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FTC Compliance
August 30, 2024
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FTC Ruling: The 4 Critical Changes That End Pay-For-Post Influencer Marketing—What Brands Must Know to Stay Compliant

On August 14, 2024, the FTC released a landmark final ruling that fundamentally changes the landscape of influencer marketing compliance. If your brand pays for influencer posts, you’re at risk. Each paid post is now a compliance violation risk, with penalties up to $43,792 per violation. No brand is safe.

Table of Contents

THE 4 KEY CHANGES THAT CHANGE EVERYTHING FOR INFLUENCER MARKETING

The FTC’s rule is designed to combat deceptive marketing practices, with a particular focus on fake reviews and misleading endorsements. Here’s how it impacts the influencer marketing model:

1. ALL PAID INFLUENCER POSTS UNDER SCRUTINY—DISCLOSURES WON’T PROTECT YOU

Simply using #sponsored or #ad tags is no longer enough. The FTC’s new rule prohibits any compensation tied to specific sentiments, making traditional pay-for-post campaigns a significant compliance risk in influencer marketing. This shift means that paid endorsement compliance now requires a more rigorous approach.

2. CONDITIONAL INCENTIVES BANNED—NO PAYMENTS FOR ANY REVIEW–POSITIVE, NEGATIVE, OR ANY SENTIMENT IN BETWEEN

Brands can no longer offer payment or incentives for any reviews, regardless of whether they are positive, negative, or neutral. The FTC’s crackdown on conditional compensation now includes severe penalties, up to $43,792 per violation, fundamentally altering influencer marketing regulations.

3. SEVERE PENALTIES OF UP TO $43,792 PER VIOLATION—NO BRAND IS SAFE

The FTC’s rule allows the agency to seek civil penalties of up to $43,792 per violation. For brands that continue to use traditional influencer marketing practices, the financial risks are substantial. This is not just a slap on the wrist; penalties can add up quickly, especially for large-scale campaigns. This makes FTC-compliant marketing tools more critical than ever.

4. INFLUENCERS AND CELEBRITIES ON THE HOOK—FAILURE TO DISCLOSE WILL COST THEM

Social media influencers and celebrities must ensure their endorsements are genuine and fully disclose any material connections to the brands they promote. Failure to comply can lead to significant penalties, impacting their reputation and financial standing. The focus on FTC ruling influencer marketing compliance extends to both brands and the influencers they partner with.

The Bottom Line: A New Era for Influencer Marketing

This new FTC rule marks a turning point for influencer marketing. The days of straightforward pay-for-post campaigns are over. The safest path forward: stop paying for fake posts and consider influencer marketing alternatives like Circular Marketing strategies or gated creator discounts to maintain FTC compliance and build trust with your audience.

About the author
Kaeya Majmundar
Co-Founder & CEO, SwayID
Join me in this movement. Together, we can kill the toxicity and revive marketing with authenticity, honesty, and real human connection.

Oct 14 FTC influencer crackdown. $43k fine per violation. CYA or see ya.