Ken Bone May Have Violated FTC Guidelines With Uber Tweet (vice.com) 95
An anonymous reader quotes a report from VICE News: In a lot of ways, unlikely presidential debate star Ken Bone is a marketer's dream. He is undecided on his political leanings (for now), inoffensive, instantly recognizable, and affable on TV and social media. So it makes sense that Uber asked him to send a promotional tweet for this week's launch of Uber's black car uberSELECT service in St. Louis, site of the debate Sunday night that launched him to fame. But there's one problem: Bone may have violated Federal Trade Commission guidelines for advertising on social media by not marking his tweet as an ad or mentioning that Uber paid him for making the tweet. "[The tweet] needs to disclose that he was compensated," said lawyer Rick Kurnit, of Frankfurt, Kurnit, Klein + Salz PC. "He and Uber are in violation of FTC guidelines, because Uber is also responsible for what their influencers do." The guidelines that Kurnit is referencing are pretty straightforward, and the FTC offers specific advice for how to craft sponsored posts on Twitter. "The FTC isn't mandating the specific wording of disclosures," an FTC guidelines FAQ states. "However the words 'Sponsored' and 'Promotion' use only 9 characters. 'Paid ad' only uses 7 characters. Starting a tweet with 'Ad:' or '#ad' -- which takes only 3 characters -- would likely be effective." Kurnit added that while the FTC "doesn't like" using simple hashtags for disclosures, he agrees that it might have sufficed. When VICE News initially reached out to Uber asking whether Bone was paid for the tweet, a spokesperson said the company is "providing him with Uber credit for his role in the launch." And although Bone and Uber wouldn't be fined for violating the FTC Act (Section 5 of which prohibits "deceptive advertising"), the guidelines say that "law enforcement actions can result in orders requiring the defendants in the case to give up money they received from their violations."
Who cares? (Score:1)
Who caresssss?!?!? Is this really what's important in this election?
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orders requiring the defendants in the case to give up money they received from their violations
Of course, since from what I hear, he was given comp'd rides on Uber and not cash. I'm not sure exactly what this aims to achieve...
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Is this a joke? (Score:5, Insightful)
Re: Is this a joke? (Score:1)
So why don't you send the FTC details of the tweets and complain? Nothing will get done about this unless people who think it is wrong take a stand.
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Just use the Hillary defense (Score:5, Insightful)
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Her campaign worked with her Super PACs, illegal according to FEC rules.
The DNC routed money for down ticket elections to her primary, borderline illegal according to FEC rules.
Her campaign took millions from Saudi Arabia, illegal according to FEC rules.
Her campaign coordinated with newspapers and didn't declare their help as donations, illegal according to FEC rules.
Who is in trouble after all of this?
Ken Bone, because he tweeted.
This country is completely fucked if this is how the laws are upheld now.
Or the Trump defense (Score:5, Funny)
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He didn't know so he can't be held responsible. Easy enough.
In all seriousness, yeah... He is the little guy here, Uber most likely knows (or should have known better), I would certainly support Uber being fine significantly here.
That's politics for you... (Score:1)
That's politics for you, a nice guy spends a few minutes asking a sensible question, the next thing we know there's a scandal.
Re:That's politics for you... (Score:5, Funny)
Poor Ken Bone. I guess now he'll have to go back to his old job as a card in Guess Who.
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Yeah, way to plagiarize something tweeted 4 days ago.
https://twitter.com/horsedivor... [twitter.com]
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1) I linked that tweet myself elsewhere in the comments, as part of a series of funny tweets about Ken Bone.
2) Wow, stop the presses, someone on the internet repeated something that they found funny!
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I'm outraged, just OUTRAGED!!! We're talking about number 2) right?
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Re:That's politics for you... (Score:5, Interesting)
Poor guy asks a sensible question.
Media can't abide this.
Media searches individuals history looking for any possible dirt.
They find "dirt", the a reddit post indicating belief that the shooting of Trayvon Martin in self-defense was justified, expressing potential sexual attraction to pregnant women, and promoting vasectomies.
The only real evidence of wrongdoing that they found was a reddit post indicating that he had submitted fraudulent insurance papers to keep his pizza delivery job.
Total Bullsh*t (Score:5, Insightful)
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While many of Barbara's posts are factually incorrect and/or just plain moronic, it you go look at the actual tweet, yes, this one was a completely obvious promotion.
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"[The tweet] needs to disclose that he was compensated," said lawyer Rick Kurnit
Telling other people what to do, and punishing them if they don't do it, is slavery.
Also, if you want people to know something, then you tell them! The Streisand effect can't be stopped, and doesn't need legal help.
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Like Joe the Plumber, when you embarrass a Democrat, the government WILL come after your ass.
