Bank Privacy in the Social Media Age

Have you ever read the annual bank privacy notices that you receive in the mail? If not, it may be a good time to do so.  The FDIC has a website filled with information regarding how banks may protect or utilize your personal financial information for purposes other than account maintenance.

I recently updated some of my privacy choices for one of the banks I do business with and found it to be more cumbersome than anticipated.  I initially tried to make the appropriate updates online but the process was not consumer friendly so I contacted my bank.  The choices I made to help better protect my privacy and reputation included: Do not call with bank offers; Do not email with bank offers; Do not send me offers in the mail from the bank; and Do not share my personal financial information with bank affiliates or third parties.

I can't recall the last time this bank sent me an offer that was worth taking advantage of and I have never received an offer from one of this bank's affiliates or a third party that does business with the bank that was worth accepting.  In general, I have found these marketing offers to be worthless and a waste of my time.

The stronger your privacy choices are the less likely you will become a target of a scam. Protecting your privacy will help better protect your personal and professional reputation.    

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Social Media Reputation, Employee Complaints, the NLRB, and Chipotle

The National Labor Relations Board recently upheld a decision by an administrative law judge against Chipotle that ruled the company violated an employee's right to complain about his job when it required him delete tweets that were critical of the company and then subsequently fired him.  

The employee deleted some personal tweets after Chipotle's national social-media strategist saw them in January 2015. According to The New York Daily News, one of the offending posts stated: 

@ChipotleTweets, nothing is free, only cheap #labor.  Crew members make only $8.50hr how much is that steak bowl really?

How did Chipotle's national social media strategist identify that the Twitter account that had the offending Tweets came from one of its employees?  Did the employee identify himself as such? Why would the social media strategist think this tweet or group of tweets was so offending that it needed to ensure that the Tweets were deleted?  Did the social media strategist realize that his/her actions had the potential to create a social media crisis? 

Chipotle's social media strategist's actions led to tremendous legal bills for the company and numerous negative articles about the company's social media policy. One take away is that too many "social media experts" do not understand how to properly draft, implement or follow corporate social media policies.  

Many "social media experts" have never had the proper training on how to handle this type of situation and how to avoid a social media crisis.  In this case, the best path forward after seeing one or more negative tweets would have been to ignore it/them.  It would have saved the company tens if not hundreds of thousands of dollars in legal and other related costs.

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.   

Social Media Cyberbullies Unfairly Attack Reputation of Gabby Douglas

As an American, I am very proud of how our Olympians are doing in Rio. Many of our athletes have had to overcome tremendous personal obstacles just to have an opportunity to compete at the Olympics.  One such athlete is Gabby Douglas who has been a star performer for years.  

Gabby Douglas has won 3 Olympic gold medals while representing the United States (two at the 2012 London games and one at the 2016 Rio games) and multiple gold medals in the world championships.  She is not just an all around Olympic champion but also a class act who conducts herself professionally in public. Always smiling and being classy, despite public set backs and dumb questions from the media is extremely difficult for anyone, especially someone who is just 20 years of age.

After Gabby Douglas' team won the all around gold medal in gymnastics, a handful of Internet cyberbullies criticized her for not putting her hand over heart during the playing of our national anthem during the medal ceremony. In years past, these online critics would be ignored. Unfortunately, some members of the international media gave these cyber-bullies an out sized platform to unfairly criticize the way Gabby Douglas conducted herself.

If these ignorant cyber-bullies knew their Olympic history they would realize they had no basis for their criticism. For example, some members of the original Dream Team in 1992 that featured some of the best basketball players to ever suit up didn't put their hands over their hearts during the playing of our national anthem at their medal ceremony.

Even though Ms. Douglas was perfectly respectful during the competition and afterward and owed nobody an apology, she still gave one to get this ridiculous story out of the media cycle. Sometimes the best course of action to put a matter to bed is to apologize and move on, other times it may be best to ignore unfounded criticism, and sometimes it is best to challenge the critics.

When a potential social media crisis is about to strike it is imperative to understand how to properly respond.  Your professional reputation or the reputation of your business may hang in the balance of your actions.

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Feds To Protect Social Media Reputation of Nursing Home Residents

On Friday, the Center for Medicare and Medicaid Services announced that it would crack down on nursing home operators whose employees record and post on social media demeaning audio, images, and video of their residents.  

ProPublica recently documented almost fifty incidents during the past several years where nursing home and assisted living facility employees took unauthorized abusive photos of their patients and posted them online without permission.  ProPublica's investigation prompted Sen. Charles Grassley to contact the U.S. Department of Justice and the Office of Civil Rights to work on a solution to this increasingly troubling problem.  

Posting photos of others in vulnerable positions is not just a problem in nursing homes, assisted living facilities, and in hospitals, it is also a problem in other areas where people may unclothe. For example, earlier this year, 2015 Playboy Playmate of the Year Dani Mathers took a naked photo of a fellow gym member of LA Fitness getting out of the shower and posted it on Snapchat for "sh#ts and giggles". 

