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[00:00:00.480 --> 00:00:07.360] Look, payday is awesome, but running payroll, calculating taxes and deductions, staying compliant, that's not easy.
[00:00:07.360 --> 00:00:09.360] Unless, of course, you have Gusto.
[00:00:09.360 --> 00:00:14.400] Gusto is a simple online payroll and benefits tool built for small businesses like yours.
[00:00:14.400 --> 00:00:18.400] Gusto gets your team paid while automatically filing your payroll taxes.
[00:00:18.400 --> 00:00:25.600] Plus, you can offer benefits like 401k, health insurance, and workers' comp, and it makes onboarding new employees a breeze.
[00:00:25.600 --> 00:00:28.320] We love it so much, we really do use it ourselves.
[00:00:28.320 --> 00:00:34.800] And we have four years, and I personally recommend you give it a try, no matter how small your business is.
[00:00:34.800 --> 00:00:38.960] And to sweeten the deal, just for listening today, you also get three months free.
[00:00:38.960 --> 00:00:41.360] Go to gusto.com slash beingboss.
[00:00:41.360 --> 00:00:45.200] That's gusto.com/slash beingboss.
[00:00:46.480 --> 00:00:54.000] Welcome to Being Boss, a podcast for creatives, business owners, and entrepreneurs who want to take control of their work and live life on their own terms.
[00:00:54.000 --> 00:01:06.080] I'm your host, Emily Thompson, and in this episode, I'm joined by online business lawyer Autumn Whitboy to check in on what you need to be updated on as a business owner in 2023.
[00:01:06.080 --> 00:01:11.920] You can find all the tools, books, and links we reference on the show notes at www.beingboss.club.
[00:01:11.920 --> 00:01:17.120] And if you like this episode, be sure to subscribe to this show and share us with a friend.
[00:01:18.960 --> 00:01:29.040] Whether you want to grow your business with content marketing, social media, or speaking on stages, or in highly produced Zoom rooms, I've got a podcast recommendation for you.
[00:01:29.040 --> 00:01:39.680] Cue up an episode of The Shine Online, hosted by Natasha Samuel, brought to you by the HubSpot Podcast Network, the audio destination for business professionals.
[00:01:39.680 --> 00:02:04.040] On her show, Natasha interviews the brightest entrepreneurs she knows to bring you no-fluff advice, honest discussions about the mental health and lifestyle aspect of entrepreneurship, and actionable strategies and success stories of those who've mastered the art of shining online in this conversational podcast with some hard-hitting episodes on marketing your business filling the latest of her lineup.
[00:02:04.280 --> 00:02:09.720] Give it a search and listen to The Shine Online wherever you get your podcasts.
[00:02:12.280 --> 00:02:19.160] Autumn Wittboyd is a lawyer who helps million-dollar coaches and online business owners build sustainable, profitable companies.
[00:02:19.160 --> 00:02:26.440] She provides sophisticated legal guidance with copyright and trademark protection, contracts, team building, and problem solving.
[00:02:26.440 --> 00:02:40.600] Along with her team at the AWB firm, she loves helping online educators, courses, memberships, and digital products grow their dream business with approachable advice and the right legal protections at the right time.
[00:02:40.600 --> 00:02:51.000] The AWB firm also offers customizable contract templates that are quick and easy to complete and cost a fraction of working one-on-one with a lawyer.
[00:02:51.000 --> 00:02:59.560] You can find Autumn in Chattanooga, Tennessee, hanging out with her three kids and husband, reading a good book, or sipping a glass of champagne before bedtime.
[00:02:59.560 --> 00:03:11.400] Autumn has been a regular hero on the Being Boss show over the years, and if you'd like to hear more about her, you can go check out the following episodes, all of which are found in our show notes at beingboss.club.
[00:03:11.400 --> 00:03:20.760] She has been a guest on episode number 72, 236, 252, 285, and 317.
[00:03:21.720 --> 00:03:22.520] Hi, Autumn.
