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Old May 12, 2017, 6:08 am
  #3151  
 
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Originally Posted by cruisr
Not being an expert on FTC rules, how is a violation handled by them? It sounds like he may be violating some rules based on what posters here are saying.
You can file a complaint online. Typically they will start with a warning letter, as was recently done with about 60 Instagram and Twitter "influencers" who failed to appropriately disclose. There are also some private rights of action under state law but those typically require someone who is willing to state in court that they got bamboozled into thinking they were getting objective advice and acted on it. (This is not legal advice.)
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Old May 12, 2017, 6:51 am
  #3152  
 
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Originally Posted by Adam1222
Citizenship is not what subjects one to jurisdiction of the FTC. (And yes, its FTC not FCC we're talking about here.)
Section 5 of the Federal Trade Commission Act applies to acts or practices that "(i) cause or are likely to cause reasonably foreseeable injury within the United States; or
(ii) involve material conduct occurring within the United States."
Yes, I'm sure if a Romanian Instagram star gets endorsed by Coke Romania, and the post is seen in the U.S. but not follows FTC disclosures, the FCT will have tremendous power to act.
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Old May 12, 2017, 7:28 am
  #3153  
 
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Originally Posted by mikex163
Yes, I'm sure if a Romanian Instagram star gets endorsed by Coke Romania, and the post is seen in the U.S. but not follows FTC disclosures, the FCT will have tremendous power to act.
I didn't suggest that and don't understand the hostility to my providing relevant factual information.

But to the extent you aren't simply raising a straw man: in your hypothetical, it would be difficult to meet the "likely to cause reasonably foreseeable injury within the United States" standard, and there also would be issues of personal jurisdiction. Our discussion here, though, is about One Mile at a Time and a specific YouTube channel, which are clearly targeted, at least in part, at American audiences (the Condor flight was a flight from the US), and over businesses/individuals as to which there is plainly personal jurisdiction. (Personal jurisdiction, of course, has nothing to do with citizenship either. If you would like a further lesson on that topic, please let me know and I can provide you with some information).



Moving on to discussion of OMAAT, from the "Lord he's out of touch files," posted on Twitter/IG this morning: "Having a cappuccino with 24 carat gold flakes... as one does in the UAE. It was either that or the camelccino!"
My response being, actually what "one does" in the UAE is work for subsistence wages to send money home to your impoverished family in another country.
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Old May 12, 2017, 8:05 am
  #3154  
 
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No, the discussion was about Instagram (post #3145 ). I wasn't the one that started it either.
And I seriously doubt that the FTC has jurisdiction even if part of a promotion took stage in the U.S. There are plenty of stuff being promoted in social media in other countries that has stuff filmed (photographed, etc.) in the U.S. And of course none of them have any disclosures complying to FTC rules - it made me remember once when the MPAA went to Portugal and got an agreement with the "local MPAA" that they would start sending letters to people who downloaded movies that these people had to pay a "fine" (to them, of course) or be taken to court; one hour later, a consumer protection organization came out and said "well, that's blackmailing, and it might involve hacking otherwise they wouldn't know who downloaded what, so if anyone receives any such letter, please let us know so we can sue them"; the next day the Parliament was involved; and that was it, never heard about it anymore (because they gave up, that is).

Depending on the arrangement between OMAAT and Daniel (?), in that case, yes, it might be a problem. But if Daniel was a non-US person with no right to work in the U.S. just doing one-offs for OMAAT (plenty of cases like that in social media, because having the right to work in the U.S. is very difficult, but paying you to speak/do a promotion/etc. is relatively easy), I doubt that it would every apply to him as well; or enough to make the FTC care at least.

But, moving on as you said, if you have something to say to Ben, why don't you say it to him? I thought this topic was to discuss the blog, no what anyone wants to say to him (but apparently thinks this is the way to do it?).
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Old May 12, 2017, 8:21 am
  #3155  
 
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Originally Posted by mikex163
No, the discussion was about Instagram (post #3145 ). I wasn't the one that started it either.
And I seriously doubt that the FTC has jurisdiction even if part of a promotion took stage in the U.S. There are plenty of stuff being promoted in social media in other countries that has stuff filmed (photographed, etc.) in the U.S. And of course none of them have any disclosures complying to FTC rules - it made me remember once when the MPAA went to Portugal and got an agreement with the "local MPAA" that they would start sending letters to people who downloaded movies that these people had to pay a "fine" (to them, of course) or be taken to court; one hour later, a consumer protection organization came out and said "well, that's blackmailing, and it might involve hacking otherwise they wouldn't know who downloaded what, so if anyone receives any such letter, please let us know so we can sue them"; the next day the Parliament was involved; and that was it, never heard about it anymore (because they gave up, that is).

