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With an Experienced Los Angeles Business Attorney

Social media is everywhere. No matter where you go you will see a link or someone on Instagram, Facebook, TikTok, Twitter, LinkedIn, or one of the other social media sites. What does social media have to do with your partnership, corporation, or limited liability company (LLC)? Well, if you are doing any marketing, public relations, or advertising, then social media is probably huge to your business.

What most owners of a partnership, corporation, or limited liability company (LLC) may not know is that the partnership’s, corporation’s, or limited liability company’s (LLC) posts, giveaways, and influencer ads are governed by more than just Instagram, Facebook, or other platform rules and terms of service. The Federal Trade Commission and Federal Communication Commission also govern social media giveaways.

The Law Office of Eric J. Proos, P.C., works with influencers to form their partnership, corporation, or LLC, review and draft contracts with other partnerships, corporations, or LLCs for services, and also to draft the rules and guidelines for any online giveaways and promotions.

If you are an influencer or a partnership, corporation, or limited liability company (LLC) that works with influences or has constant giveaways call us today at (213) 784-3640 to discuss your next Instagram, Facebook, Twitter, TikTok, or other social media promotion.

What Should be Disclosed

Everyone knows, or should know, that if you are an influencer and are being paid to post about a product that #ad must be added to your caption. But most people and brands think that is all that is required. However, that is not true. Maybe you are not being paid to post the brand but just receive a discount or free merchandise. Well, this is a form of compensation and you must disclose your relationship with the brand.

You cannot assume that your followers know your brand relationships. Being over cautious and add information about your paid promotion even if you are unsure. Be sure to not endorse or review something you have not tried. Even if the company is hounding you for a review, if you have not tried it do not review or endorse it. Here is some helpful information from the FTC. The FTC has also published this guide for endorsement which is a good place to start for influencers and companies.

If you are a company you have to have your giveaway and influencer agreements in place. Do not take a stock agreement you found online, because it may not apply to you and your company. Make sure your giveaways abide by the social media platform rules. For example, Instagram requires the following:

  1. Terms and eligibility requirements;
  2. All entrants must abide by all applicable rules and the company must be compliant with all rules;
  3. Make clear the time to enter and when entries are no longer accepted; and
  4. How a winner will be chosen, just to name a few.

Most important, Instagram states that the partnership, corporation, limited liability company (LLC), or influencer conducting the giveaway must abide by all rules and laws that govern online giveaways. This includes the Federal Trade Commission and the Federal Communication Commission.

The Law Office of Eric J. Proos, P.C. has advised one of the world’s leading public relations companies on the giveaway rules for its consumer products, and is ready to help you as an influencer, your partnership, corporation, or limited liability company (LLC) with the legalities of social media.

Call today at (213) 784-3640 to speak with Los Angeles business attorney, Eric J. Proos, to discuss your social media account and the legal steps for promotions, endorsements, and giveaways.