[00:03:22.520 --> 00:03:23.400] Welcome back.
[00:03:23.400 --> 00:03:24.600] Hi, Emily.
[00:03:24.600 --> 00:03:26.040] It's good to see your face.
[00:03:26.040 --> 00:03:28.040] It's so good to see your face.
[00:03:28.360 --> 00:03:32.280] I feel like we have to give like a cocktail hour update.
[00:03:32.600 --> 00:03:34.680] We finally did it.
[00:03:36.360 --> 00:03:38.200] Now it takes an act of Congress.
[00:03:38.200 --> 00:03:38.600] It does.
[00:03:39.160 --> 00:03:40.280] We've got sick people.
[00:03:40.280 --> 00:03:42.600] We've got just stuff going on.
[00:03:42.920 --> 00:03:43.320] Always.
[00:03:43.640 --> 00:03:44.200] We did it.
[00:03:44.240 --> 00:03:45.120] We had the drinks.
[00:03:45.120 --> 00:03:46.320] It was lovely.
[00:03:46.320 --> 00:03:46.800] Yes.
[00:03:46.800 --> 00:03:47.120] Yeah.
[00:03:44.840 --> 00:03:47.440] Yeah.
[00:03:47.760 --> 00:03:52.560] So if this is the first time you've heard Autumn here on the show, Autumn is local to me.
[00:03:52.560 --> 00:03:54.560] She's actually just down the street from me today.
[00:03:54.560 --> 00:03:56.400] I thought we maybe could do this in person.
[00:03:56.400 --> 00:03:58.560] And I was like, that is too many things.
[00:03:58.880 --> 00:04:00.640] We have to move all of our stuff.
[00:04:00.640 --> 00:04:01.440] Too many things.
[00:04:01.600 --> 00:04:05.600] We're just going to record remotely, but very nearby.
[00:04:06.000 --> 00:04:09.360] And we like to have drinks together occasionally.
[00:04:09.680 --> 00:04:11.120] That's not the only thing we do together.
[00:04:11.360 --> 00:04:12.560] That's not the only thing.
[00:04:12.560 --> 00:04:14.400] But like, but isn't it?
[00:04:14.400 --> 00:04:15.680] Sometimes there's food.
[00:04:15.680 --> 00:04:16.720] Actually, there's always food.
[00:04:16.800 --> 00:04:18.160] There's always food.
[00:04:19.120 --> 00:04:21.360] But over the past couple of conversations.
[00:04:21.520 --> 00:04:21.680] Yes.
[00:04:21.920 --> 00:04:22.640] Indeed, indeed.
[00:04:22.640 --> 00:04:23.600] Over the past couple of years.
[00:04:23.600 --> 00:04:26.720] So it's been a little difficult because of obvious reasons.
[00:04:26.720 --> 00:04:35.520] And this year there was a couple, couple things that happened along the way, but we got together for our annual end of the year.
[00:04:35.520 --> 00:04:38.880] It's usually the last couple days of work we get together for cocktails.
[00:04:38.960 --> 00:04:40.960] We have a nice clink and it's like, cheers.
[00:04:41.120 --> 00:04:42.560] We did it again.
[00:04:42.800 --> 00:04:45.600] And it's become one of my favorite annual traditions.
[00:04:45.600 --> 00:04:48.080] And I just need everyone to know that it happened.
[00:04:48.080 --> 00:04:54.000] Well, and it was especially special this year because I had a big milestone in my business that I like just realized that day.
[00:04:54.000 --> 00:04:56.320] And it was so fun to celebrate with you in person.
[00:04:56.320 --> 00:04:56.480] Yeah.
[00:04:56.480 --> 00:04:57.520] And what was the conference?
[00:04:57.600 --> 00:04:58.560] Do you want to share?
[00:04:58.560 --> 00:04:59.120] I can.
[00:04:59.120 --> 00:04:59.520] Yeah.
[00:04:59.520 --> 00:05:04.400] We hit a million dollars in revenue last year at the AWP firm for 2022.