Social media abuse is increasing faster than the law can keep up. Therefore, it is imperative for companies to ensure that their employees are properly trained about these issues by legal experts to avoid easily preventable multi-million dollar social media privacy lawsuits.  

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Reputation Expert's Career Over After Social Media Outrage

When I first read this Business Insider interview with Saatchi and Saatchi's chairman Kevin Roberts about gender diversity, I was surprised by his statements and his admission that he doesn't spend any time on gender issues.  If these comments were made in 2006 and not 2016 I don't believe they would have led to his ouster.

What has changed in the past 10 years?  The ubiquity of social media and other digital platforms that can make you the most popular person in the world one minute and the biggest a@#$)*e the next. In the Social Media Age, any comment in either the physical or digital world has the potential to damage one's personal and professional reputation.

According to The Wall Street Journal, Kevin Roberts was due to retire in May 2017 before his Business Insider interview was published.  However, that changed quickly after social media users re-tweeted the Business Insider article and other media outlets picked up the story.

Before agreeing to an interview or appearance on any traditional or digital platform it is important to properly prepare. I regularly speak to the media and counsel clients on how to interact with journalists.  Not everyone is ready for the attention that may occur after they are interviewed about an issue.

Your reputation may forever be negatively altered by one wrong statement to the media or Tweet. There may also be tremendous legal consequences involved when you speak to the media or post online so when you are unsure about what to do don't forget this famous saying:  "better to remain silent and thought a fool than to speak and remove all doubt".

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Online Reputation, Snapchat, Draymond Green, and Penis Pics

According to Webster's online dictionary, reputation is: "the common opinion that people have about someone or something."  One's reputation may be a mix of how you conduct yourself at home, at work, at the gym, at your place of worship, online, etc...

Over the weekend, NBA star Draymond Green accidentally posted a photo of his penis on social media platform Snapchat.  He initially claimed on Twitter that his account was hacked; however, he soon apologized and admitted to the mistake.  Green stated that he meant to send the photo as a private message but hit the wrong button.  

While the incident appears to be short lived, it was a distraction that didn't need to happen.  In addition to being a member of the Golden State Warriors of the NBA, he is also a member of Team USA's basketball team and is representing our country at the Rio Olympics later this week.  If this incident occurred during the Olympic games it may have become a much bigger deal.          

In general, unless you need to send a photo of your private parts to the doctor because of a medical condition you should not be taking photos of yourself naked or of others.  I have heard too many horror stories from too many clients about how they wanted to impress a significant other(s) so they sent naked photos of themselves only later to regret it.    

Kim Kardashian's sex tape success was an aberration in the naked fame game.  Her father had been famous for being friends with O.J. Simpson, and her mother's 2nd husband was Bruce (now Caitlyn) Jenner who was one of the most famous athletes of the 1970's.  So she had a well thought out game plan on how to create and capitalize on getting naked in front of a camera.  In contrast, there are countless stories of others whose lives were destroyed because of naked images of themselves were published for the world to see.  

Protecting your privacy is paramount in protecting your reputation. Therefore, its imperative to understand how to protect yourself from a digital mistake in the Social Media Age.  

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Online Reputation: Will Miss Teen USA Lose Her Crown Over Tweets?

The Miss Teen USA pageant is currently in the middle of a social media crisis.  According to CNN, soon after Karlie Hay won the pageant on Saturday night it was uncovered that in 2013 and 2014 she had made multiple posts on Twitter that used a racial slur towards African-Americans.

Ms. Hay quickly apologized when asked about the racial slurs on her Twitter account and subsequently made her Twitter account private.  While this is a good initial response, it is too soon to determine if this will be enough to avoid a forced resignation.  

As of this writing, the pageant is still behind Ms. Hay.  However, I don't want to speculate what the pageant organizers will do if there is a groundswell of pressure to strip Ms. Hay of her title that was not anticipated. When I advise clients about similar issues there are many factors at play.  Legal, financial, and reputation issues are intertwined in the Social Media Age so organizations generally don't have a lot of time to make a decision.

Over the years, there have been several instances where a pageant winner was forced to resign after winning. The most famous occurred in 1984, when Vanessa Williams resigned as Miss America for posing nude before she was crowned Ms. America. According to Time Magazine, Ms. Williams was given the impression the photos would be in silhouette form and she would not be identifiable. Unfortunately, Ms. Williams signed a model release which enabled the photographer to do whatever he wanted with the photos which included selling them to Penthouse Magazine.

Old Facebook posts and Tweets are regularly held against students when applying to schools and job applicants when applying for employment. The bottom line is that you must be careful about how you carry yourself in both the physical and digital world to ensure that you don't harm your reputation and the reputation of others.     

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.

