April 28, 2023

On top of the fact that Elon Musk’s “blue check” pay-for-phony-verification scam is a colossal financial flop, his handing out free blue checks to celebrities who didn’t ask for them could land Twitter in court, Wired reports.

Here’s why:

When Musk finally got around to removing legacy blue checks from people who earned them the old-fashioned way, by proving they were who they said they were, and doled them out to those willing to pay by the month for the privilege, Musk decided that some people, like Stephen King and LeBron James, could keep theirs without paying.

But if you click on their blue checks, you get a message saying, “This account is verified because they are subscribed to Twitter Blue and verified their phone number.” In fact, neither King nor James did either. Saying that they had is against the law.

“Among the laws Twitter could be in breach of,” Wired reports, “are federal laws prohibiting false advertising or endorsement and state laws against unfair competition claims, as well as suits over defamation and misappropriation of right of publicity.” In other words, it can create an impression that those celebrities have endorsed Twitter’s subscription plan, when they haven’t.

And that’s not all. “The Federal Trade Commission Act outlaws deceptive acts or practices affecting commerce—claiming countless celebrities and well-known individuals have paid for a subscription to Twitter Blue when they haven’t seems a pretty good example of this,” Wired notes. Twitter could face similar problems in the U.K.

Wired goes on to quote an intellectual property and law expert who said that celebrities could make a case that their reputations have been damaged by Twitter stating they have endorsed its divisive subscription plan. “Any celebrities wanting to troll Musk back should be seriously thinking about calling their lawyers,” Professor Andres Guadamuz told Wired. “This could be a very strong case.”

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