Social Media vs the Lawyers: The Case of Chris Cardell

There’s an interesting little storm brewing over here in the UK.

There’s a fairly well known business guru here called Chris Cardell. He does seminars for small business owners and has online membership clubs etc.. I can’t comment on the quality of his work as I’ve never bought any of his stuff – however you can get a general idea of feedback by googling his name.

Earlier this year Cardell ran a direct mail campaign where the piece being mailed was made to look like a newspaper clipping with an article singing his praises with a post-it note attached in handwritten script saying “Ian, I saw this and thought of you. This guy is brilliant. Have a look at his website” and is signed “J”. The Advertising Standards Authority in the UK ruled the ad to be misleading and the claims in it unsubstantiated and told him not to repeat it. You can read the ruling here.

He also came in for criticism that the “free gifts” he advertisised in the piece came with an expensive monthly subscription plan attached that many people found it difficult to unsubscribe from.

Recently he ran the piece again in slightly modified form (I got one myself and it fooled me for a minute or so).

I guess what he hadn’t counted on was the uproar this approach would create in the social media world. Dozens and dozens of bloggers wrote posts on it. Some credited it with being clever – but most decried it as being deceptive and unethical.

The end impact was that if you google his name you get an awful lot of negative vibes. So much so that the first additional word suggested by google when you type in “Chris Cardell” is the word “scam”. That can’t be good for business.

Update: He’s tried to counter (or maybe even take advantage of) the scam association by running an adwords campaign targeting “Chris Cardell Scam”. he appears at the top of the paid listings, and directs people to a page where he calls traditional advertising a scam. So maybe he’s hoping people will think that “Chris Cardell Scam” really means his views on advertising being a scam – rather than the original meaning of people thinking his direct mail was a scam.

So what’s Cardell’s answer been? Has it been to go back and review his campaign and whether he should be running it? Has he realised that in todays social media dominated world you just can’t get away with some of the things you used to get away with?

No.

He’s hired a bunch of lawyers to send threatening Cease and Desist letters to bloggers to get them to take down their blog posts.

I’m not sure if they’ve sent similar letters to google to get them to remove the blog posts from their cache, or the Internet Archive to wipe them from the Wayback Machine!

Will his bully-boy tactics work?

Personally I think not. It’s one of the great things to have come out of social media that you just can’t get away with things or bury them under the carpet any more.

In even the recent past you could succeed with brilliant marketing and a mediocre product because it was relatively difficult for buyers (especially via mail order) to get any real feedback on what your product was really like. Nowadays you can. The truth is out there, and thanks to google it’s a doddle to find it on blogs or via social media channels.

Now it may well be that I end up getting a Cease and Desist notice for this innoccuous blog post. But rather like the little Ants in Pixar’s Bugs Life standing up to the big mean old grasshoppers – every time one of us gets knocked down, another will stand up to take their place, then another, then another. I believe that even big bad grasshoppery gurus and law firms can’t take on so many of us blogger ants forever.

In fact, a number of posts just like mine have started appearing reporting on his attempts to legally gag bloggers. Here’s one from popular IT commentary blog The Register.

I’ll keep you updated if I get the big bad old letter…

What’s your view? Is Cardell doing the right thing? Will it work – can he silence criticism from so many bloggers? Will it backfire? Drop you comments in the box below – I’d love to hear them.

Guest Post: Has social media finally arrived in BtoB marketing?

Today’s post is from Peter Motley – MD of Marketing Crew – looking at current trends in social marketing for BtoB.

Social Media SitesWill 2008 be remembered as the real start of business to business (BtoB) social marketing in a way that is much more than just debating whether to start a blog? Can we finally see a change in the way marketeers communicate!

The answer on social marketing for BtoB seems to revolve around the real purpose of the activity itself; whether it’s business people networking to gain personal benefit or to market their product/company brand! A new report by think-tank Demos has concluded that staff should be encouraged to use social networking as part of their business activities as it can boost staff loyalty and morale.

It would reasonable to predict that social networking sites like Viadeo, Linkedin, Plaxo, Ning and Ryze will see their membership ranks soar in the next few quarters as widespread insecurity drives people to connect with others to boost their social capital.

Can the same be said of product and service placements in blogs, podcasts, business groups in networking sites, etc? In recent months we have seen a rise in online BtoB business networking sites being offered, especially to small businesses.

Any long run success of business social networks will come down to basics, which are their ability to become a new channel to market, or to take the cost out of the marketing equation. If these are achieved we will see the seed corn that is driving current developments turn into some very big opportunities.

Large players like BT are heavily promoting BT Tradespace, in a bid to gain a foothold in the online business networking space, somewhere between directory sites like Yell.com and networking sites for boutique consultancies, dominated by online entrepreneurs like Thomas Power with ecademy. Plus there are emerging regional offerings like “Lets Do Business” in the South East and “Your Business Club” in the North West.

Add to the mix the popularity of social networking sites being used for business, such as Facebook, and Bebo, plus the explosion in business blogging sites and business videos loaded on You Tube, you have countless outlets to post entries which promote your offerings. One example that has become legend is Blendtec’s Will it blend on You Tube that has catapulted their high quality blenders from obscurity to leading brand awareness in the US.

In Mintel’s recent study of 2,000 Britons, which is based on extensive research into both social networking and viral marketing, they claim, “the emergence of online social networking is transforming the way we communicate and how we spend our leisure time, on- and offline”. The watchers are now looking to see if this success can be replicated in the business world.

Despite the fact that the report focuses on viral content and talks quite extensively about email marketing, I think we are seeing the convergence of a number of ways of sharing content via social and pseudo social networks. Be it some key marketing message, product placements, professional networking, industry watching, negative product or company reaction, all are now in the “marketing mix”.

We have seen examples of “good old” word of mouth marketing on social business media sites like twitter with London Theatre, and SEOmoz having a dramatic effect. However, the outcomes of which, if not handled professionally, could cause such rapid impact that it makes Gerald Ratners famous comments look snail paced!

The future of social marketing in this social media era is not about the next emerging happening, as I feel it did arrive in 2008, but now about understanding how it’s reinventing the way that we all need to communicate?

Peter Motley is passionate about marketing and about delivering value for money for his clients. Peter sees real business to business marketing as turning the business plan into an achievable marketing strategy and ensuring its delivery. You can contact Peter at Marketing Crew