Cheating Website Ashley Madison Investigated By FTC

Last year, the website Ashley Madison was hacked and the personal information of its users was uploaded online.  This wasn't just any website, it was one that catered to people looking to cheat on their significant other.  Subsequently, the company's CEO resigned and its revenues drastically decreased.  

Soon after the hack was reported, I stated that "it would not surprise me if the FTC became involved in the matter". It appears that the FTC has decided to investigate the company because according to Reuters it has opened an investigation into Ashley Madison's creation of fake female profiles or fembots to increase user engagement with its male customers.  Hiring companies that specialize in creating misleading daily active users (DAU's) or other metrics is such a common phenomena that on the season finale of HBO's Silicon Valley this issue became what appears to be an integral part of the series moving forward.  

There is a tremendous amount of fraud online because it is very difficult for perpetrators to be exposed and held accountable for their actions. The digital space is teaming with not just unethical companies but also "self described experts" that intentionally mislead others about their background and service offerings to build their reputation. 

While its too early to speculate on the focus of the FTC investigation, this should be a wake up call regarding trusting companies or "self described online experts" with your organizations' sensitive data.  

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved. 

Reputation Update: Florida Prosecutor Fired Over Facebook Comments

Last week, I wrote that Florida Assistant State Attorney Kenneth Lewis was suspended for posting online inflammatory messages about the city of Orlando in wake of the tragic nightclub terrorist attack.  Instead of being provided the opportunity to continue as a prosecutor he has been fired.

At the time of his suspension, his office stated, "Mr. Lewis violated the SAO9 social media policy. The social media policy was adopted and implemented on February 20, 2015, as part of SAO9’s code of conduct. Every employee is required to sign the policy. Failure to comply can result in discipline up to and including termination."  

Yesterday, the State's Attorney stated, "Whether you [Mr. Lewis] intended to convey that all those who attend nightclubs are animals (the zoo reference) or whether the reference to 'debauchery' was meant to express some objection to the lifestyle choices of those who attended this club, we will never know. I cannot believe that a man of your intelligence would not realize that your comment could bear that interpretation.....I can no longer defend you as a prosecutor free of bias. Therefore the recommendation of termination is also upheld. You shall remain on suspension until June 30, 2016 at which time your employment with this office will be terminated."  

The bottom line is just because you have the ability to post an opinion on Facebook doesn't mean that its a good idea to do so.  Therefore, the next time you hear a self styled social media expert/guru/ninja, etc... state how important it is to "be authentic" or "share more" online you know that that person doesn't know the first thing about social media, reputation, or the law.

Copyright 2016 by Bradley S. Shear, Esq. All rights reserved.    

Restaurant's Reputation Harmed Over "Fatty" Receipt on Facebook

A Rhode Island restaurant recently fired one of its employees who identified a customer on a receipt as "fatty".  The former employee who was also the son of the owner is no longer allowed to eat at the restaurant or come onto the property. The owner immediately apologized for the incident and has tried to reach out to the upset customer to personally make amends. Unfortunately, after this matter has gone viral the owner is now receiving death threats and the incident has gone from local news to national news.    

There is no excuse for the now former employee to have identified the customer as "fatty". However, instead of first posting the receipt on Facebook why didn't the customer try to notify the manager about the situation? This incident will now be tied to not only the restaurant, the owner, and the fired employee, but also to the customer.  Not everything that happens to us needs to be shared and broadcast digitally for the entire world to see. The customer may now be forever tied to the term "fatty". 

The old adage that "sticks and stones may break my bones but names can never hurt me" still needs to be taught to our children because we live in a country that has strong protections against limiting the freedom of speech.  While name calling is childish and has no place in a professional environment, it happens.  How you respond to being called something that offends you goes into determining your overall reputation.

Copyright 2016 by Bradley S. Shear, Esq.  All rights reserved.    

Erin Andrews Settles Multi-Million Dollar Internet Privacy Lawsuit

Earlier this year, Erin Andrews won a $55 million dollar privacy lawsuit against those whose actions and/or negligence resulted in a naked video of her being uploaded onto the Internet for eternity.  During her trial, the jury found that the hotel where she was video taped naked to be liable for approximately $26 million of the $55 million dollars in damages awarded.

According to The Tennessean, the hotel that was held to be negligent in protecting Ms. Andrew's privacy has settled its portion of the lawsuit.  While terms of the settlement are confidential, it wouldn't surprise me if Ms. Andrews settlement was between $15-$20 million dollars.  The settlement was reached before the judge was about to rule on whether the hotel could be on the hook for the entire $55 million dollars.

We may never know the exact settlement amount.  However, the bottom line is that Ms. Andrews will be naked on the Internet forever.  While Ms. Andrews has successfully persevered despite these circumstances, no amount of money will be able to permanently remove her online naked images and make things right.

Copyright 2016 by the Law Office of Bradley S. Shear, LLC. All rights reserved.