[00:05:04.400 --> 00:05:04.800] Right.
[00:05:04.800 --> 00:05:08.000] And I will cheers to that all day, every day.
[00:05:08.000 --> 00:05:09.360] I'm so excited for you.
[00:05:09.360 --> 00:05:16.560] And, you know, it's so funny you telling me those things because I do remember whenever we first met years ago, you were just getting started.
[00:05:16.560 --> 00:05:18.640] And here you are meeting that big milestone.
[00:05:18.640 --> 00:05:20.240] And I was a little baby boss.
[00:05:20.720 --> 00:05:22.240] You were a baby boss.
[00:05:22.240 --> 00:05:25.120] Now you are the most boss boss.
[00:05:25.440 --> 00:05:26.000] Well, good.
[00:05:26.000 --> 00:05:27.920] I'm very excited to chat with you today.
[00:05:27.920 --> 00:05:33.160] It has been a whole year since you were here recording a show for us.
[00:05:33.960 --> 00:05:39.800] I've enjoyed having you on the past couple of years to come on and do a sort of like legal recap, right?
[00:05:39.800 --> 00:05:42.040] Of like what's happening in the world of online business.
[00:05:42.040 --> 00:05:47.080] I feel like in traditional business, I mean, things change, but not super often.
[00:05:47.080 --> 00:05:54.360] But as we're in online space, things are in some cases getting defined for the first time.
[00:05:54.360 --> 00:06:01.400] So I love having you on at least once a year to get us all up to date as to what is happening.
[00:06:01.400 --> 00:06:04.600] But before we get on to that, I want to know what's been happening with you.
[00:06:04.600 --> 00:06:10.760] So you reached a big milestone, but what did 2022 look like for you and your firm?
[00:06:11.080 --> 00:06:13.160] Yeah, it was a great year.
[00:06:13.160 --> 00:06:14.600] We obviously.
[00:06:14.600 --> 00:06:15.240] Yeah.
[00:06:17.160 --> 00:06:22.200] We really kind of focused on loving on our current clients last year.
[00:06:22.200 --> 00:06:24.760] So we did not onboard as many new clients.
[00:06:25.320 --> 00:06:34.840] We had some changes in personnel, which, you know, can be challenging and can take time to, you know, offboard, find the new right fit, you know, bring them into our culture.
[00:06:35.080 --> 00:06:44.360] So we kind of took the time we might have spent on marketing and really kind of, like I said, loved on our current clients and, you know, really focused on building the team and making that really strong.
[00:06:44.360 --> 00:06:53.800] So we ended the year, I think, more, I don't know, intertwined or more of, I think we've become a really integral part of a lot of our clients' businesses.
[00:06:53.800 --> 00:06:56.040] And that is just an absolute joy for us.
[00:06:56.040 --> 00:06:58.760] We really love supporting them that way and having them.
[00:06:58.760 --> 00:07:11.880] I don't love them calling us when things are going bad, but it is, you know, we love celebrating with them, like when they hit big milestones or they're bringing on new team members, launching something new, and then, you know, being there to kind of hold their hand when things are not going so well.
[00:07:11.880 --> 00:07:14.760] So, that was pretty much our big theme of last year.
[00:07:15.040 --> 00:07:22.560] Um, we did not really, we, we, we, we were literally almost at that revenue mark the year before, so we really didn't grow a lot.
[00:07:22.560 --> 00:07:24.800] Um, but we had grown a lot the prior two years.
[00:07:24.800 --> 00:07:26.720] So, the last year was kind of a stabilizing year.
[00:07:26.720 --> 00:07:34.240] Like, we had to rebuild some of our systems to just accommodate the number of projects that our current clients are sending us, which is which is great.
[00:07:34.240 --> 00:07:39.920] Yeah, and I don't do that work, that is not my gift, but we have an amazing team member who does.
[00:07:39.920 --> 00:07:42.480] So, shout out to Brooke, our systems person.
[00:07:42.480 --> 00:07:44.320] Yeah, yeah, amazing.
