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Ken Bone May Have Violated FTC Guidelines With Uber Tweet (vice.com)

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."

51 of 95 comments (clear)

  1. Who cares? by Anonymous Coward · · Score: 1

    Who caresssss?!?!? Is this really what's important in this election?

    1. Re:Who cares? by nanoflower · · Score: 1, Troll

      No one cares. Not even the FTC. People are regularly breaking this rule because they don't know about the regulations and the FTC takes no action. I believe they are only likely to act if someone is continually breaking the rules. That would seem worthy of the effort (and expense) of taking action while taking action on what is likely 100s of people are breaking the rules each day for the first time isn't a worthwhile usage of the FTC's time.

    2. Re: Who cares? by mitcheli · · Score: 1

      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...

      --
      Select from tblFriends where interesting >= 4;
  2. Is this a joke? by Anonymous Coward · · Score: 5, Insightful

    Celebrities get paid ALL THE FUCKING TIME to post shit on Twitter and Instagram and there's never any mention of "this ad was paid for by...". Seriously, go to look at one of the Kardashian's Twitters or Instagrams. And in case you might be thinking it's all coincidence, I used to do IT work for a company that was paid to get celebs to do that shit.

    1. Re: Is this a joke? by Anonymous Coward · · 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.

    2. Re:Is this a joke? by jandrese · · Score: 2

      This is what I don't get. I see unmarked paid endorsements everywhere on Twitter. Why did the FTC get their panties in a bunch over this one?

      --

      I read the internet for the articles.
  3. Just use the Hillary defense by hsmith · · Score: 5, Insightful

    He didn't know so he can't be held responsible. Easy enough.

    1. Re:Just use the Hillary defense by Anonymous Coward · · Score: 3, Interesting

      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.

    2. Re:Just use the Hillary defense by jopsen · · Score: 1

      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.

  4. That's politics for you... by Anonymous Coward · · 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.

    1. Re:That's politics for you... by Rei · · Score: 4, Funny

      Poor Ken Bone. I guess now he'll have to go back to his old job as a card in Guess Who.

      --
      The internet is not a series of tubes. It's more like a net. Or a network of computers. Or an internet.
    2. Re:That's politics for you... by Dahamma · · Score: 1

      Yeah, way to plagiarize something tweeted 4 days ago.

      https://twitter.com/horsedivor...

    3. Re:That's politics for you... by Rei · · Score: 2

      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!

      --
      The internet is not a series of tubes. It's more like a net. Or a network of computers. Or an internet.
    4. Re:That's politics for you... by Talderas · · Score: 4, 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.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:That's politics for you... by hodet · · Score: 1

      I'm outraged, just OUTRAGED!!! We're talking about number 2) right?

    6. Re:That's politics for you... by Falos · · Score: 1

      I'm shocked; shocked, I say! ...Well, not that shocked. --Rick Sanchez from Dr. Who

  5. Total Bullsh*t by BarbaraHudson · · Score: 4, Insightful

    This is total bullsh*t. How is this "deceptive?" And last I looked, I don't see most ads saying that they're ads. Slashdot Op Deals at the bottom of the page has ads for 6 items, none of them marked as ads. Same with ads on TV, the radio, and plenty of other web sites. Ads are obvious - even the slashvertisements.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    1. Re:Total Bullsh*t by Anonymous Coward · · Score: 1

      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.

    2. Re:Total Bullsh*t by Kiuas · · Score: 4, Interesting

      Ads are obvious - even the slashvertisements.

      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 and the results are quite far from it being obvious:

      In the study, published in the December Journal of Advertising, Bartosz W. Wojdynski and Nathaniel J. Evans, both assistant professors in the Grady College, conducted two experiments using online news articles to examine the differences that the language and positioning of the disclosure labels make in determining whether consumers recognize sponsored articles as advertising content.

      In the first study, only 17 of 242 viewers, or 7 percent, identified the content as advertising, and in the second eye-tracking study, only 17 percent identified the articles as advertising.

      "I think that many publishers and advertisers assume that just because they put a label on the content, consumers will automatically understand that the article they're reading is a paid advertisement," Wojdynski said. "These results show that's not the case at all, although the design of the disclosure label can make a big difference."

      The first study invited subjects to read online content featuring two stories: one that was editorial content and one that was a native ad featuring a quote from the executive of a fictitious company. Twelve versions of the second story were presented, all with varying disclosure label language-"advertising," "sponsored by," "brand voice" and "presented by"-and different positions for the disclosure label-on the top, middle and bottom of the article page.

      The study found that readers were seven times more likely to identify as advertising those articles that used "advertising" or "sponsored content" in the disclosure label compared with those that used terms like "brand voice" or "presented by."

      The second study used eye tracking to determine the best position for disclosure labels within native advertising articles. When a native advertisement disclosure was at the top of the page, only 40 percent of the viewers looked at it, but when the disclosure was in the middle of the page, 90 percent looked at the label. Sixty percent of the viewers noticed advertisement labels at the bottom of a page.

