Blog with Integrity

This week in influencer marketing: New York Times “discovers” Influencer fraud; Washington Post columnist laments changes in online mom influencers; Facebook changes the rules. Again.

February 3, 2018 by Susan Getgood

In my post on January 22d, I noted that there was at least one article about influencer marketing every day, often more.

This week was no different, except for a change, the articles weren’t only in industry press. They also were in the papers that many consider the newspapers of record of the United States, The New York Times and The Washington Post.

New York Times “discovers” influencer fraud

This is not news. We’ve long known that the social platforms are chock full of fake accounts. ALL OF THEM. But most especially Twitter, the subject of the NYT story last weekend and follow-up posted on Thursday.

What is news is that it made it to the front page of a paper of record.

The NYT article dug into the business practices of Devumi, a firm used by celebrities, politicians, athletes and other prominent Twitter users to boost their followers. Long story short: lots of fake followers, often based on the identities of real people, artificial scale at best, fraud at worst.

The follow-up article reported that in the days after the original piece, many fraudulent accounts just vanished. Oh, and the company moved OUT of Florida, where it was about to be the focus of an investigation, reportedly to Colorado.

Lots to unpack in this, from the responsibility of the social platforms to better secure their systems to the imperative of scale to prove influence. The latter is what interests me for the purposes of today’s post, although I expect I will comment on the responsibility issue at some future point.

Certainly, there are celebrity influencers with huge Twitter followings on the roster of the companies that sell fake followers. It stands to reason that in the search for scale, some took a shortcut. Not news. Influencer marketing agencies and platforms know this, and have taken what steps they can to guard against it, as reported in Digiday.

From my perspective, this news is one large exclamation point to the value of quality over quantity when it comes to influencer marketing. Don’t get trapped into a numbers game that is easily gamed. Focus on building real relationships with the influencers who are your customers, your fans, your advocates. Less is more.

Advertising is and always will be about scale. It’s job is to cost effectively reach the largest number of interested people with your message in the shortest amount of time.

But influencer marketing is a different animal. Solid influencer marketing builds on relationships with influential customers who choose to advocate for your brand to reach other customers in authentic ways. Too much focus on scale perverts the fundamental nature of social influence. Not that scale isn’t important. But not at the cost of everything else that makes social influence effective.

Perhaps now the demand for scale will be tempered a little bit with an understanding that scale does not necessarily equal quality. My hope is that more folks will be receptive to this approach and stop chasing BIG follower numbers, choosing instead to match their influencer approach to their marketing objectives. When scale makes sense, such as launching a new product, and you need to raise awareness, turn to microinfluencers or celebrities to spread the word fast to many. But your bread and butter influencer strategy should be grounded in your true advocates, of any size, whose passion for your brand has real influence, and convinces others to try, buy, believe.

I am the eternal optimist.

WaPo columnist laments the changes in online mom influence

I feel like I have read this piece before. That’s not true, of course, but I have read so many like it in the past 15 years. From the fears of the longtime netizens when the web first began to commercialize to the circa 2008/2009 lamentations about the commercialization of blogs (which BTW led to the creation of Blog With Integrity,) and regularly since then, the constant refrain is that somehow sponsored content must be less authentic than spontaneous endorsement because it is solicited and curated.

In this article, the author misses the good old days of mom blogs, which she recalls as the authentic stories of parenting challenges, and bemoans the careful polish of today’s sponsored Instagram posts. Fair enough, and everyone is entitled to an opinion, But here’s the thing: the good old days always look better than today in the rosy glow of history. Some day, today will be the good old days.

The reality? There was good sponsored content and bad sponsored content “back then” and mom bloggers didn’t necessarily share everything even if it appeared more raw. The social currency was then and will always be the trust of your audience and the care which the endorser takes to ground her endorsement in a context that resonates for her readers.

There is no single perfect social platform, only the one where your customers are. “Back then,” blogs were the logical successor to forums and chat rooms, where many of the early parenting communities took root. Today, 15 years later, the new parent is likely from a completely different generational cohort. One that largely grew up digital, mobile phone in hand. Bottom line, if you are trying to reach millennial parents, visual formats like Instagram, Snapchat and video are a good bet for your marketing message.

That doesn’t mean that long-form is dead, or that no one is writing blogs anymore, or that Instagram has simply become a product billboard. Your social experience is what you make it. There is plenty of good writing, video and podcasting out there, if you want to find it. It may be advertiser supported, or part of a more traditional media property, or even behind a paywall, but it’s there, in parenting and any other vertical you care to name. There will ALWAYS be people who want to tell stories.

The question you have to ask yourself as a reader, is how do you want to support those storytellers? If you are getting the content for free, whether through Instagram, a podcast or a blog, you need to accept a certain amount of advertising with your content. You can decide how MUCH you want, but it isn’t fair to deny the storyteller fair compensation.

For their part, marketers need to be honest with themselves. Very little endorsement is truly spontaneous. Very few brands can generate unsolicited endorsement at scale. You need to pay to play somewhere. Isn’t it great that we can direct some of those dollars right back to our customers? I think so.

eMarketer is bullish on Instagram

eMarketer reports that Instagram is the most popular influencer platform, per research by influencer platform Zine.