[00:07:44.320 --> 00:07:52.720] It's it's so fun hearing from business owners who are in those phases and then looking at the year ahead.
[00:07:52.720 --> 00:08:00.800] Because I feel like over the past couple of years, we've all had a year or two over the past couple where it's like this, where like things need to be stabilized.
[00:08:00.800 --> 00:08:10.560] Like, you've grown a whole lot, and then you've hired some and you've had to go in and fix some things in the business to make things run more smoothly, whatever it may be.
[00:08:10.560 --> 00:08:22.560] And then there's a year where ideally you get to enjoy that and capitalize on it in a way that, like, you know, you've done all the hard work and you've created the structure.
[00:08:22.560 --> 00:08:24.080] Now, what can the business do?
[00:08:24.080 --> 00:08:26.320] And I feel like this gets to be that year for you.
[00:08:26.320 --> 00:08:26.960] I think so.
[00:08:26.960 --> 00:08:27.200] Yeah.
[00:08:27.200 --> 00:08:31.360] I don't want to say we're going to coast because I think we're going to kind of take off like a rocket a little bit.
[00:08:31.360 --> 00:08:32.080] Soar.
[00:08:32.080 --> 00:08:32.400] Yeah.
[00:08:32.880 --> 00:08:34.960] So, yeah, that's great.
[00:08:34.960 --> 00:08:38.480] Similar vibe, but like, but different, but different.
[00:08:38.480 --> 00:08:39.200] Okay, good.
[00:08:39.200 --> 00:08:40.320] That's very exciting.
[00:08:40.320 --> 00:08:52.160] I'm very, very glad to hear that you're moving into 2023 with such opportunity on the horizon and with such a great like business structure beneath you to help you do the thing.
[00:08:53.600 --> 00:09:00.120] Now let's talk about all the dirty work or not.
[00:09:00.120 --> 00:09:01.080] That is unfair.
[00:08:59.600 --> 00:09:02.840] I should not call it the dirty work.
[00:08:59.840 --> 00:09:05.640] This is, these are the things that it's funny.
[00:09:05.800 --> 00:09:08.760] It keeps us up all night thinking about all these things.
[00:09:08.920 --> 00:09:10.760] This is literally your day-to-day job, right?
[00:09:10.760 --> 00:09:11.880] All of these like legal things.
[00:09:11.960 --> 00:09:13.000] We see all the bad stuff.
[00:09:13.320 --> 00:09:18.440] All the things that are getting defined and thrown at us at any moment, whatever it may be.
[00:09:18.440 --> 00:09:23.000] So let's, I want to sort of go at this in two different ways.
[00:09:23.000 --> 00:09:26.600] One, I think obviously there's the opportunity to talk about like what's new?
[00:09:26.600 --> 00:09:28.360] What do we need to look out for this year?
[00:09:28.360 --> 00:09:29.560] All those sorts of things.
[00:09:29.560 --> 00:09:34.920] But I also want to think of this for bosses who may be listening.
[00:09:34.920 --> 00:09:40.280] You know, we've been doing sort of this, having you on the show in this way for a couple of years.
[00:09:40.280 --> 00:09:47.640] And I love that it creates an opportunity for everyone to think about what's happening legally in their business every year.
[00:09:47.640 --> 00:09:53.240] So even if you listening aren't doing this on your own, just by listening, you're kind of doing it.
[00:09:54.520 --> 00:10:06.360] So I'd like to know from you, from that standpoint, when it comes to doing an annual check-in in your business around legal things, what can or should that look like?
[00:10:06.680 --> 00:10:07.160] Yeah.
[00:10:07.160 --> 00:10:12.920] At a bare minimum, the number one thing, you'll hear me say this again, like contracts, contracts, contracts.
[00:10:13.560 --> 00:10:18.520] That is, in my opinion, and I'll give my standard disclaimer since we're jumping into the legal stuff.
[00:10:18.520 --> 00:10:19.240] I am a lawyer.