Depending on the arrangement between OMAAT and Daniel (?), in that case, yes, it might be a problem. But if Daniel was a non-US person with no right to work in the U.S. just doing one-offs for OMAAT (plenty of cases like that in social media, because having the right to work in the U.S. is very difficult, but paying you to speak/do a promotion/etc. is relatively easy), I doubt that it would every apply to him as well; or enough to make the FTC care at least.

But, moving on as you said, if you have something to say to Ben, why don't you say it to him? I thought this topic was to discuss the blog, no what anyone wants to say to him (but apparently thinks this is the way to do it?).
I don't understand what you're even saying, but the FTC can hold a blog liable for its content, and sponsors liable for ads that don't have proper disclosures. I.e., OMAAT as an entity or Condor can be liable for sponsored content that isnt properly disclosed - regardless of whether Daniel is a freelancer, a paid employee, or a unicorn. You don't look to the work status or the citizenship of the author, or how frequently they post.

Jurisdiction under the FTC Act is an effects test. I agree that simply filming something in the US would not justify FTC jurisdiction if there was no reason to believe a deceptive trade practice. Any discussion about what the MPAA wanted to enforce in Portugal, which has nothing to do with either the FTC Act or the topic of that statute's coverage of influencers who are directing their postings at American markets. You can continue to argue with me, or you can perhaps look at the list of companies and individuals that the FTC sent letters to -- which includes non-American citizens and non-American corporations http://wwd.com/business-news/media/f...osts-10883342/

As to what i should and shouldn't post, thank you for your suggestion. I'm pretty sure Ben is aware of my feelings, and I feel that my discussing things that I find interesting that "One Mile at a Time" posts and my feelings about them are appropriately addressed here... in a discussion forum...entitled " One Mile at a Time [OMaaT] discussions [merged]".

I get it; you don't like me. Feel free to ignore things I say or post.
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Old May 12, 2017, 9:08 am
  #3156  
 
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I agree that the FTC can hold a blog liable for its content, and sponsors liable for ads that don't have proper disclosures.
But the discussion was if Daniel was violating such rules, and I replied to that. I thought he was a non-US person, and I replied taking that into account. That was wrong, as I have already acknowledged.

The MPAA/Portugal example was just another example of Americans taking their role as "policeman of the world" a little to far. Like it would be if the FTC would try to enforce its rules just because there is a tenuous connection to the U.S.
And I for sure won't check if everyone in that list complies to the restrictions that I mentioned in my post.
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Old May 12, 2017, 11:29 am
  #3157  
 
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Originally Posted by mikex163
I agree that the FTC can hold a blog liable for its content, and sponsors liable for ads that don't have proper disclosures.
But the discussion was if Daniel was violating such rules, and I replied to that. I thought he was a non-US person, and I replied taking that into account. That was wrong, as I have already acknowledged.
At the end of the day my point is that the he should be disclosing that it was a free ride on all forms of social media. Not just because of the FTC says so, but because it is the right thing to do. That should go for anyone on social media.

I also pointed out that he wrote 100% self funded on his Instagram. There are a lot of "popular kids" on social media that present themselves as very wealthy. Some either come from rich families and others just fake it. One could say that at 19 maybe Daniel inherited money and considers himself "self funded". There is probably a decent chance that he is just another Ford living off his parents money. No matter if he is self funded, he is deceiving his audience whenever he takes free flights and/or sponsored trips from airlines and hotels and doesn't disclose it.

When someone deceives their audience I think I have every right as a reader to question the authenticity of what they write... especially when it comes to reviews.

