Category Archives: digital media

Ignorance Is No Excuse

I don’t think any of us like being deceived unless we’re watching a magic show. It’s especially angering when you find out that what you believed to be a trusted source has told you something based on someone paying them to do so. You might be aware that several years ago the Federal Trade Commission (FTC) issued rules about the need to clearly label paid social media posts as ads so that consumers aren’t deceived by ads masquerading as content.

English: Fined Stamp text

(Photo credit: Wikipedia)

Several companies have been fined as a result of failing to follow the rules. Lord & Tayor, for example, was fined because they paid 50 online fashion “influencers” to post Instagram pictures of themselves wearing the same paisley dress but failed to disclose they had given each influencer the dress, as well as thousands of dollars, in exchange for their endorsement. The folks at Warner Brothers were fined for failing to adequately disclose that it paid online influencers thousands of dollars to post positive gameplay videos on YouTube and social media. Over the course of the campaign, the sponsored videos were viewed more than 5.5 million times.

I bring this up because I saw a piece this morning headlined

Marketers ‘Unaware’ of FTC Social Media Guidelines Regulating Influencers

Only one in 10 know sponsored posts should be tagged as ads, study finds.

Seriously? These rules have been in place since 2009 and were updated in 2013. 60% of influencers – the people who are paid to put this stuff out there with their endorsement – are fully aware of the rules and do a good job of following them. The people paying them? Not so much.

But wait! There’s more! I found this especially perturbing:

A significant minority of influencers said it’s not uncommon for brands to ask them to hide the fact that their post is sponsored.

I’m not sure which is worse – ignorance of the rules or the willful violation of them. Either way, it’s really a problem. Ignorance of the rules is certainly no excuse. One could argue that consumers are sophisticated enough to understand that even traditional product reviews often came based on the product being made available to the reviewer for free. I think most folks assume that unless we’re into the realm of reviews posted by normal people on Amazon or Yelp or Trip Advisor, most “influencer” reviews or posts involve money changing hands. All celebrity endorsements do and seeing an athlete or actor endorsing a product, one can safely assume it’s an ad.

Maybe these marketers can shrug their shoulders and think of the fines as a cost of doing business. That’s short-sighted since the hit to their reputations is larger than the fine, whatever that fine may be. All of us need to know and follow the rules that are in place when it comes to paying people to promote our products. If we don’t the choice is to be labeled ignorant or sleazy, and neither is a great option. You agree?

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Learn To Shut Up

I don’t suppose it will be a great shock to any of you that there is new research out that shows marketers can be their own worst enemies. The study comes from Bridge Ratings and is entitled The Facebook Fatigue Dilemma. There is quite a bit in the study but the section I found of relevance to us today concerns why users unfriend or unlike a brand. Not surprisingly, it’s because they are being inundated with marketing messages, and while they can’t really control which ads they’re seeing (more about that in a second), they can control what pops up in their news feed by telling the brand to go away via unfriending.download

What they study shows, as reported by eMarketer, is “44% of respondents “unliked” a brand on the social media platform when the company posted too frequently. Likewise, 43% of those polled said they “unliked” brands because their Facebook walls became too crowded with marketing posts, forcing them to cut down on the number of brands that they follow.”

As marketers, we forget sometimes that our brilliant messages are not the only messages the consumer is seeing. While what we have to say is important both to us and the consumer (hopefully), we are just one of a thousand messages the consumer is seeing that day. We need to learn to shut up unless and until we have fresh content that’s relevant to the consumer.

Of course, we can also do a little educating. Going off on a tangent here, I’m convinced, based on my discussions with many Facebook users, that most people have no clue how to tune their Facebook feeds to serve them. I’ve yet to see any marketer run a campaign within Facebook helping users to use the platform (and to presumably keep your incredibly helpful posts front and center). Do you use the little drop-down tab in each and every news feed post to tune the stream? How about using lists to segment various things? Do you actively report your feelings about various ads to the Facebook algorithm to help make what you see more relevant?

Media isn’t a megaphone. Marketing isn’t a monologue. We need to learn to shut up until we really have something to say, don’t we?

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A Law Against Being Dumb

We all hate it when people say negative things about us. Obviously, if you’re a business and this happens, the odds are that the mean things are posted in some very public places, which can be damaging to your business. I’ve written a few times about various tactics a business can use to respond to negative reviews or comments: ignoring them, denying them, addressing them in a positive manner, or suing the person who posted them. This last tactic, which is, in my mind, the least effective and most dangerous, is no longer an option.
One of the last things the outgoing Congress did was to pass H.R. 5111 – The Consumer Review Fairness Act of 2016. This law, in its own words:

makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; (2) imposes penalties or fees against individuals who engage in such communications; or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content (with the exception of a nonexclusive license to use the content) in any otherwise lawful communications about such person or the goods or services provided by such person.

In other words, businesses can’t sue someone because they impose a form contract that prohibits the customer from making negative comments and it forbids businesses from slapping fees on customers who do so. We’ve seen this done by several businesses over negative Yelp reviews. Then there is the case of the company that bricked a users software after he posted a negative review (and I’m unclear if the Act actually prohibits this!). As you’re reading this, I’m hoping your response is “why do we need a law to stop businesses from being stupid?”

Good point. That said, some consumers have spent many hours and thousands of dollars defending themselves against voicing their honest opinions which are based in fact (the law doesn’t by the way, negate existing libel or slander laws). But let’s not stray from the important point: how to handle negative reviews.

  1. Apologize. Do so loudly and in the same forum where the consumer voiced their opinion. It doesn’t matter if they’re dead wrong.
  2. Take a deep breath and ask yourself if there are grounds for the complaint. Be honest. Is this a one-off or have others complained about similar issues?
  3. Ask to take the discussion offline into a private forum – email, phone, direct messages, etc.
  4. Make it right – no “buts” and don’t “try.” That doesn’t mean you should accept a ridiculous offer from them (lifetime free meals because they found a hair in their salad) but you should compromise on something that is reasonable and lets the customer know they’ve been taken seriously and not ignored.

We shouldn’t need a law to help businesses from being dumb but until many of us wise up and quit suing our customers for voicing their opinions, this one is on the books. Thoughts?

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