[00:10:19.240 --> 00:10:22.760] I'm not anyone's lawyer who's listening except Emily, probably.
[00:10:23.480 --> 00:10:25.480] So please, you know, this is not legal advice.
[00:10:25.480 --> 00:10:27.640] This is just information to get your wheels turning.
[00:10:27.880 --> 00:10:31.080] But so in my, you know, I'm only one lawyer, but this is my opinion.
[00:10:31.080 --> 00:10:35.160] I think contracts are the fundamental legal protection for every business.
[00:10:35.400 --> 00:10:41.560] When we see problems, it is almost always like the first question we ask is, let me see the contract.
[00:10:41.800 --> 00:10:44.800] That is always our starting point when we're trying to look at these things.
[00:10:44.440 --> 00:10:51.360] So I highly recommend at least once a year, you are reviewing whatever your biggest money maker is.
[00:10:51.680 --> 00:10:54.000] So that's going to vary depending on your business.
[00:10:54.240 --> 00:10:56.880] If you're consulting one-on-one, that may be your client contract.
[00:10:56.880 --> 00:11:02.640] If you're selling online courses or info products, that may be your terms of use or terms and conditions.
[00:11:03.040 --> 00:11:16.800] But pull that out, dust it off, and take a look because we change so quickly, especially in the online business world, that we're constantly tweaking or trying to improve things, or we get feedback, or there's a problem.
[00:11:17.360 --> 00:11:22.800] But often we don't think to update our contracts to reflect the new or different way that we're doing things.
[00:11:22.800 --> 00:11:25.040] So pull it out, give it a quick read.
[00:11:25.040 --> 00:11:26.640] You know, there may just be some little edits.
[00:11:26.640 --> 00:11:28.160] You don't have to work with a lawyer on this.
[00:11:28.160 --> 00:11:32.000] Like, it may just be you need to adjust some things and you can do that on your own.
[00:11:32.480 --> 00:11:40.320] Or I will say, if you have had significant client, you know, significant issues, I always ask when I'm talking with a new client, like, where is their friction?
[00:11:40.320 --> 00:11:44.320] What has been causing you, you know, like you said, sleepless nights this year?
[00:11:44.640 --> 00:11:50.640] And if it's the same thing over and over, it may be that you would benefit from talking with a lawyer.
[00:11:50.640 --> 00:11:57.360] You know, some of those things are just business, but some of them can be, you know, made a little better with a little legal support.
[00:11:57.360 --> 00:11:57.760] Yeah.
[00:11:57.760 --> 00:12:07.840] I couldn't tell you how many times I've gone back and look at contracts that I've been using for, you know, a year plus and I read it and I'm like, oh, I forgot it said all of these things.
[00:12:07.840 --> 00:12:11.760] Or that thing that kept coming up was something that was actually defined in the contract.
[00:12:11.760 --> 00:12:20.000] So I think, like, yes, looking at it through the lens of like, what do I need to change, but also just update yourself on what your own terms and conditions are.
[00:12:20.160 --> 00:12:21.920] Like, oh, I said I could charge a late fee.
[00:12:21.920 --> 00:12:23.280] I've been having a lot of late payments.
[00:12:23.520 --> 00:12:25.360] Maybe I should start doing that.
[00:12:25.360 --> 00:12:26.080] Yes, exactly.
[00:12:27.200 --> 00:12:27.520] Yeah.
[00:12:27.520 --> 00:12:29.600] So, okay, reading contracts, that's perfect.
[00:12:29.600 --> 00:12:34.200] What about like, is what about like website terms and conditions?
[00:12:34.520 --> 00:12:38.120] Is that one that we really should be looking at every year?
[00:12:38.120 --> 00:12:39.400] I have great news for you.
[00:12:39.400 --> 00:12:41.720] Those are basically set and forget it.
[00:12:41.720 --> 00:12:42.760] Oh, nice.
[00:12:42.760 --> 00:12:43.160] Yeah.
