Notifications & Messages

Jared Hamilton
From: Jared Hamilton
Hey - It’s time to join the thousands of other dealer professionals on DrivingSales. Create an account so you can get full access to the articles, discussions and people that are shaping the future of the automotive industry.
×
Jim Radogna

Jim Radogna President

Exclusive Blog Posts

2017 Presidents Club Insights - Patrick McMullen

2017 Presidents Club Insights - Patrick McMullen

Listen to what Patrick McMullen from MAXDigital has to say about the future of automotive, what dealers can do today to prepare, and how DrivingSales Presi…

Five Tips for Selling Used or Certified Pre-Owned Vehicles

Five Tips for Selling Used or Certified Pre-Owned Vehicles

Selling used or certified pre-owned vehicles can be daunting task. With prices, laws, and competition varying across the country selling a pre-owned car fo…

What Motivates Your Employees to Perform?

What Motivates Your Employees to Perform?

Sorting through resumes, you find applicants who show potential. There are some with experience to walk on the job and set your service department abla…

How to Recruit the Best Talent for Your Dealership

How to Recruit the Best Talent for Your Dealership

Employee turnover can cost a dealership approximately $400,000 per year through lost sales, service offerings, new hire search, and training expenses even …

2017 Presidents Club Insights - Mark Brown

2017 Presidents Club Insights - Mark Brown

Hear from Mark Brown, sales director at Grappone Auto, about what he thinks is coming for the auto industry, how dealers can prepare, and how the DrivingSa…

Does Your Social Media Policy REALLY Protect Your Dealership? (You DO Have One, Right?)

Chances are, since you’re reading this post, your dealership or company is involved in social media. That’s good - it’s hard to imagine how difficult it will be moving forward for organizations that have not embraced social networking. Although Social Media is relatively new (and certainly exciting), its meteoric growth has unfortunately caught the early attention of the legal powers-that-be.

Despite the widespread use and misuse of social networking at work, 45 percent of all businesses still do not have a social media policy. Many of the policies that companies are using do not adequately address potential legal issues. Regulators have been bringing complaints against companies arising from their social media activity, thus, highlighting the need for companies to demonstrate that they are exercising due diligence to promote legal and ethical conduct in the context of social media activity.

Not surprisingly, plaintiff’s attorneys have also jumped on the bandwagon. Companies are being sued regularly by employees and others based on social media use. Beyond legal risks, employees can harm a company’s reputation by disseminating controversial or inappropriate comments regarding the employer or its business activities.

There are a number of legal considerations that every company should be aware of when establishing their social media policies and procedures, such as social media use in employment decisions; posting of online reviews, testimonials and endorsements; ‘fake’ and paid-for reviews; advertising on social media; potential overtime claims; harassment, discrimination and defamation claims; copyright and privacy issues.

It's more important than ever to craft a policy that's both practical and legally defensible. You can protect yourself by insisting that participants in your social media programs comply with the law and training them how to do it. The Federal Trade Commission specifically says these steps may limit potential liability and will be considered in any prosecution. According to FTC guidelines, “The Commission agrees that the establishment of appropriate procedures would warrant consideration in its decision as to whether law enforcement action would be an appropriate use of agency resources. The Commission is not aware of any instance in which an enforcement action was brought against a company for the actions of a single ‘rogue’ employee who violated established company policy that adequately covered the conduct in question.”

So, if you have a social media policy in place, it may be time to dust it off and re-evaluate it. If you don’t have a policy, it’s time to get started.

 Unlock all of the community & features  Join Now