1. Home
  2. mason versluis

mason versluis

FTX lawsuits see crypto firms, influencers dial back endorsement deals

Some crypto influencers have been giving lucrative endorsement offers a hard pass after seeing what could happen if things end badly for the firm.

Crypto influencers are taking an extra cautious approach to endorsement deals since the collapse of crypto exchange FTX last year, which has seen several celebrities hit with a lawsuit for their alleged role in its promotion. 

In March, a $1 billion class-action lawsuit was filed alleging that eight influencers promoted “FTX crypto fraud without disclosing compensation.”

Influencers told Cointelegraph that it has served as a wake-up call — those that endorse crypto firms need to understand their followers can take legal action against them in the future should that company turn unfavorable.

For crypto vlogger Tiffany Fong, who gained fame by interviewing former FTX CEO Sam Bankman-Fried after the collapse, endorsing crypto firms on her social media isn’t of interest to her at the moment.

Tiffany Fong pictured with crypto commentator Benjamin Cowen. Source: Twitter

“Since so many once reputable companies have collapsed, I don’t want to promote anything that could potentially rug customers,” Fong told Cointelegraph.

Fong admitted she has received a lot of offers but hasn’t “responded to most of them,” as she believes the risks outweigh the reward.

“I don’t know how much money I’ve turned down; I’m just not entertaining it at the moment.”

DeFi Dad, who has 152,300 followers on Twitter, said that he had been proposed an opportunity to have his content sponsored by FTX.

“I have no idea how much money I probably turned down by opting to not work with FTX but it was the best decision in retrospect,” he said.

Marketing agencies that bring together influencers and brand deals have noticed fears from both sides of the business.

Nikita Sachdev, CEO and founder of Luna PR, explained to Cointelegraph that it’s not only influencers who are becoming more cautious about endorsement deals, but also crypto firms themselves, noting:

“The increased scrutiny and legal concerns have made both influencers and crypto firms more careful in their collaborations.”

Sachdev pointed out that the extended crypto winter has forced crypto firms to tighten budgets and that there “has been an overall decline in influencer deals.”

Rasmus Rasmussen, chief marketing officer of Polygon NFT game Planet IX, told Cointelegraph that securing A-lister influencers to promote crypto has become increasingly challenging after the collapse of FTX, noting: 

“A lot of more well-established influencers seem to have taken a step back and considered the way they offer services.”

However, the fees being charged when these deals are executed is staggering.

“We have seen crypto influencers charge as high as 6 figures for sponsorship deals, which is often a reflection of their following and reach. We have also come across celebrities endorsing web3 projects, who charge in the millions,” Sachdev added.

Related: Former SEC chief warns influencers about prosecution for crypto price manipulation

Meanwhile, Mason Versluis, who posts as Crypto Mason to over a million followers on TikTok, has seen an increase in crypto brand deals “for the wrong reasons.”

Versluis explained to Cointelegraph that the FTX saga, surprisingly, expanded the crypto space, leading to new crypto businesses emerging and actively seeking influencers for brand deals.

“A lot of people were reminded about crypto and building crypto businesses when SBF made headlines globally.”

Crypto vlogger MegBzk suggests influencers need to conduct their own research before endorsing a firm.

“You need to know inside and out who you are working with, to the best of your ability [and] have multiple people look at them,” she said.

Magazine: ‘Moral responsibility’: Can blockchain really improve trust in AI?

Indian Official Expresses Doubts About Crypto: ‘I Am Very Skeptical’

Saying ‘not financial advice’ won’t keep you out of jail: Crypto lawyers

Australian and U.S. digital asset lawyers told Cointelegraph that by and large, the words on their own as "pretty useless."

Crypto influencers may need to practice what they preach and “do their own research” when it comes to sharing their crypto tips.

According to several digital asset lawyers, the popular disclaimer “this is not financial advice” — may not actually protect them in the eyes of the law.

United-States-based securities lawyer Matthew Nielsen from Bracewell LLP told Cointelegraph that while its “best practice” for influencers to disclose that “this is not financial advice,” simply saying the term will not protect them from the law as the “federal and state securities laws heavily regulate who can offer investment advice.”

Australian financial regulatory lawyer Liam Hennessy, a partner at Gadens, explained that “advice warnings” are “by and large pretty useless,” while Australian digital lawyer Michael Bacina of Piper Alderman added that they aren’t “magic words which when uttered will disclaim liability.”

Crypto influencers and celebrity ambassadors have been increasingly finding themselves under the scrutiny of regulations, particularly in the United States.

Nielsen cited the recent Kim Kardashian case as an example, where Kardashian was charged by the SEC for failing to disclose how much she received to promote EthereumMax to her followers.

Influencers feeling the pressure

Crypto influencer Mason Versluis, aka Crypto Mason, who has over a million followers on Tik Tok, told Cointelegraph that he can’t stress enough to his followers that his content should not “be taken as financial advice.”

Versluis however said that despite using the disclaimer “this is not financial advice,” it’s important for influencers to be mindful that some people do “make financial moves according to what certain influencers say.”

He also stressed how difficult it can be to determine whether a project will end up in a “rug pull” situation as influencers “simply deal with the marketing team,” and generally have no contact “with any of the developers or owners.”

Australian crypto influencer Ivan Vantagiato, aka Crypto Serpent who has amassed 68,000 followers on Tik Tok says that influencers should do their due diligence researching a crypto project before running a promotion.

Related: Aussie crypto 'finfluencers' face tough new legal restrictions

Hennessy believes the best way for crypto influencers to protect themselves is to be able to determine “what token is a security and what token is not a security.”

He further explained that it’s critical to understand that a “derivative is a product that derives its value from something else,” and you can be “criminally liable” for promoting derivatives.

Meanwhile, Bacina noted that an influencer residing in Australia is required to have a license to give out financial advice, and that “no disclaimer is going to give protection.”

Indian Official Expresses Doubts About Crypto: ‘I Am Very Skeptical’