Of course it is popular. It is easy to do, for the brands and the influencers, perfect for fashion, beauty and food, fast (no waiting 6 months to see uptake like with Pinterest) and the metrics are still squishy enough that “engagement” still counts as success. There are more Instagram influencer agencies, networks and platforms than I can even count any more, and new ones every day. All vying of course to be acquired by a bigger fish. Maybe even the biggest fish, Instagram/Facebook itself.

But it isn’t the only way to engage your influential customers as online advocates and evangelists. Blogs, Facebook, YouTube, bespoke online communities, your own website, media sites, even Reddit, Twitter and Pinterest, all have something to offer to the influencer marketing mix, depending on your objectives, your product, your timeframe, your customers themselves.

So use caution when faced with data showing Instagram as the winner in the sponsored content stakes or as doubling in size from 2016 to 2017, as one recent study from Klear touted. Of course the use of Instagram for sponsored posts grew significantly year on year, but Klear measured based on the presence of a disclosure hashtag, either #ad or #sponsored. This leads to a faulty analysis. You can’t compare the market in the (relative) wild west of 2016 , when many were largely still ignoring FTC rules, to 2017, when the FTC regularly issued warnings to influencers about poor disclosure and people started cleaning up their game.

Increase, yes. Double? Doubtful. There are probably a whole lotta posts in 2016 going uncounted. But, yay for better disclosure practices in 2017. Better disclosure is a good thing for consumers and for the social marketing industry, and about time.

Facebook changes the rules. Again.

Facebook has narrowed the acceptable uses of its branded content tool. In a nutshell, the person or entity POSTING the item must be the creator of or significantly featured in the content being promoted. You can post a sponsored video you created or star in but you can’t post a video for the sponsor in which you did not participate. Effectively making ads the default solution for most current video distribution.

In my opinion, this will translate into a short term decrease in opportunity for influencers who use their Facebook page for sponsored content, but a long term gain, as brands return to using more influencer generated/featured content in their marketing programs.

Wanna hear me talk about all this?

I was a guest on This Week in Digital Media, a Facebook Live show hosted by Chloe DiVita , and we discussed all these topics at some length. Watch here: https://www.facebook.com/PerceptivePresence/videos/182048805886795/

Photo credit: Matt Britton

Disclosing sponsored content: Celebrities, Instagram and the FTC

May 26, 2017 by Susan Getgood

Last month, the FTC sent letters to a bunch of celebrities, reportedly chastising them for improper disclosures. Here’s what this means for marketers and influencers creating sponsored content.

First things first. There are no new FTC Guidelines for Advertising Disclosures. Still the same basic rules we’ve been working with for years:

Disclose material relationships. If an influencer is compensated, whether cash or in-kind, she has a material relationship with the brand.
Clear, conspicuous disclosure in proximity to the endorsement. Unambiguous language. Placed where the consumer will see/hear it when she sees or hears the brand mention, the endorsement.
Accurate. The influencer and the advertiser both have an obligation to strive for accuracy and correct errors.

More details in my FTC Disclosure Guidance deck.

What we did get in April was additional FTC guidance on the disclosures.

FTC guidance typically comes when the agency takes an enforcement action. In this case, it was the 90 letters to various celebrities and celebrity influencers who regularly promote brands using insufficient or unclear disclosures, sent in response to a complaint from watchdog group Public Citizen last Fall.

Generally, FTC guidance focuses on what to NOT do by highlighting practices that it deems insufficient. The FTC does not give an exact blueprint on the right way to disclose a brand relationship. If someone tells you (and I have heard this): “This is the official FTC disclosure,” they do not know what they are talking about. There is no standard, official disclosure. Just guidelines and guidance and the business practices we have developed to comply.

What was in the current guidance? Nothing surprising to those of us that have actually read the guidelines and previous guidance. The only surprising thing was that the agency took the step to reach out to influencers. Typically it focuses on advertiser compliance, for example the Lord & Taylor Instagram dress campaign of March 2015, settled in March 2016.

Here are some of the reasons I think they took the step of addressing influencers directly.

First, letters were sent to celebrities with massive followings. We don’t know exactly who received letters but names in the Public Citizen complaint included David Beckham, Mark Wahlberg, Jenny McCarthy, Chris Pratt and Kendall Jenner. Whether or not celebrities have to disclose has been a source of much confusion, but the test is pretty clear — what will the consumer understand? When the celebrity is in a television or print advertisement, or an athlete is wearing her sponsor’s gear as she performs, the audience has a good understanding of the relationship of the celebrity to the brand. The context tells us. On Instagram, where most of the reported infractions were posted, we have no such context. Everyone is technically, literally technically, the same on Instagram. My posts are viewed by my followers in exactly the same interface as Kim Kardashian West’s view hers. Without disclosure, we don’t know whether the endorsement was sponsored.

