Click here or below to watch Mike’s recent episode on TheShow.live 😉
What would social media and livestreaming be without photography and videos?
I enjoyed being a (small) part of the Summit Live 2017 Photography Panel with the talented Roberto Blake, Keith Dixon, and livestreaming moderator extraordinaire, Ross Brand. Here’s the video.