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Ep #024: Navigating the Legalities of Influencer Marketing (with Robert Freund)

Published
May 31, 2023
Updated
17 Nov
2024
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In this episode, we talk to Robert Freud, an advertising attorney, to discuss the legalities of influencer marketing. We cover various topics such as FTC regulations, Mr. Beast's recent giveaway controversy, and usage rights for brand content. The conversation emphasizes the importance of understanding the legal side of influencer marketing to avoid abuse and legal issues.

  • [03:10]: Robert's background
  • [04:17]: Robert's transition into influence marketing
  • [07:15]: Mr.Beast viral giveaway
  • [10:12]: Robert's craziest case relative to influencer marketing
  • [13:43]: Consequences of breaking lawsuits
  • [18:03]: Attorney opportunities on influencer lawsuits
  • [20:28]: Percentage of brands caught with lawsuits
  • [23:31]: Who's liable, the brand, agency, or Influencer?
  • [24:58]: What is the Federal Trade Commission?
  • [27:06]: FTC's purpose
  • [28:38]: Calculating the amount to sue for
  • “There's no requirement that somebody sends you a cease and desist before they file a lawsuit” – Robert Freund
  • “You're paying double the attorney fees and whatever the settlement is and it's usually pretty black and white, whether you broke the law or not.” - Cody Wittick
  • “Federal lawsuits are pretty easy to access and keep tabs on, state courts are a little bit more difficult.” – Robert Freund

Cody Wittick: Twitter‍

Taylor Lagace: Twitter

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