Second, the disclosures that folks were using were inadequate. Phrases like “in partnership with” or “my partner,” the hashtag #sp (which has been on record as inadequate for years) and branded hashtags are not sufficient disclosures. Mixing up the disclosure with a bunch of hashtags or putting it at the end of a post where it might not be seen are not sufficient disclosures.

The clearest disclosure on platforms that don’t have character limits is Sponsored Post (or Video or Content), and on platforms that have character limits, #sponsored or #ad. Placed at/near the beginning of the endorsement, especially on posts that truncate on mobile like Instagram. In fact, the FTC was unusually specific when it came to this point, apparently in all the letters:

“…the letters each addressed one point specific to Instagram posts — consumers viewing Instagram posts on mobile devices typically see only the first three lines of a longer post unless they click “more,” which many may not do. The staff’s letters informed recipients that when making endorsements on Instagram, they should disclose any material connection above the “more” button.” (from the FTC press release)

Finally, the problem was spreading. Increasingly, brands are turning to influencers instead of traditional agencies. Especially on Instagram. The longer the FTC let the inadequate disclosures stand, the harder it would be to rein it in. Issuing enforcement letters to celebrities, not just big social influencers, guaranteed a certain amount of media coverage to help the agency get the facts in front of consumers and influencers. In addition to its press release and media outreach, the agency posted the news on both its consumer and BTB blogs.

Bottom line — we are far better off creating amazing content that our audience will love, sponsored and unsponsored alike, than trying to evade the disclosure requirements. Using obscure and inadequate disclosures, especially when there is intent to deceive, betrays the trust of the audience. Don’t do it. It’s not fair to your audience and the FTC is watching.

—

In other disclosure news, Facebook has expanded the availability of its branded content tool. ALL Facebook pages that post sponsored content must post it through the branded content tool, which labels the post as PAID. This ensures that sponsored content is adequately disclosed on Facebook even if the organic disclosure is not strong. The branded content tool is currently only available for PAGES. Apply here; turnaround is about 2 days. You no longer have to be verified, and approval to use the branded content tool does NOT mean you are verified (blue check.)

FTC Update: Operation Full Disclosure; Disclosing a compensated trip

October 1, 2014 by Susan Getgood

Last Thursday, the Federal Trade Commission issued a press release about its Operation “Full Disclosure.”

The most important thing for bloggers to know about Operation “Full Disclosure” is that it has NOTHING to do with sponsored posts on blogs. It was aimed squarely at national television and print advertisers that failed to make adequate disclosures in their ads. More than 60 companies received FTC warning letters, largely focusing on disclosures that were in fine print, easy to miss or hard to read.

The FTC Guidelines apply to ALL advertising claims and endorsements – traditional media, social media, even direct word-of-mouth. While its publications and hearings over the past few years have focused on defining and clarifying the guidelines’ impact on social and online media, the FTC clearly hasn’t lost sight of its mandate to protect the consumer from ALL misleading advertising.As the press release clearly summarizes:

“The FTC’s longstanding guidance to companies is that disclosures in their ads should be close to the claims to which they relate – not hidden or buried in unrelated details – and they should appear in a font that is easy to read and in a shade that stands out against the background. Disclosures for television ads should be on the screen long enough to be noticed, read, and understood, and other elements in the ads should not obscure or distract from the disclosures.

The staff letters advised advertisers that to meet the “clear and conspicuous” standard, their disclosures should use clear and unambiguous language and should stand out in the advertising – consumers should be able to notice disclosures easily; they should not have to look for them.”

The purpose of the FTC guidelines is to avoid consumer confusion about advertising messages. By making sure that advertising does not contain misleading statements or hide important facts or conditions, and that any interest, such as compensation or affiliation with a company, an endorser might have in a product she recommends be clearly disclosed.

Store these 3 principal FTC requirements permanently in a room in your mind palace:

Disclosure is required when you are compensated, and you endorse (write or speak about) the entity that compensated you. If you are not compensated, either in cash or goods, there is nothing to disclose.
Claims must be true and the source disclosed (my opinion, scientific research showed…, the company said….)
Disclosures should use clear unambiguous language that stands out and is positioned close to the claim or endorsement.

Speaking of confusion….

There seems to be some confusion in the blogosphere of late as to how the guidelines apply to compensated trips. Here’s my take.

If you are PAID to go on a trip, you must disclose whenever you endorse/write/speak about the entity that compensated you. Compensation can be cash, product or service. In your blog posts. In your tweets and Facebook posts. You write about the sponsor, you disclose you were sponsored.
If part of a compensated assignment includes a certain number of social shares about the experience but not necessarily about the sponsor, and you are asked to use a specific hashtag and/or link to a website for the sponsor, you must disclose. Including the hashtag or link is a promotional activity for which you were compensated.
If you want to tweet about the sunset, or say how tasty the orange juice was at venue that is NOT the sponsor, or whatever, you don’t need to disclose. You are not endorsing the sponsor, so you don’t need a hashtag or a disclosure. Where there is no compensation, no disclosure is required.
That said, if you write an unrelated blog post about elements of the trip that does not include the sponsor, you should still disclose that you were sponsored. Not because the FTC requires it, but because you should give your sponsor the love.
When in doubt err on the side of disclosure.

