Is FC Bayern Munchen Guilty of Like-Gating?

FC Bayern Munchen recently created a public relations own goal with its social media usage that may have legal consequences. A couple of days ago, Bayern Munchen announced on its website they had agreed to sign a 'spectacular name' and then directed fans to listen to the announcement live on the club's Facebook page. However, in order to listen to the announcement the Facebook user had to first "Like" the page.

There was no announcement of the signing of a "spectacular name". Instead, Bayern Munchen's GM Christian Nerlinger appeared in a video that contained the fans' own Facebook profile photo along with their name on a Bayern Munchen shirt. Many fans were not amused and complained loudly across multiple social media platforms.

If Bayern Munchen was located in the United States the National Advertising Standards Board and/or the Federal Trade Commission may have investigated them for "Like-Gating". Like-Gating occurs when a marketer uses misleading means to inflate the number of Facebook Likes. It appears that Bayern Munchen utilized a misleading advertising message to increase its number of Facebook Likes.

The bottom line is that sports organizations must be very careful when implementing social media marketing campaigns. There are major legal implications with every single social media marketing promotion.

To learn more about these issues you may contact me at http://shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Social Media Law Predictions For 2012

Having foresight and advising clients on how to successfully navigate potential legal risks is what lawyers are paid to do. On January 10, 2011, I made 10 social media law predictions for the year and nine of them have come true; the tenth one appears that it will be realized within the next couple of months. In no particular order, below are some of my social media law predictions for 2012:

1) Social Media account ownership issues will increase.

2) State Legislatures and/or the courts in the United States will address whether employees may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices so employers may access their employees' private electronic content.

3) State Legislatures and/or the courts in the United States will address whether students and/or college applicants may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices in order to attend or play inter-collegiate sports.

4) In the United States lawmakers will work to pass bipartisan intellectual property legislation to address social media copyright and trademark issues.

5) Rakofsky v. the Internet will be decided in favor of the Internet.

6) The United States' Federal Trade Commission and the United Kingdom's Advertising Standards Authority will crack down on fraud and misleading social media advertising.

7) Governments around the world will continue to grapple with how to control social media flash mobs, anti-government content, Internet controls, etc...

8) Governing bodies and courts around the world will continue to address social media privacy issues.

9) Social Media usage by political candidates and political causes will greatly increase during the 2012 election cycle and this will lead to increased discussion on updating election compliance laws in the United States and around the world.

10) Lawyers will realize that some of their social media marketing consultants are violating the FTC advertising regulations.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Social Media May Decrease Law Firm Revenues

There still appears to be a major disconnect between lawyers and social media. The Wall Street Journal Law Blog recently asked the question: "2012:The Year Law Firms Ditch Geezer Image and Get Tweeting?" Most of the Wall Street Journal's sources for the post were marketers and not practicing lawyers who actively tweet so I would like to see the Wall Street Journal create a follow up post that asks practicing lawyers if Twitter is an effective marketing tool for lawyers.

I believe that the overwhelming majority of practicing lawyers who actively tweet may state that social media usage does not increase law firm revenues. I have been tweeting from @bradleyshear since June 15, 2009, have tweeted more than 3,200 times, and I have a Twitter grade from Twitter Grader of 94/100. Despite these social media statistics, I have never had a client mention on his intake form that he hired me because of my tweets.

Over the past several months, I have had several people approach me during networking events and conferences to tell me that my blog has helped reduce their need for legal services. When this has occurred I have asked how and the general response has been that for some issues my blog provides enough information that they don't feel they need to spend more money on legal fees. One potential client reiterated the old saying "Why buy the cow when you can get the milk for free."

Instead of increasing law firm revenues social media usage by lawyers may decrease law firm revenues. The World War II saying, "Loose lips sink ships" may come into play when lawyers tweet and/or blog. Therefore, before you spend your firm's marketing dollars on a social media evangelist who wants to teach your firm how to tweet you may want to peel back the social media onion because you may be surprised with what you may find.

To learn more about these issues you may contact me at http://www.shearlaw.com/.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Better Business Bureau Takes A Firm Stand Against Social Media Credential Fraud

The Better Business Bureau recently took a firm stand against Social Media Credential Fraud. The BBB stated that "marketers must be careful what they promise in exchange for a "Like" on Facebook and that they are not using misleading or artificial means to inflate the number of Facebook likes."

Social Media Credential Fraud may also be referred to as Like-Gating since the concept is the same in that misleading or artificial means are utilized to boost one's social media metrics. Social Media Credential Fraud may occur when an individual manipulates his social media metrics such as the Twitter following to follower ratio for commercial gain.

I have stated over and over again that Social Media Credential Fraud is a growing problem that must be eliminated. I have come out strongly against this practice and now the Better Business Bureau has agreed with my position. It is only a matter of time before the Federal Trade Commission begins proceedings against those who are practicing Social Media Credential Fraud and/or Like-Gating.

To learn more about these issues you may contact me at http://shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved