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On March 25, 2024, Governor Ron DeSantis signed Florida’s HB 3. The law requires that social media platforms prohibit users under 14 years old from creating accounts and requires these platforms to obtain parental consent for account registrants who are 14 or 15 years old. The law also imposes age verification requirements for online services that knowingly distribute a significant amount of “harmful” content.Continue Reading State Social Media Law Patchwork Emerging: Florida Passes Law to Restrict Minors’ Use of Online Services

On March 13, 2024, Governor Spencer Cox signed Utah’s Social Media Amendments, SB 194 and HB 464. Utah was the first state last year to pass laws strictly limiting minors’ use of social media. These laws were challenged in two lawsuits: one brought by social media users and another brought by NetChoice, a trade association representing internet companies.Continue Reading Utah Passes New Versions of Social Media Laws for Minors in Response to Challenges

On June 13, 2023, Texas Governor Greg Abbott signed the Securing Children Online through Parental Empowerment Act (HB 18) (SCOPE Act). With this signing, Texas joins Utah and Arkansas in regulating social media and its impact on minors and their mental health.

The SCOPE Act requires covered “digital service providers” to provide minors with certain data protections, prevent minors from accessing harmful content, and give parents tools to manage their child’s use of the service. The Act also has age verification requirements for digital service providers that knowingly distribute a significant amount of “harmful” or “obscene” content.Continue Reading Texas Joins Other States in Enacting Social Media Law for Minors

The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements.1 According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two influencers who have wide followings in the online gaming community, promoted an online gambling service called CSGO Lotto on YouTube and Twitter without disclosing that they jointly owned the company.2 The complaint also charges that they paid other gaming influencers thousands of dollars to promote the service on social media platforms, while prohibiting them from saying anything that might impair its reputation.3
Continue Reading FTC Steps Up Scrutiny of Social Media Marketing

Mobile and social media marketing are on the rise.1 With that in mind, the Federal Trade Commission issued new guidance for advertisers on how to make effective mobile and other online disclosures. Entitled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,”2 the guidance provides an update to the FTC’s 2000 publication on the same topic. The revised guidance is intended to address the expanding use of smart phones and social media marketing, where small screens and character limitations pose challenges for companies making advertising claims.3 Although the guidance itself is not law, the FTC cautions that these disclosures are required by the laws it enforces.
Continue Reading FTC Issues New Guidance for Disclosures in Online Advertising