Here is an example, completely made up.

SuperChic Hotel sponsors you on a trip to the Mexican Riviera. They pay your airfare, comp your hotel, restaurant meals and rental car, and give you an allowance for sightseeing and incidentals. How should you disclose:

Any time you mention SuperChic Hotel, your readers should know you were sponsored. Blog posts, Twitter, Pinterest, Facebook, Instagram, videos. Whatever. Even if you were not specifically compensated for an activity, such as a pinning. Disclose.
Mention the airline, the car rental company, restaurants and boutiques not affiliated with SuperChic Hotel, sightseeing attractions? Unless SuperChic Hotel provided specific instructions on where to go/vendor to use, you do NOT need to disclose a compensated relationship with the vendors. Your relationship is with SuperChic, not with them. That said, as a best practice, I recommend you disclose that your overall trip was sponsored.
Want to tweet about the sand on the beach or the gorgeous sunset. Unless your sponsor is the beach, which is possible, or the sun, which is not, no disclosure required.

This scenario gets a little more complicated if the sponsor is the regional tourist authority, especially if it plans the details of your trip. In that case, I would make the call that anything in the region is supported by the tourist authority, and the relationship should be disclosed with every endorsement. Even the beauty of the beach.

What about a compensated speaking engagement that also pays your way — any or all of fee, comped registration, airfare, hotel? Your presence on the roster of the event is a clear notice of your affiliation with the event. Any reasonable consumer of the conference content understands that you have a relationship with the conference.

The amount of your compensation is not relevant. When it comes to FTC disclosure, it doesn’t matter if it is a liptstick or a Lamborghini; a free lipstick is the same as a car, comped airline ticket or $1000 fee. In my opinion, to double down on disclosure, if you decide to write a glowing post about the conference, or tweet props to the conference organizers, you should disclose your affiliation, but you don’t need to preface every tweet about the conference content with the hashtag #ad unless you were specifically compensated to promote the conference content.

A note about hashtags in social posts: Never use #spon. It is not at all clear. Use #ad or #hosted or #sponsor or #sponsored, and don’t bury the hashtag at the end of your social post. I prefer to see them in context if possible or at the very front of the post if not.

Examples:

Having a great time on trip to Mexico #sponsored by #SuperChic.
Rooms at #sponsor #SuperChic are gorgeous. Now off to the spa.
#ad Don’t miss the regional tasting menu at #SuperChic restaurant

Lastly, a word of advice. The FTC guidelines are pretty simple. Disclosure is required so the consumer of the advertising can put your endorsements in the proper context. It’s common sense — Wouldn’t you want to know if the writer of a glowing blog post about a product you intended to buy was compensated by the company? If it was someone you trusted, you’d still take the advice, but you would want the context of the compensation. The FTC provides guidelines and advice about proper disclosure, and will from time to time go on the record about what it considers inadequate disclosure (like #spon), but it doesn’t dictate a specific way to disclose. When you read articles or blog posts that report that there is a specific, correct way to disclose, take them with the grain of salt. What you are reading is someone’s interpretation of the guidelines cast as an absolute.

FTC Endorsement Guidelines Update: Disclosing a Sweeps or Contest Entry on Social Media

April 1, 2014 by Susan Getgood

Disclosure: Not a lawyer. Don’t play one on the Internet. But I’ve studied the FTC endorsement guidelines. A lot.

Yesterday news broke that the FTC had issued a warning to shoe manufacturer Cole Haan, notifying it that the disclosures used by consumers in its Wandering Sole contest on Pinterest were not sufficiently clear as to the potential material connection between contest entrants and the company. Said the letter (as quoted in MediaPost):

“We do not believe that the “#WanderingSole” hashtag adequately communicated the financial incentive — a material connection — between contestants and Cole Haan,” Mary Engle, FTC associate director for advertising practices, said in a letter sent to the retailer’s attorneys on March 20.

This represents an evolution in the FTC’s thinking with regard to disclosure of a sweepstakes or contest entry. In the early days, it did not explicitly require such a disclosure when a blogger mentioned a brand in a post to enter a sweeps or contest. In part, because there was no material relationship between the parties, so there was nothing to disclose. And, for the most part, back then (2010!), in text-based formats like blogs and Twitter, sweeps and contest entries were often disclosed as part of the entry instructions. Hence no confusion. [Facebook only allowed contest entries on pages recently.]

So what has changed? The endorsement guidelines are grounded in two basic concepts:

is there a material (compensated) relationship between the parties, and
is there a possibility of consumer confusion about the relationship?

In my opinion, the FTC’s thinking has evolved due to the prevalence of contest and sweepstakes entries, particularly on the highly visual Pinterest, that mimic organic endorsements, and do not have clear disclosure that they are a contest or sweepstakes entry. In other words, that the posting is motivated by a commercial incentive, not an organic interest in the product. Quite simply, all these sweeps and contests were causing too much consumer confusion.

