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The FTC says it’s illegal for influencers and brands to buy fake followers

It has always been a bad look for influencers to buy fake followers.

Marketers think you’re fake and deceptive. Users wonder why there is a big gap between audience size and “likes”.

But now the downsides of trying to buy influence are becoming more severe.

The Federal Trade Commission, or FTC, this week finalized a new rule that codifies how it plans to crack down on creators or companies that buy fake followers, views and other false indicators of social prominence to misrepresent their “influence or importance for a commercial purpose. “

In simple terms, if you buy followers or views to increase engagement on your account or sponsored post, the FTC can come for you. The agency, which is tasked with protecting consumers from deceptive advertising and other practices that harm consumers, has already taken action against alleged providers of fake followers, subscribers, views and likes. His new rule gives him a more solid framework to go after bad actors.

“This rule does not establish anything new, but it will provide a new enforcement mechanism for the Federal Trade Commission to obtain monetary relief for violations,” Katherine Armstrong, former FTC attorney and current deputy director of national advertising. BBB’s national programs division, told Business Insider.

So what is a fake follower? The FTC said there could be several different types of accounts, including a bot, an account hijacked from a real user, and an account set up to impersonate a real person without their consent.

And while influencers should avoid interacting with these types of accounts, brands need to be cautious as well. A company that buys fake followers or likes to make its business appear more popular could also draw the ire of the FTC, said Robert Freund, an advertising and e-commerce attorney.

“If a brand paid to have a bunch of fake followers and then just ran an organic post on their Instagram page, for example, that type of content is still commercial content,” Freund said. “It can still be advertising, even if there’s no express ad spend behind it.”

An exception to the rule is a social media user who buys fake followers but does not use their Instagram or TikTok account to earn money.

“If I just want to develop a personal brand because I like to have influence on social media and it would be cool to show my friends that I have a million followers and then go buy a million, that’s not really a goal trade that the Federal Trade Commission will get involved in,” Freund said.

So if you are finally online and just want to look popular, go for it.

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