Brands may have a new reason to be cautious on Twitter: Promises made on social media could be legally binding, according to two legal experts quoted in Corporate Counsel (log-in required).
If that’s the case, Kanye West may be held liable for his mid-February tweet suggesting that his new album “Life Of Pablo” would only be available on Tidal and urging fans to sign up for the struggling music service. That’s the premise of a recent lawsuit filed by a fan against West, Tidal and Jay-Z, which claims the tweet was misleading.
This is new legal territory in the age of social media, but lawyers Frank LoMonte and Darin Klemchuk suggested to the publication that the lawsuit’s plaintiff may be onto something:
Both Klemchuk and LoMonte agree that this case would look a lot better for West if he’d tweeted something like “get my album on Tidal” or even “my album is only available on Tidal.” Those two, you could argue, aren’t misleading. The main problem is the word never. He could’ve left out such an absolute word, and perhaps would’ve avoided this lawsuit, but “that wouldn’t be Kanye,” Klemchuk says.