Social Media and Internet Tools for Business Owners

Believe it or not, there are online advertising and marketing laws that exist. The Federal Trade Commission (FTC) is responsible for creating and enforcing rules when it comes to online advertising.

One of the biggest things about online advertising is providing consumers with the truth. Advertisers should be honest about what they provide and refrain from false claims. The FTC rule further explains the need for advertisers to have evidence that supports advertising claims.

Disclosures are also recommended to inform consumers of certain details they’ll need to know if buying a business’s products or services.

Online privacy is something consumers see the importance in having. Your business should provide a privacy policy for consumers so that they clearly understand how they’re information is being used on your business website.

Every privacy policy should include the following:

• A description of the information collected from the consumer
• How any data collected will be used
• How the business will store collected data from users and what security policies are in place to protect it
• Options to opt-out (required by FTC)
• Company contact information
• The date that the privacy policy went into effect

Google’s Privacy Policy

Google has a major internet presence as the most used engine on the web. They have a privacy policy in place since 2012 about how information across the different Google services is shared. It’s more transparent between the services on what information is collected and how it can be used.

Google has shared information across its services before, but YouTube’s data was added and search history to the list of shared information. However, third parties still do not have access to the information.

An opt-out option is available through the Google dashboard and allows users to set up their ad preferences. Therefore, if you don’t want to receive targeted ads, you don’t have to. You can prevent Google from sharing information by having separate accounts for your different Google services, like one for Gmail and one for Google Docs.

Removing a Business From a Platform Like Yelp

A former client told us that Yelp refused their request for their business and wanted to know what their legal options were. This client had a one-man service shop without any employees. The client wanted to remove their business because there was a bad review that affected his business. The business only had 4 Yelp reviews, which were three 5-star reviews and one 2-star review.

They handled the situation appropriately but taking accountability and explained that they will no longer provide the service the customer was unpleased with. Since they handled it great, our firm was confused as to why they wanted to remove the business from Yelp.

Yelp has a strict policy against removing business listings. They also have a strict policy in regards to deleting or modifying a user’s review. These policies make sense as Yelp bases its platform on providing reliable feedback to users. They also don’t use the image or logo on the company without the consent of the business, so it’s likely that there is no trademark claim.

Yelp avoids any sort of defamation claims by not providing subjective information. In fact, most businesses submit their business on purpose. In other words, the information that Yelp Provides is always true, and will never be subject to defamation.

Yelp’s users contribute reviews, but in the event that a user makes a false review on a business, the business can hold the user liable and not Yelp. But if a platform like Yelp refuses to remove a business, a claim can be filed. However, this option can be expensive and the business could still not be removed.

It’s understandable when a business wants a bit more privacy after receiving negative feedback to avoid a bit of backlash. The best option isn’t necessarily removing the business from the platform with the negative reviews, but handling them accordingly can show future customers that a business is good with customer resolution.

And remember with more positive reviews a negative comment can eventually turn into an outlier comment. Most comments could be positive reviews if the business’s service reflects that.

Consumer and business privacy is necessary for protecting data from users. More importantly, you must be in compliance while sharing content on the web. Also, that traditional compliance in business could change in the digital age.

Content cannot always be a free-for-all. You don’t want the costly effects of sharing certain content without crediting those who have originated it, and sometimes with their permission as well.

You could also have employees and freelancers who have the job of putting out content to your audience. They may know alot about the content that has been created or is being created. This would incline any business owner to establish a non-compete agreement. However, this is something to be questioned when it comes to online businesses.

Copyright Infringement

There are plenty of digital goods on the internet that people reuse and share at every second. Creators of those digital goods sometimes struggle to enforce their rights as copyright holders, and some places have taken action to help improve that.

Florida for example has the True Origin of Digital Goods Act, signed by former Governor Rick Scott.

The True Origin of Digital Goods Act requires companies with websites and other online services (such as mobile apps) that distribute music, video, and other audiovisual content of third parties to include the website owner’s contact information –full and correct name, physical address, and either a telephone number or email address.

Be mindful of using copyrighted material on profiles and websites you have. Copyright infringement is an expensive mistake that results in a heavy settlement, in or out of court.

Non-Compete Agreements

Louisiana law allows employers to restrict former employees from competing with them for 2 years after the end of employment with them. Concerns about enforcing a non-agreement in the digital age arise among lawyers, businesses, and employees. It’s ill-suited and will put all involved in an awkward situation due to not knowing how the non-compete will apply in different scenarios in the digital age.