The resolution is pretty simple, and follows the same simple guidelines that normal disclosure does. When possible, use natural language to disclose the relationship (Pinned for the Blah Blah Sweepstakes) and use clear hashtags (#sweepsentry) or @ addressing (@BlahSweepsEntry) to make it crystal clear. Using the hashtag or @ addressing is useful even if you also require a natural language disclosure as it makes it easier to track the entries. IMPORTANT: Make the proper disclosure part of the requirements to enter the sweeps or contest.

FTC .Com Disclosures Guidance: What’s new for bloggers and social media influencers

March 15, 2013 by Susan Getgood

Disclaimer: Still not a lawyer

Earlier this week, the FTC released an updated version of its .Com Disclosures guidance for digital advertising, originally published in 2000. While there is some new information here for bloggers and social media influencers who produce sponsored content for advertisers (and I will get into that below), the document’s principal goal is to provide guidance for proper disclosure of advertising claims in digital, and especially mobile, advertising in light of new technologies. Much like the changes in the endorsement guides in 2009 that were prompted, in part, by the rise of social media and blogs.

Simply put, the FTC is making sure that, as ad delivery technology changes, claims are properly disclosed and not “lost” in the translation from web to mobile displays.

From the social media perspective, most of the information related to accuracy of claims and disclosure of relationships is the same as is covered in the 2009 Guidance on Endorsements and Testimonials. In other words, there isn’t all that much new here. You still need to disclose material relationships with brands, in a clear and conspicuous manner proximate to your endorsement, and both you and the sponsor have an obligation to be accurate in your claims about a product. Read my detailed analysis of the examples in the 2009 guide if you want more detail.

Is there anything new here for bloggers? Why yes. It’s not a lot but it’s very nice. The .Com Disclosures document includes new examples that will make it easier for people creating sponsored content to comply with the FTC Guidelines, as well as clarity on the proper ways to disclose additional required information about product claims.

The examples:

Where and how to disclose. As far back as 2009, the FTC was already publicly recommending that disclosures not be buried at the bottom of a post or on a separate page (Once More With Feeling: FTC guidelines, bloggers and companies). Now, however, we have an explicit example.

Takeaway: Do not put your disclosure solely at the bottom of your post.

Recommendation: Include a brief disclosure at the top and if necessary, provide additional details at the bottom.

Note that the FTC also explicitly stated that the form of the disclosure should match the content. If it is a video or sound file, the disclosure should be done in the native format — ie in the video or recording, not simply included in a post or annotation on a social site. The disclosure needs to travel with the content.

However, the exact words you use to disclose? Still up to you.

How to disclose in short-form environments like Twitter. The FTC has always said that the disclosure must be proximate to the endorsement. While common sense would indicate that this means in every sponsored Tweet or Facebook post in which an endorsement appears (and that’s certainly how we handle it at BlogHer), that’s not what was happening on Twitter. Not by a long shot. So, the .Com disclosures have a series of terrific examples of the wrong and right ways to disclose on Twitter. Key points:

The disclosure must be in every Tweet. You can’t tweet a single disclosure that covers the whole conversation; there is no guarantee that readers will see the disclosing statement.
The hashtag #spon is not sufficiently clear.
The word “ad” is sufficiently clear, but needs to be in a prominent place. The FTC also suggests not using a #ad hashtag after a URL or shortlink as it could be overlooked.

Recommendation for a best practice:

Do include an “umbrella” tweet or post that explains the sponsored content you are about to tweet/post. It is good information for your followers, but as above, not sufficient in itself. For example: “So excited to be here as a guest of #BIGHOTEL at the Super Duper Event #ad”
Use #ad to disclose along with any hashtag the sponsor has requested, but NOT proximate to any URLs in your tweet/update. Make sure the disclosure stands out.

The .Com Disclosures also included one other tidbit that was clearly aimed at advertising disclosure of claims, but is valuable for bloggers as well. When an advertising claim merits a longer disclosure than is practical for the format, a hyperlink to additional information is acceptable, provided that anything material, or “triggering” is included in the original advertisement and the link is clear and conspicuous. In other words, you cannot bury CRITICAL disclosures in hyperlinked pages, but you can provide additional details.

“Hyperlinks allow additional information to be placed on a webpage entirely separate from the relevant claim. Hyperlinks can provide a useful means to access disclosures that are not integral to the triggering claim, provided certain conditions (discussed below) are met. Hyperlinked disclosures may be particularly useful if the disclosure is lengthy or if it needs to be repeated (because of multiple triggering claims, for example).

However, in many situations, hyperlinks are not necessary to convey disclosures. If a disclosure consists of a word or phrase that may be easily incorporated into the text, along with the claim, this placement increases the likelihood that consumers will see the disclosure and relate it to the relevant claim.

Disclosures that are an integral part of a claim or inseparable from it should not be communicated through a hyperlink. Instead, they should be placed on the same page and immediately next to the claim, and be sufficiently prominent so that the claim and the disclosure are read at the same time, without referring the consumer somewhere else to obtain this important information.” — from the .Com Disclosures Guide. Emphasis mine.