[00:12:43.160 --> 00:12:53.880] So, unless you, again, unless you've made like huge changes to the type of business or, you know, what you're doing, your website terms and conditions are just kind of, I call them the rules of the road for people who visit your website.
[00:12:53.880 --> 00:13:06.200] So they're kind of just usually if you use a template like ours, it's you know, things like you can't copy our photos without our permission, kind of any disclaimers or things like that, but they're pretty, it's pretty boilerplate.
[00:13:06.200 --> 00:13:16.600] So that is not really going to need a lot of, I mean, maybe look at them every couple of years, but if you change your corporate entity or your address or something, but most of that is not really changing.
[00:13:16.600 --> 00:13:17.240] Perfect.
[00:13:17.240 --> 00:13:17.960] Anything else?
[00:13:17.960 --> 00:13:19.720] Anything else we should be looking at?
[00:13:19.720 --> 00:13:24.120] The privacy policy is one that does need to be updated from time to time.
[00:13:24.120 --> 00:13:24.520] Yep.
[00:13:24.680 --> 00:13:27.720] So I know we'll hit on that a little bit later in our agenda.
[00:13:27.720 --> 00:13:41.160] But, you know, kind of if, especially if you haven't updated yours since before 2018, which was when there was a big, big change in the EU and the UK called GDPR, that you definitely need to do a little updating.
[00:13:41.160 --> 00:13:42.440] Again, that would make significant things.
[00:13:43.000 --> 00:13:45.640] Yeah, you don't have to write this from scratch.
[00:13:46.040 --> 00:13:47.800] Lawyers don't write anything from scratch.
[00:13:49.240 --> 00:13:51.080] We are never reinventing the wheel.
[00:13:51.080 --> 00:13:53.480] So we use templates and things too.
[00:13:53.480 --> 00:13:54.120] Awesome.
[00:13:54.120 --> 00:13:55.560] Anything else?
[00:13:55.560 --> 00:13:56.840] No, those are the big ones.
[00:13:57.000 --> 00:14:05.000] I will say the issue that we have seen the most this year, as far as disputes with our clients, is people asking for refunds.
[00:14:05.000 --> 00:14:08.360] We have just been like, there's been a deluge of refund requests.
[00:14:08.360 --> 00:14:11.800] And then our clients are trying to decide, am I going to give a refund?
[00:14:11.800 --> 00:14:15.520] If I do, do I want to put some kind of guardrails around that?
[00:14:15.520 --> 00:14:18.240] Like, you know, am I going to kick them out of the program?
[00:14:14.760 --> 00:14:21.440] Am I going to require that they don't speak badly about me?
[00:14:23.040 --> 00:14:26.640] So if you are seeing that come up in your business, I would just say you're not alone.
[00:14:26.640 --> 00:14:27.600] We are seeing a lot of that.
[00:14:27.600 --> 00:14:29.520] I think part of it is the economy.
[00:14:29.840 --> 00:14:34.960] I think part of it is, you know, we're two to three years past the pandemic surge in online education.
[00:14:34.960 --> 00:14:36.560] And I think people are savvier.
[00:14:36.560 --> 00:14:39.520] I think they're taking a closer look at what they're buying.
[00:14:39.520 --> 00:14:45.760] And frankly, if they don't feel like they're getting what they were sold, they are not afraid to ask for a refund.
[00:14:46.240 --> 00:14:52.800] So I would just, as you are reviewing your contracts, make sure that you have a refund policy at all.
[00:14:53.360 --> 00:14:56.320] Even if that is no refunds, that should be in your contract.
[00:14:56.640 --> 00:15:02.800] And if you've seen, again, if that's one of your areas of friction, that may be something you want to look at, kind of how you're handling those.
[00:15:02.800 --> 00:15:03.280] Awesome.
[00:15:03.280 --> 00:15:04.080] Great tips.
[00:15:04.080 --> 00:15:07.280] Then, everyone, that's a small to-do list for you, right?
[00:15:07.280 --> 00:15:07.600] Short.
