Social media advice for franchisees and franchisors
State and federal laws
A number of state and federal laws are comprehensive enough to touch on social media marketing campaigns. Deceitful advertising and defamation laws are some of the more apparent ones. However, franchisors and franchisees equally also ought to think about aspects like the following:
- The use of other company's copyrighted materials and trademarks in social media posts without permission may trigger infringement claims.
- The use of social media to select staffs and prospects, under particular circumstances, may prompt privacy violations.
- Applying internal social media procedures to limit staff's use of these social media platforms, when done wrongly, can bring about legal liabilities.
Franchise contract Terms
Last but not least, franchisees ought to also put up with the language of their franchise contracts when creating a social media advertising campaign. Many older franchise contracts either restrict social media use by franchisees or overlook mentioning the issue completely. In instances where social media use is allowed, use will usually be controlled by tangential franchise contract clauses. When these matters are left open to interpretation by the franchise contract, the best practice is to talk about it with the franchisor before setting up a social media advertising campaign.
For more information about this process, contact a franchise lawyer.