Marketing Attorney BlogABA CLE: Advertising Regulations in the Age of Social Media Influencers, Dark Patterns and Consumer Reviews
Dunkin Donuts influencer Charli
A few years ago, when my daughter insisted that she needed to try the Charli drink at Dunkin Donuts, I scoffed. Who is Charli? And what is that drink? Well, it turned out “Charli” was social media influencer Charli D’Amelio, with over 100 million TikTok followers, and considered one of the most influential teens in the world. The drink was a sugar-blasted undrinkable concoction (that’s my opinion, and I was not the targeted demographic). The result of that influencer marketing program was (1) the drink sold like hot cakes; and (2) more importantly, it led to a 57% surge in mobile app downloads. Cold Brew sales increased by 20% on the launch day, and 45% on day two. The goal was to appeal to young consumers. It worked. Big time.
As an attorney in the law marketing space, I’ve tried to wrap my head around these newer forms of advertising and promotion. There is no question that influencers influence–Corporate spending on influencers will exceed $10 billion in 2025, more than doubling since 2021, according to eMarketer. Consumer reviews—a cornerstone of marketing for most every industry (law firms included!)—bring their own set of potential perils with them. And creative (and entrepreneurial) digital designers employ dark patterns—deceptive design techniques used in websites, apps, and digital interfaces to manipulate users into making choices they might not otherwise make. In other words, there is lots of room for legal issues and the need for a CLE on the subject matter. This is not your grandparents’ marketing.
When I first saw these issues addressed at the NAPABA Convention last November in Seattle, it caught my attention in a multitude of ways—as a marketer, as an ethics attorney, and simply the confluence of it all in understanding the legal implications of this burgeoning area of marketing, and the law. It’s a subject that every attorney should at least have a working understanding of, especially with any corporate or business clientele.
Please join me as a moderate an amazing panel of lawyers well-versed on the topic. Explore the legal challenges of influencer marketing and social media, from FTC regulations to the role of the NAD and handling consumer reviews. Understand dark patterns and how to help clients maximize impact while staying compliant in today’s rapidly evolving digital landscape.
From A-lister Kylie Jenner to the “Costco Guys,” we live in the age of influencers. However, it is critical for today’s practitioners to understand the legal issues beneath the surface as it impacts clients daily. Perhaps you are influenced by or are an influencer yourself. Understanding the legal issues surrounding the industry is critical, including FTC regulations. Learn about the unique challenges that arise because of the increasing popularity of social networks including YouTube, Instagram, Twitter, Snapchat, and Facebook, and how to advise clients on skillfully maximize the impact this emerging industry has on their business goals.
Learning Objectives:
- Learn about the legal issues a business should be aware of when utilizing social media influencers.
- Understand the FTC regulations that are involved in monitoring the industry.
- What role does the National Advertising Division (NAD) of the BBB National Programs play in policing the industry.
- How to properly handle the use of Consumer Reviews for a business or corporation.
- Learn about Dark Patterns, and how consumers can be tricked or manipulated.
Program Date – Thursday, May 29, 2025, 1:00-2:00 PM EDT
Panelists:
Zheng Wang, Attorney, National Advertising Division of BBB National Programs, New York, NY
Michelle Q. Pham, Shareholder, Buchalter, Seattle, WA
Gonzalo E. Mon, Partner, Kelley Drye, Washington, DC
Moderator:
Micah Buchdahl, Attorney, HTMLawyers, Inc., Moorestown, NJ
* — If you missed the live presentation on May 29th, look for it on-demand in the ABA CLE Learning Center. All ABA members may attend this program free of charge, sponsored by the ABA Law Practice Division.