Phildo PhucksUp.

He pimps flat earth, so you can't expect much, but...

Phildo PhucksUp.

One of the issues of the rise of the new media, including such as citizen journalists, and ‘influencers’, is the lack of supporting infrastructure, such as ‘legal departments’.

AI can help these podcasters.

This article is put here for those influencers, who, like phildo had not considered their shows, and actions, and words, and the subsequent legal problems that may arise relative to business law.

Below is a brief analysis by Chat.ai of Phildo’s Phuckup.

Phil Godlewski claimed, on a podcast on December 23, 2024, that he had over 31 million live viewers. This is a violation of law if you are going to sell 401K retirement plans, and their servicing, as they are covered by the Securities laws, especially relating to advertisements.

Phildo claims millions of viewers on every show, and as such is using deceptive language to promote himself, and this 401K conversion program to people. These lies as sops to his ego are unwise in this financial focused podcast.

Now, any, and all, disgruntled customers have a legal hook for suing Phildo that is prima facia going to gain traction. Further, they can also report him to Securities enforcement arms in the govt, both federal, and state, as they have this evidence that can present a case that Phildo is lying in order to defraud his customers.

Chat says:

The situation you described involves a podcast host potentially inflating viewer statistics while selling a financial product, specifically a 401(k) conversion program to gold. There are several legal and regulatory concerns that could be implicated here, primarily related to securities and advertising laws:

1. Securities Laws:

   • Misrepresentation and Fraud: Under U.S. federal securities laws, notably the Securities Act of 1933 and the Securities Exchange Act of 1934, it's illegal to make false or misleading statements in connection with the sale of securities. If the gold investment program qualifies as a security, the host’s actions might be scrutinized under these laws. This could include not only misrepresentations about the size of the audience but also potentially misleading claims about the benefits or safety of the investment product.

   • Investment Adviser Regulations: If the host is acting as an investment adviser, offering personalized advice about securities for compensation, he might need to register with the SEC or state regulators and would be subject to regulations governing conduct and disclosures to clients.

2. Advertising Laws:

   • Truth in Advertising: Under the Federal Trade Commission (FTC) guidelines, advertisements must be truthful, not misleading, and, when appropriate, backed by scientific evidence. Inflating viewer numbers to enhance credibility or influence could be considered deceptive practices.

   • Endorsement Guidelines: The FTC also has specific guidelines about endorsements and testimonials in advertising, requiring that they must be honest and not misleading. If the podcast includes testimonials or endorsements for the gold conversion program, these need to comply with FTC rules.

3. Consumer Protection Laws:

   • General Deceptive Trade Practices: State laws also protect against deceptive trade practices, which would include misrepresenting the popularity or success of a podcast to sell products.

In this scenario, if the host's exaggeration of viewer numbers is part of a strategy to make the investment opportunity appear more credible or attractive, it could potentially lead to investigations or actions by regulatory bodies like the SEC, FTC, or state authorities. These entities might investigate whether these actions were part of an effort to mislead or defraud consumers. Furthermore, any misrepresentations directly related to the nature of the investment could carry significant legal risks, including fines or other penalties.