This could be extremely useful for sponsored programs for products and services in highly regulated industries. The sponsored post would still have to meet all the requirements for accuracy, with any critical product claims disclosed in the post, but bloggers wouldn’t have to include all the “fine print” in their posts.

So, some nice clarity for some critical areas. But nothing to get too worried about.

Unless you are creating deceptive mobile ads for weight loss products or jewelry!

Additional resources:

FTC FAQ on the Endorsement Guides (2010)

Eleven Urban Myths about the FTC Guidelines

Professional Blogging For Dummies (my book), bad pitches and news from Liberty Mutual’s Responsibility Project

July 15, 2010 by Susan Getgood

Professional Blogging For Dummies will be in your local bookstore by the end of the month! Hard to believe it’s only been a year since I first met Dummies Acquisitions Editor Amy Fandrei at BlogHer.

Speaking of which, I will be signing copies at the BlogHer bookstore in New York next month, but I’m not sure of the day/time yet. I’ll also be speaking at the Pennsylvania Governor’s Conference for Women (Pittsburgh, 10/14), the Texas Conference for Women (Houston, 11/10) and the Massachusetts Conference for Women (Boston 12/9), and I think they will be organizing a book signing at those venues as well.

Professional Blogging For Dummies was written to help individuals and small business owners develop a blog to generate revenue directly or support their small business. There’s a whole section just on monetization. That said, I think anyone with a blog or considering starting one — even if they aren’t focused on revenue generation — would benefit from the chapters on strategy, planning, development and design. Plus, the book is chock full of case studies and interviews with successful bloggers.

It’s the silly season for bad pitches

Last week, I told you about a marketing agency that sent me a press release offering expert commentary on celebrity use of social media. Because that’s what I write about, right? Clearly they aren’t reading my blog, or they would not have sent me this week’s release offering their services as a source on “how social media monitoring tools can be used to track weather patterns.”

I kid you not. Here’s the money quote:

“Everyone is talking about how hot it has been lately, especially on Twitter,” [name redacted], chief optimism officer and founder of [name redacted] said. “By analyzing keywords like ‘hot’ and ‘heat,’ our social media monitoring tools, in addition to our social media team of experts, have found a correlation between what people are saying on social networks, and actual weather patterns.”

Really? It’s actually hot in those places that people are talking about how hot it is? I never would have thought of that without your press release. One more of these silly releases crosses my desk and I will invoke the Bad Pitch Blog‘s “three strikes and you’re out-ed” rule.

Other gems from my inbox this week included a request to post a video link of some chef making ceviche and a press release about a self-published book of nude photographs by (not of) some dude who created a series for Playboy TV.

And then there was the social network that offers to let me share my dreams with the people I care about. I cannot make this stuff up:

Have you ever wondered if anyone had a similar dream to one that you had, or which celebrity is most dreamed about? Did you know that global news events impact dreams in a tangible way, and that millions of people are already sharing their dreams with others? There is a good chance that your readers at Marketing Roadmaps are thinking about it as well.

So readers, tell me. Are you interested in this? I’m thinking not, but… Maybe this social network has mined your dreams and this is what you want from a blog about marketing, social media and best practices. Please advise.

Now I know I’m not the only one getting ridiculous pitches this summer. I’m actually lucky. Mine are funny, not offensive.

Alas, that was not the experience of my friend Allison Blass. Allison has type 1 diabetes and often writes about the disease on her personal blog Lemonade Life. Professionally, she’s a PR person and regularly reaches out to bloggers on behalf of her clients, so she’s not opposed to getting pitches to her personal blog. But she wants them to be relevant. If the pitch angle is about diabetes, the product had really better be for diabetics. Not simply a diabetic “gloss” on a consumer product intended to make it seem relevant to her blog. For example, the pitch she recently received for a water filter.

Allison mentioned the pitch on Facebook and at my request, forwarded it to me. There were two basic problems with the pitch. First, as noted above, the product is a water filter. It isn’t something special for diabetics. Linking it to diabetes was just a hook. Worse, the basis the company used to link the product to diabetes didn’t sit well with Allison, who was diagnosed as a child and is very active in the diabetes community. When Allison called the rep on her facts, the PR rep got defensive and then a bit offensive. And that’s problem number two.

When the blogger or reporter says “this isn’t for me and you have all your facts wrong,” think twice about engaging. Most of the time, it’s better to apologize and move on to someone more receptive. Hard to do, especially if it’s a writer you really want to reach, but probably a better tactic than getting into a pissing contest with the person.

And pay attention to the objections. It doesn’t matter what YOU the company know. Success is in the customer’s perceptions. Reach out to them on their terms, not yours. If they think your pitch is a bit dodgy, it is. Period.

News from Liberty Mutual’s Responsibility Project

I first learned of Liberty Mutual’s Responsibility Project last year when its PR Agency reached out to me because of Blog With Integrity. I’ve since written about the project, attended a teleconference interview with Chuck star Zachary Levi about a short film he directed for the Project as part of a partnership with NBC, and will be attending a pretty cool (private) event next month the day before BlogHer. That’s the disclosure.