[00:15:07.600 --> 00:15:08.240] It's very short.
[00:15:08.560 --> 00:15:12.720] If you haven't done these things for yourself yet, go refresh yourself on a couple of things.
[00:15:12.720 --> 00:15:21.600] Make some edits as you can, and you'll be more legally ready to slide in or slide further into this year.
[00:15:21.600 --> 00:15:22.720] To soar.
[00:15:22.720 --> 00:15:23.680] To soar.
[00:15:23.680 --> 00:15:24.240] In 2020.
[00:15:24.400 --> 00:15:25.120] As needed.
[00:15:25.120 --> 00:15:25.760] As needed.
[00:15:25.760 --> 00:15:26.560] Perfect.
[00:15:26.560 --> 00:15:31.760] Then let's get into sort of what's happening these days or what is new?
[00:15:31.760 --> 00:15:33.920] What we need to be touching base on.
[00:15:34.240 --> 00:15:35.280] I will never forget.
[00:15:35.280 --> 00:15:37.760] You brought up GDPR a few minutes ago.
[00:15:37.760 --> 00:15:39.840] I will never forget that spring.
[00:15:39.840 --> 00:15:41.760] Like there was a PTSD.
[00:15:42.880 --> 00:15:44.880] You said that and my face went crazy.
[00:15:45.440 --> 00:15:47.440] Were you still doing web design then, Emily?
[00:15:47.440 --> 00:15:48.240] I'm trying to remember.
[00:15:49.040 --> 00:15:53.440] Not, no, I was, I was, I was shutting down, I think, at that point.
[00:15:53.440 --> 00:15:56.800] I was shut, I was getting rid of my clients at that point.
[00:15:56.800 --> 00:15:58.800] I did not do, God bless.
[00:15:58.800 --> 00:16:03.080] That would have been the final straw for sure if I had been still doing them.
[00:16:03.400 --> 00:16:17.720] Um, but I do remember a series of conversations that felt like unfortunate events that went from like the high of the being boss book coming out and then having lunch with you one day and you being like, So, have you heard of GDPR?
[00:16:17.720 --> 00:16:19.560] And I'm like, No, what's that?
[00:16:19.560 --> 00:16:23.160] And you were like, It goes into effect like in three weeks or something.
[00:16:23.160 --> 00:16:25.400] And I was, it blew my mind.
[00:16:25.400 --> 00:16:27.000] Yeah, blew my mind in 2018.
[00:16:27.000 --> 00:16:28.040] I will never forget.
[00:16:28.040 --> 00:16:34.200] That was a hard time for a lot of people.
[00:16:34.200 --> 00:16:36.920] So, that one really blindsided me.
[00:16:36.920 --> 00:16:48.360] And since then, I feel like that was also very much so a wake-up call for me at that point, of like, okay, this online business thing is not the wild, wild west anymore, right?
[00:16:48.360 --> 00:16:50.280] There, we have to start buttoning up.
[00:16:50.280 --> 00:16:58.120] We can't just be like, you know, free-flowing out there, doing, making, selling whatever we want under whatever terms we sort of make up.
[00:16:58.120 --> 00:17:08.200] Not only is there like structures for doing business, but governments are literally getting involved and want us to like, they want us to button up.
[00:17:08.200 --> 00:17:27.960] So, I remember that being a really shift in my mindset around doing business and doing online business and really put legal stuff at the forefront: if you're going to show up and do work in any space, but even in the online space, you better be ready to know what's going on around you.
[00:17:27.960 --> 00:17:39.240] So, with that said, especially considering how quickly online business stuff changes, what are you seeing happening this year that we all need to be made aware of?
[00:17:39.560 --> 00:17:41.960] Yeah, so I've got three things on my list.
[00:17:42.600 --> 00:17:49.920] So, let's start with: this is not new, but I think we're seeing more, like you said, online business kind of waking up to this.
[00:17:50.080 --> 00:17:57.760] So we're starting to see more enforcement, and that's Federal Trade Commission regulations, which is like the most boring thing that you can imagine.
