One Mile at a Time [OMaaT] discussions [merged]
#3151
Join Date: Jul 2009
Location: Washington, DC
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Posts: 7,321
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.)
#3152
Join Date: Apr 2014
Location: DC
Posts: 360
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."
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."
#3153
Join Date: Jul 2009
Location: Washington, DC
Programs: DL PM; IHG PlatAmb; Hilton Dia; Marriott Plat; Hyatt Discoverist
Posts: 7,321
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.
#3154
Join Date: Apr 2014
Location: DC
Posts: 360
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?).
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?).
#3155
Join Date: Jul 2009
Location: Washington, DC
Programs: DL PM; IHG PlatAmb; Hilton Dia; Marriott Plat; Hyatt Discoverist
Posts: 7,321
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?).
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?).
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.
#3156
Join Date: Apr 2014
Location: DC
Posts: 360
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.
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.
#3157
Join Date: Feb 2009
Posts: 3,737
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.
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.
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.
#3158
Moderator, Amtrak & Spirit Airlines
Join Date: Jan 2011
Location: EWR :rolleyes:
Programs: AC 50K, AS MVP, AA Plat Pro, DL Plat, UA Silver, IHG Spire, Marriott Titanium, Hertz PC
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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.
Looks like Ben is getting a digital show on Bravo.
http://www.hollywoodreporter.com/new...-slate-1002691
Guess that makes him pretty main stream.
#3159
Join Date: Feb 2009
Posts: 3,737
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.
Looks like Ben is getting a digital show on Bravo.
http://www.hollywoodreporter.com/new...-slate-1002691
Guess that makes him pretty main stream.
Ben has a very unique personality, curious how that would plays out on a digital series.
#3160
Original Member, Ambassador: External Miles and Points Resources
Join Date: May 1998
Location: Digital Nomad Wandering the Earth - Currently in LIMA, PERU
Posts: 58,623
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.
They need another show on how to send a letter using the Pony Express. It would be equally timely and useful.
#3162
Join Date: Oct 2009
Location: Austin, TX
Programs: AA LT Plat, UA 1k/1mm+, National EE, IC Plat, Bonvoy Gold
Posts: 2,605
#3163
Join Date: Feb 2009
Posts: 3,737
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.
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.
#3164
Join Date: May 2009
Location: South Park, CO
Programs: Tegridy Elite
Posts: 5,678
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.
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.
His IG photo post narratives are also kinda teenager-ish..."I can't even!" etc.
Residence is interesting to see though.
#3165
Join Date: Jan 2010
Location: New York and Vienna
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Posts: 3,870
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"
"It is proposed that this article be deleted because of the following concern:
Not a notable figure, and seemingly caught up on NPOV contributors"