Here’s the opinion.

I’m not a customer of Liberty Mutual’s insurance products so I can’t offer an opinion about them. However, I am a customer of its message about responsibility, and they have done some admirable work. The new TV commercial is excellent and makes a strong point about the need to “do the right thing.” A message that has value no matter who you are or how you are insured.

As the parent of a 10-year old, I also appreciate the attention Liberty Mutual is paying to issues like texting, online safety and personal responsibility for teenagers. The latest initiative is “Responsibility Project For The Win,” an essay contest for teens to encourage them to contribute to their communities over the summer. The five winning essays will be featured on the Responsiblity Project website and the company will make $500 donations to non-profits selected by the winners.

Travel blogs, ethics and the FTC endorsement guidelines

June 29, 2010 by Susan Getgood

This past weekend, I was in New York for the Travel Blog Exchange conference (TBEX). The primary reason I attended the conference was to represent Blog With Integrity on a panel about blogging ethics, but I also got some great tips and ideas for my somewhat neglected travel blog, Snapshot Chronicles Roadtrip.

This year, I’ve spoken at a number of conferences about integrity, disclosure and the FTC endorsement guidelines. In most cases, the audience doesn’t know very much about the guidelines beyond whatever version of the urban myths are circulating within the community. This is of course why the conference organizers invite Blog With Integrity and usually someone from the FTC and/or a lawyer.

The travel community was grappling with the ethical issue of sponsored trips well before the guidelines were revised last year. Travel bloggers are very passionate about ethics and receptive to the approach of best practices — disclosure policies that go beyond what the FTC minimally requires. In fact, many travel blogs already have published policies.

During the Q&A on Sunday, it was clear that the attendees wanted to comply with the FTC requirements, but they were struggling a bit with exactly what had to be disclosed and how.

And then I had an “Aha” moment. Hard to believe that after all I have written about this topic for more than a year, there would be something I hadn’t thought of, but lo and behold, there was.

I broke it down to a simple equation for disclosure, which seemed to clear things up for a lot of the bloggers at TBEX.

Endorsement + Compensation = Disclosure Required

How to disclose

The best way to disclose to meet the FTC guidelines is within the post that contains the endorsement: “I was privileged to be hosted by…” “I was thrilled at the opportunity to take a trip to (place) courtesy of (sponsor).” And so on. It is not sufficient to disclose in your disclosure policy or About page.

However, I recommend that you also have a disclosure & editorial policy on your page:

to let your readers know what they can expect on your blog, especially casual readers or folks that find you through a search engine, and
to inform marketers and PR people about your interests so they contact you with relevant, appropriate offers.

Relationships and SWAG

Another key point Mary Engle from the FTC and I both stressed on Sunday was the relationship between the marketer and the blogger. If the marketer is reaching out to specific bloggers with sponsored trips and free products, there is a compensated relationship that must be disclosed. If 300 bloggers all get identical SWAG (stuff we all get) at a conference, the reason they received it was as a member of a group, not as an individual. There is no relationship between the marketer and a blogger who got the SWAG. This is still true if distribution of the SWAG is managed using a list of bloggers at the conference entitled to receive it. A list doesn’t create a relationship. Communication between people creates a relationship.

That said, of course, you know my mantra — disclose anyway. The company that provided an item relevant enough that you decide to write about it deserves the props for supporting the conference SWAG bag.

Bloggers, journalists

A touchy subject was the idea that travel bloggers are being held to a higher standard than travel writers for mainstream media who don’t have to disclose. I’ve written about why the FTC doesn’t require disclosure from mainstream journalists many times, and won’t rehash it all again. The brief version is that it’s about the consumer reading the item, not the person writing it. If the consumer would understand that the endorsement was compensated — in the case of a journalist, by his salary and probably the subsidy of his paper for the trip, no further disclosure is required.

The predominant sentiment at the conference was that mainstream journalists should be required to disclose as well. I agree. Disclosure is a best practice, full stop, regardless of your publishing channel.

However, I reject the opposite argument, which wasn’t offered by the TBEX audience, but I’ve read elsewhere — if mainstream journalists don’t have to do it, why should bloggers? That’s grabbing the stick from the very wrong end.

I also think it’s counter-productive to worry too much about others. Focus on what you need to do to connect with your readers, provide them good information and entertaining writing, and be honest about any business relationships you have. Compensation or free product may not change your opinion or writing one little bit, but you have to let the reader make that call for herself. You shouldn’t attempt to do it for her.

Twitter?

How to disclose on Twitter always comes up during ethics panels, and Sunday was no exception. It’s also a bit more complex for travel writers taking sponsored trips, as opposed to someone reviewing a single product. A trip occurs over a period of time, and there are only 140 characters. If part of every tweet has to have a disclosure, the tweetstream would get pretty dull.

Mary Engle made an important clarification for us. You have to disclose that the trip was compensated or the product was free in tweets containing the endorsement of the sponsor/advertiser. When you are tweeting about something unrelated to the sponsor — for example, your experience at a local museum or farmers’ market, there’s no need to disclose because you are not endorsing the sponsor.

