Pranks From TikTokers Require Companies to Get a Legal Game Plan

Social media stars can, and often do, orchestrate elaborate pranks in real-life business and public spaces in search of online views. These influencers wield immense power to shape public perception, drive trends, and disrupt businesses overnight.

TikTok star Pickle Pete plays his bagpipes throughout New England shops and restaurants, filming employees and customers’ stunned reactions and crowning some lucky businesses with a “pipe zone” designation. Internet celebrity Coby Persin films unsuspecting passersby reacting to his detailed pranks and situational humor.

Some stars even stage elaborate impersonations of real-life employees and businesses, as one popular YouTube star is alleged to have done in a recent California lawsuit filed by In-N-Out Burger.

While they might be popular online, social media stars’ antics can cause substantial headaches for businesses. If an employee reacts poorly to instigation by one of these celebrities, the influencer in question and their followers might strike back at your business, launch a boycott, or begin targeting you online. Customers might disapprove of company or employee handling of influencer invasions, leading to loss in revenue and alienation.

This poses the question: What can—or more important, what should—employers do when they’re confronted with these unusual scenarios?

An ounce of prevention often is worth a pound of cure. How would the team react to a social media star impersonating a team member? Or a bagpiping pickle? How do you want them to react?

Think about your business, physical locations, staff, and customer profile. What do your customers expect when visiting your business? What is typical for your area? Do you have your own designated social media experts?

It’s a good idea to train your staff to handle sudden surges in attention, whether it’s an influx of customers, increased media inquiries, or a spike in online reviews. Consider preparing your website, customer service channels, and supply chain to handle increased demand and avoid missed opportunities or negative experiences.

Develop a social media policy that sets clear guidelines on how your staff can and should represent the company online, emphasizing professionalism and positive engagement. Your policy should also provide guidelines on personal accounts, emphasizing that employees are representatives of the company and should express views professionally.

Consider also asking employees with a particularly large following or penchant for discussing the business or workplace online to include disclaimers on their profiles stating any opinions are their own and not the company’s.

If privacy and confidentiality are prime concerns, business owners might consider:

• Placing “No Solicitation/No Trespassing” signs at entrances
• Prohibiting filming and/or photography on-premises and placing warnings to that effect online and onsite
• Restricting parking usage for customers/patrons only
• Adding or enhancing security systems, including cameras
• Limiting entrance and exit points
• Coaching employees to immediately request that any disruptive, rowdy, or loud customers leave, especially those with cameras or selfie sticks in tow

By contrast, if your business might be susceptible to impersonations, consider:

• Announcing new hires to your full-time staff and introducing them to existing employees as soon as possible
• Clearly communicating holidays, closures, and hours to employees.
• Educating staff, including new hires, on your standard jargon, procedures, and uniforms or dress code
• Implementing an “open door” or “questions welcomed” ethos to empower your employees to ask questions or hit pause when they feel something is off
• Examining and enhancing security measures to mitigate risk, both physical (locks, access to keys/badges, security alarms, camera monitoring) and electronic (passwords for key systems, dual authentication measures, tailoring user/access rights to employees’ level within the business)

Despite your best-laid plans, many businesses will at some point find themselves confronted with a disruptive social media invasion of some degree. Any response must be tailored to the circumstances at hand. Some things to consider are:

• Visibility of the incident: Have videos or photos been posted? Can you contact the relevant social media platforms to have those taken down?
• Need to set precedent or discourage future incidents: Is this a local star or a one-off incident? Is there any potential for a copycat visitor or continuing disruptions?
• Do you need to set the record straight? Depending on what was posted, you may wish to respond and/or correct the narrative on behalf of the company. Any response should be authoritative, straightforward, and objective.
  Address the situation, counter misinformation, and don’t hide or obfuscate any of the facts. In-house counsel should be aware of and consider risks of defamation or libel in these situations.
• The extent to which law enforcement could assist: Trespassing is a violation of the law in many states, and taking photos or videos of individuals without their consent can be as well, under some circumstances.
• Any lessons learned or takeaways for your team: Did any of your staff respond inappropriately or emotionally? Did the team deviate from standard procedures in any way?
• Any need for an apology toward your customers: Would posting a public apology or offering affected customers some token of appreciation help to mend bridges?

Preparation and a written plan can be the key to successfully navigating the treacherous waters of social media pranks, doxxing, and disruption. As my colleagues often say, a failure to plan is a plan to fail.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Bill Grob is a shareholder and Sarah Keller is a litigation associate at Ogletree Deakins in Tampa.

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