Just wait till Trump loses and Hillary takes office. She's notorious for getting payback - and she'll have Comey and a politicized DoJ and IRS at her bidding. Look to set half his companies destroyed within 5 years.
Re:Total Bullsh*t (Score:5, Interesting)
They're not obvious to everyone, in fact it'd seem they're not obvious to most people. There haveve been a few studies done on how well people, especially young people recognize sponsored content as an ad [uga.edu] and the results are quite far from it being obvious:
As adblocking has become easier than ever advertisers have evolved and sponsored content is the new trend, and even though to you or me it's blatantly obvious to pick these out, many people are easily deceived. So if we want to make sure advertisers cannot deceive consumers emphasizing correct labeling is important.
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I justed found out there's an election. Did I miss anything good?
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Bill Cosby?
Re:What a moron (Score:4, Insightful)
BONED (Score:2)
More like KEN BONED amiright?!!
To be not leaning one way or the other (Score:4, Insightful)
in the election at this stage means you must have the political and social insight of a (very vertical) fence post.
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Different rules for the 'little guys' (Score:5, Insightful)
Seriously. A perfect example of how average individuals get fscked while the rich can do what they want. Every other fucking tweet/instagram/facebook post by a celeb is a commercial endorsement of some sort, I don't see the FTC making a fuss - until it's a (well-dressed) average American - THEN it's a problem.
Who??? (Score:2, Insightful)
Who is this guy and why should I care about anything to do with him?
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At this point I'd consider an undecided voter as someone with an IQ low enough to a ward of the state.
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Who is this guy and why should I care about anything to do with him?
Good question. I just saw this name posted somewhere with a picture of a fat guy with a mustache alongside a halloween costume for girls. Seriously, WTF?! The submitter should have given some information on who this person is. It is insulting to expect that we know who your NOBODY is.
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He's somewhat of a new meme. He was one of the "undecided voters" at the second US presidential debate and asked the final question. The combination of his name, his peculiar look, and his "Can't we all just get along?" question quickly turned him into internet fodder [buzzfeed.com].
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Anybody who is "undecided" at this point is a moron.
Re: Who??? (Score:2)
Trump has no coherent policy positions. He just free associates then denies everything. He's a psychopath.
Hillary is a neoliberal.
You should be able to make a decision. I'd you don't like either. Write in your favorite loser.
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He's somewhat of a new meme.
That's nice. And for the adult audience that doesn't inhabit Teen America FaceTwat, who the fuck is he?
Sorry, the rest of your comment does answer that. It's just the blinkered idiocy of the submitter and editor in assuming we're all trendy tumblr users that gets to me.
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He wears a red shirt. Just wait another 13 minutes and we will all stop talking about him.
It doesnt count if he is wearing a red sweater (Score:4)
c'mon leave the guy alone. (1) he is new to this, last week he had less than 10 followers (2) it's not that bad, really (3) how the heck isn't it obvious it is an ad from the tweet
FTC Guidelines mean nothing. (Score:1)
This is laughable. He can say whatever the fuck he wants. Any celebrity who is targeted by the FTC should sue. There is no possible exemption from the first amendment due to "reader stupidity". He didn't threaten anyone, incite violence, or do anything a reasonable person would see as so dangerous to society that his first amendment rights should be infringed. What is the claim, fraud? Good luck. What agreement does he have with any person to give impartial reviews, advice, or commentary on twitter?
FTC ha
Seems unenforceable (Score:3, Insightful)
Govt says I can't say something? There's an amendment for that.
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Govt says I can't say something? There's an amendment for that.
Yes, that's why newsreaders regularly slander people on live TV and say "fuck" a lot.
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He's only not "carrying on a business" if your local TV station isn't doing so. He accepted compensation in exchange for advertising, and will not receive a W-2 for it. What else do you call that?
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Why is nobody questioning Ken Bone? (Score:2)
I've always wondered why (Score:2)
when the candidates use music from artists that do not agree (and without permission) with them at rallies, why there is no fine for using the music without authorization. When a mere mortal just downloads a song for personal use it can cost 250K. So if 1000 people are at a rally, shouldn't the fine be 250 million? And its not like the candidates don't know, as it comes up all the time, so ignorance is not an excuse.
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Ken Bone's Follow-up Question (Score:1)
I think Ken now deserves an answer from the candidates to this follow-up question, "what do you think of this fucked up situation right here?"
Whenever a headline uses "may", you know it's not (Score:2)
He didn't violate the guidelines. The guidelines don't specify how you have to indicate that it's an ad, you just have to indicate somehow. And he did. The link in the tweet goes to an ad that mentions him by name. The tweet is clearly part of that same campaign.