Here’s my advice.

Start your trip with a tweet acknowledging the sponsor (and linking to a post on your blog with more details if you have one)
Be sure to disclose in some fashion in any tweets endorsing the sponsor: “I love my room at the Aruba Marriott #sponsor” “The beach at host hotel Swanky Resort is pristine.”
If the trip spans multiple days, make sure you have at least one tweet per day that discloses that your trip is sponsored and by whom. The easiest way to do this is to spread out your endorsements of the sponsor 🙂

Eleven Urban Myths about the FTC Guidelines for Endorsements & Testimonials (getgood.com)
Thoughts on the FTC investigation of Ann Taylor LOFT blogger event (getgood.com)

Thoughts on the FTC investigation of Ann Taylor LOFT blogger event

April 29, 2010 by Susan Getgood

So many things queued up to write about, including last week’s New Comm Forum, a slew of bad pitches that folks have forwarded over the past few months (Douches, Snakes and Brand Ambassadors) and a great visit to the Dana Farber Cancer Institute yesterday to learn more about the Jimmy Fund.

But the FTC went public this week with the results of its first investigation under the new endorsements and testimonials guidelines, and that news trumps the other (more evergreen) topics.

As reported in Ad Age, the FTC investigated an event held by Ann Taylor LOFT in January to launch its summer collection. The company invited bloggers to attend a special preview of the collection; those that posted about the event within 24 hours were entered into “mystery gift-card drawing” with a value between $50 and $500. (More about the event on Jezebel: February 3, April 28)

Reported Ad Age:

The event and the unusual request for posts to be submitted for a prize received media scrutiny and caught the eye of the FTC. “We were concerned that bloggers who attended a preview on January 26, 2010 failed to disclose that they received gifts for posting blog content about that event,” Mary Engle, the FTC’s associate director-advertising practices, wrote in a letter dated April 20 to Ann Taylor’s legal representation.

According to the article, the FTC decided not to take further action because it was a single event, only a small number of bloggers participated (and some disclosed) and Ann Taylor subsequently adopted a written policy for blogger outreach.

This is exactly what the FTC said it planned to do all along. Its focus would be on advertisers, not individual bloggers, and the initial investigations would likely result in warnings, not indictments.

Taking the step of pursuing an action in the courts is a long expensive process. The harm to the public has to be pretty significant to merit the cost, especially if satisfaction can be obtained more efficiently, as it was here. I suspect an uncooperative Ann Taylor might have resulted in a different outcome.

What can we learn from this?

The guidelines are intended to prevent deceptive advertising practices. The media may love the (erroneous) idea that the FTC is “cracking down on bloggers,” as Ad Age repeated again in this week’s article, but reality is, the larger burden is on the companies, not the individuals. The FTC expects the company — the advertiser — to provide guidance to its WOM agents about the requirements. In the Ann Taylor case, there wasn’t much guidance.

While it isn’t covered in the Ad Age article, there was also an element of confusion in the event that probably concerned the FTC. This is entirely speculation on my part, but it’s a fairly informed one.

Basically, if you write about a company or product and subsequently get a gift, you aren’t required to disclose the gift. Unless of course you write about the company again. Further, if you win a sweepstakes or get a product in a swag bag, you don’t really have a material relationship with the advertiser. Your receipt of the product is random. Best practices may dictate disclosure but the endorsement guidelines do not.

Here we have a gift contigent upon a post. That’s compensation, albeit a little ugly. Not a gift. Disclosure required. But confusing.

This is compounded by the contest-like element of the mystery gift card drawing, which makes it look a bit like a sweepstakes. Except not really. Everyone who wrote a post got a gift card, and you had to get the initial invitiation to participate. Relationship and compensation. Disclosure definitely required.

Bottom line, just a messy confusing campaign all around. Confusion for bloggers about whether they need to disclose, and little guidance from the company on the requirement. Confusion for consumers, because they don’t have the information they need to evaluate the blog posts.

The lesson for companies: Keep blogger outreach programs simple and easy to understand. Provide guidance and training to your word-of-mouth agents. And your employees, especially the ones charged with developing and executing social media programs.

The lesson for bloggers: Think twice about working with companies that don’t inform you that you need to disclose. Push back if you aren’t getting the information or support you need. Also, unrelated to this case specifically, but general advice: read agreements carefully. While I do not think companies can push their liability onto you, I wouldn’t be at all surprised if some tried. That’s just a mess you don’t want to get into.

What I highly advise you to NOT take away from the Ad Age article

A lawyer interviewed in the Ad Age article speculated:

“They’re [the FTC] probably throwing a little fire-starter into it, sending some messages out. The message this time is somewhere between $50 and $500 requires a disclosure.”

My head about to explode. I can just see this quote spawning a new urban legend that there is a minimum and maximum value that the FTC will look at, vis disclosure and enforcement. No no no no no. Compensation is compensation. $5 or $5000. Products or cash.

When in doubt, disclose. There’s never too much information when it comes to informing the consumer. You know. Us.