      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.

      --
      "It is the business of the future to be dangerous" -Alfred North Whitehead
    3. Re:Total Bullsh*t by BarbaraHudson · · Score: 1

      There's plenty of research done on that, both for print media and the net. "Ad blind" is a fact. Far more than 3 studies, going back to before the Intermet.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  6. BONED by meta-monkey · · Score: 1

    More like KEN BONED amiright?!!

    --
    We don't have a state-run media we have a media-run state.
  7. Re:What a moron by meta-monkey · · Score: 1

    I justed found out there's an election. Did I miss anything good?

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    We don't have a state-run media we have a media-run state.
  8. To be not leaning one way or the other by presidenteloco · · Score: 3, 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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    Where are we going and why are we in a handbasket?
    1. Re:To be not leaning one way or the other by phantomfive · · Score: 2

      It means you hate all the candidates.

      --
      "First they came for the slanderers and i said nothing."
  9. Or the Trump defense by CanadianRealist · · Score: 4, Funny

    I never tweeted that. Anyone who says I did is wrong!! and a complete liar.

  10. Re:What a moron by PraiseBob · · Score: 3, Insightful

    There are several candidates I want to vote against... I'm not surprised some people have not identified a candidate they want to vote FOR.

  11. Different rules for the 'little guys' by Nikkos · · Score: 4, 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.

  12. Re:What a moron by 110010001000 · · Score: 1

    Lets just say I would vote for the fucking clown in the sweater.

  13. Who??? by mspohr · · Score: 1, Insightful

    Who is this guy and why should I care about anything to do with him?

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    I don't read your sig. Why are you reading mine?
    1. Re:Who??? by ArchieBunker · · Score: 2

      At this point I'd consider an undecided voter as someone with an IQ low enough to a ward of the state.

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
    2. Re:Who??? by glitch! · · Score: 1

      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.

      --
      A dingo ate my sig...
    3. Re:Who??? by Rei · · Score: 1

      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.

      --
      The internet is not a series of tubes. It's more like a net. Or a network of computers. Or an internet.
    4. Re:Who??? by mspohr · · Score: 2

      Anybody who is "undecided" at this point is a moron.

      --
      I don't read your sig. Why are you reading mine?
    5. Re:Who??? by hodet · · Score: 1

      He wears a red shirt. Just wait another 13 minutes and we will all stop talking about him.

    6. Re:Who??? by Cederic · · Score: 1

      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.

    7. Re: Who??? by mspohr · · Score: 1

      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.

      --
      I don't read your sig. Why are you reading mine?
  14. Re:What a moron by meta-monkey · · Score: 1

    Bill Cosby?

    --
    We don't have a state-run media we have a media-run state.
  15. Re:idiot by BarbaraHudson · · Score: 1

    If it wasn't obvious to you, you're the perfect consume/sucker.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  16. It doesnt count if he is wearing a red sweater by youn · · Score: 3

    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

    --
    Never antropomorphize computers, they do not like that :p
  17. FTC Guidelines mean nothing. by RightSaidFred99 · · 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 has no jurisdiction and he should tell them to suck his fat, lumpy cock.

  18. Seems unenforceable by mattwarden · · Score: 2, Insightful

    Govt says I can't say something? There's an amendment for that.

    1. Re:Seems unenforceable by tehcyder · · Score: 1

      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.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  19. Re:idiot by Dahamma · · Score: 1

    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.

  20. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  21. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  22. Why is nobody questioning Ken Bone? by Zontar_Thing_From_Ve · · Score: 1

    OK, ,I admit that his weird popularity is just one of those strange, unpredictable things that happens. I don't think it was part of any great plan that went any further than trying to maximize his chance of getting allowed to ask a question on TV. But why is nobody questioning Bone's claim that he's still somehow "undecided"? I mean, I guess it's possible, but he's probably just about the only person who is. And exactly how much more info does he need to make up his mind? At this point everybody has not only made up their mind but they're hardening their positions and no more future revelations of misconduct on either side are likely to get people to change their vote. I honestly don't know a single person who has told me that they don't know who they are going to vote for. I know a lot of people who are really unhappy with who they are going to vote for, but I don't know anybody who still can't come to a decision about it. And yes, these FCC "guidelines" are pure crap.

  23. Re:Why are FTC regulations applying to... by omnichad · · Score: 1

    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?

  24. I've always wondered why by stabiesoft · · Score: 1

    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.

    1. Re:I've always wondered why by jandrese · · Score: 1

      I'd assume campaigns are paying their toll to ASCAP to use music at rallies.

      --

      I read the internet for the articles.
  25. Ken Bone's Follow-up Question by coughfeeman · · 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?"

  26. Whenever a headline uses "may", you know it's not by JoelKatz · · Score: 1

    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.