Simplifying Legal for Small Business Owners

040: Marketing on Instagram


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Eleven years since it launched, Instagram has become a go-to marketing platform for many entrepreneurs. Despite frustrations with constant algorithm changes or the added necessity of Facebook, it still remains popular for business visibility and engagement. However, like with any platform, you need to consider the possible legal ramifications to your business.

In this episode, I discuss how to protect your business legally when you use Instagram to market your products or services. I give an overview of some key areas to look over and talk about using testimonials, avoiding false claims, posting disclaimers, and handling direct messages on Instagram in ways to avoid unnecessarily opening yourself up to legal liability.

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In this episode:

[02:11] - When posting testimonials, you need to consider these questions.

[03:47] - What if you can’t back up your social proof with evidence? A simple disclosure should cover it.

[04:08] - Be cautious about releasing anything requiring permission to use the name and likeness of clients or customers.

[04:46] - Can you take screenshots of comments and use those as social proof? It depends on what’s written in your contracts/policies.

[05:33] - Beware of making false claims on Instagram. This is an area monitored by the Federal Trade Commission (FTC).

[05:55] - Danielle offers an example of an unsubstantiated claim in the weight loss industry.

[06:23] - Danielle showcases a more subtle unsupported claim, this time in the marketing industry, and discusses the type of language to use instead.

[07:38] - In case you need it, here’s a refresher on what a disclaimer is.

[08:21] - With limited characters allowed on Instagram posts, how do you include the necessary disclaimers?

[09:52] - Handle your responses to DMs on Instagram with care. Danielle discusses why and shares how she crafted a response to a client through a DM.

[11:05] - Direct messages also make addressing confidentiality necessary.

[11:38] - To wrap up, Danielle talks about the action steps you should take next.

 

Links & Resources:

Instagram Disclaimer Template

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Simplifying Legal for Small Business OwnersBy Danielle Liss

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