Adding Daniel IMO is a detriment to the blog. It's quantity over quality. I will say that it was nice of Ben to give someone who has a strong passion for aviation a chance. I can only hope that he gives Daniel more guidance if he continues to write for the blog.
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Old May 12, 2017, 1:54 pm
  #3158  
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Wow maybe a sad commentary on my life, but I can't believe this isn't in the thread yet.

Looks like Ben is getting a digital show on Bravo.

http://www.hollywoodreporter.com/new...-slate-1002691

Guess that makes him pretty main stream.
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Old May 12, 2017, 2:27 pm
  #3159  
 
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Originally Posted by Long Train Runnin
Wow maybe a sad commentary on my life, but I can't believe this isn't in the thread yet.

Looks like Ben is getting a digital show on Bravo.

http://www.hollywoodreporter.com/new...-slate-1002691

Guess that makes him pretty main stream.
That's pretty great for Ben. Bet Brian Kelly is pretty jealous as he had to purchase all his views for his made for YouTube TV show.

Ben has a very unique personality, curious how that would plays out on a digital series.
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Old May 12, 2017, 3:14 pm
  #3160  
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That's pretty funny: a Show about using credit card bonus points for luxury travel.

They need another show on how to send a letter using the Pony Express. It would be equally timely and useful.
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Old May 12, 2017, 3:22 pm
  #3161  
 
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Must be the around the world trip from February coming back to us
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Old May 13, 2017, 2:05 pm
  #3162  
 
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Originally Posted by kokonutz
That's pretty funny: a Show about using credit card bonus points for luxury travel.

They need another show on how to send a letter using the Pony Express. It would be equally timely and useful.
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Old May 13, 2017, 5:33 pm
  #3163  
 
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I've been following Ben's Instagram video stories from his residence flights. He seems fairly drunk and hyperactive. He has pointed out some interesting things about the hard product. He is making a claim that there is a sliding peep hole into the bedroom. I can't say I've heard that one. Still no Brian Kelly-esque drunk'n rant next to a shower at 40,000 ft. Guess the reduced flight time won't allow Ben to get that far into a bender.

More interestingly it seems that Etihad has been following his blog and placed a signed Shawn Mendes photo next to his bed and some time later provided Ben with a box of tissues (I guess Cathay Pacific is the only one who takes Krug and tug requests). I think it may have been pointed out that Shwan Mendes is a popular teen singer (18 years old) and Ben is what 28 years old now? I will give props to Ben for making the joke. I don't think Gary Leff could pull off requesting the younger version of Selena Gomez to be his butler.
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Old May 13, 2017, 7:08 pm
  #3164  
 
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Originally Posted by Astrophsx
I've been following Ben's Instagram video stories from his residence flights. He seems fairly drunk and hyperactive. He has pointed out some interesting things about the hard product. He is making a claim that there is a sliding peep hole into the bedroom. I can't say I've heard that one. Still no Brian Kelly-esque drunk'n rant next to a shower at 40,000 ft. Guess the reduced flight time won't allow Ben to get that far into a bender.

More interestingly it seems that Etihad has been following his blog and placed a signed Shawn Mendes photo next to his bed and some time later provided Ben with a box of tissues (I guess Cathay Pacific is the only one who takes Krug and tug requests). I think it may have been pointed out that Shwan Mendes is a popular teen singer (18 years old) and Ben is what 28 years old now? I will give props to Ben for making the joke. I don't think Gary Leff could pull off requesting the younger version of Selena Gomez to be his butler.
I just watched his IG stories as well. As you mentioned he's pointed out some cool features. Although there probably isn't much that hasn't been captured in other reviews of the Residence. Pretty annoying to watch though - not sure if it's the booze but it's like listening to a teenager gush about their crush. Kind of a repetitive style of speaking similar to his blog posts. His obsession with champagne gets old pretty quick. If I were someone simply looking for an informative review of the product I wouldn't bother watching past the first couple of minutes. But maybe his IG followers are mostly friends and fan-boys/girls.

His IG photo post narratives are also kinda teenager-ish..."I can't even!" etc.

Residence is interesting to see though.
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Old May 13, 2017, 7:16 pm
  #3165  
 
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Interesting addition to the wikipedia page:

"It is proposed that this article be deleted because of the following concern:
Not a notable figure, and seemingly caught up on NPOV contributors
"
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