[00:17:57.760 --> 00:18:00.480] But this is basically think of truth in advertising.
[00:18:00.880 --> 00:18:02.160] So this is not new.
[00:18:02.160 --> 00:18:04.800] There's been laws on the books and regulations for a long time.
[00:18:04.800 --> 00:18:08.160] Basically, you're not allowed to lie to people in your sales and marketing activities.
[00:18:08.240 --> 00:18:10.160] You can't sell snake oil anymore.
[00:18:10.160 --> 00:18:11.920] You're not supposed to.
[00:18:12.240 --> 00:18:13.360] Plenty of people do.
[00:18:13.760 --> 00:18:14.480] Not legally.
[00:18:14.800 --> 00:18:16.960] They get that letter from the FTC.
[00:18:17.280 --> 00:18:17.760] Yep.
[00:18:17.760 --> 00:18:21.440] Or they get a complaint filed with the state attorney general.
[00:18:21.440 --> 00:18:23.280] So we're just starting to see more of that.
[00:18:23.280 --> 00:18:26.320] I've had that pop up against a couple of my clients this year.
[00:18:27.120 --> 00:18:29.360] So they are definitely taking notice.
[00:18:29.360 --> 00:18:35.520] I think the online business industry has been a little bit, you know, kind of off on an island.
[00:18:35.520 --> 00:18:40.560] Like you said, nobody's really been paying attention, but it's grown a lot.
[00:18:40.560 --> 00:18:42.960] A lot more, you know, regular people are investing.
[00:18:42.960 --> 00:18:46.960] And so I think it's just starting to be on the radar of law enforcement.
[00:18:46.960 --> 00:18:48.960] So that means all kinds of things.
[00:18:48.960 --> 00:18:54.160] But I would say the biggest things we're seeing are what kinds of claims are you making in your marketing?
[00:18:54.160 --> 00:18:57.680] And we're seeing that most around like health and wellness, especially weight loss.
[00:18:57.680 --> 00:19:10.960] So if you're like promising someone they can lose a certain amount of weight, or if you're using testimonials of people with that have numbers in them, that is just something to be aware that you should be, again, just be checking into this, seeing what you need to do.
[00:19:11.280 --> 00:19:16.480] And then any kind of like business coaching or course around helping you make more money.
[00:19:16.720 --> 00:19:20.560] The FTC is very sensitive to get rich quick schemes.
[00:19:20.560 --> 00:19:27.600] And I know none of us think that we are doing that, but when you, I've been like paying attention to some of the decisions that have been coming out.
[00:19:27.840 --> 00:19:34.840] There was a housewife who is being sentenced, who pled guilty to some crimes involving a get-rich-quick scheme.
[00:19:34.840 --> 00:19:36.200] And you're like, that is crazy.
[00:19:36.200 --> 00:19:40.520] But then you look at it, you're like, oh, that's not that different than a lot of the things I'm seeing.
[00:19:41.480 --> 00:19:44.920] So just again, be aware that there are rules around this stuff.
[00:19:44.920 --> 00:19:48.600] And I think for a long time, people have been kind of acting like they can do whatever they want.
[00:19:48.600 --> 00:19:51.960] And those chickens are coming home to roost a little bit.
[00:19:51.960 --> 00:19:53.160] Indeed.
[00:19:53.160 --> 00:19:56.280] And they're bringing some friends with them, it sounds like.
[00:19:56.280 --> 00:19:56.600] Okay.
[00:19:57.000 --> 00:19:57.560] Yeah.
[00:19:57.560 --> 00:20:00.440] I have a couple of questions around this because this is a big one.
[00:20:00.440 --> 00:20:02.680] I've been seeing some of these things as well.
[00:20:02.680 --> 00:20:04.280] And it is just generally tough.
[00:20:04.280 --> 00:20:09.720] I mean, we all, you know, we all fancy ourselves sales copy writers at some point.
[00:20:09.720 --> 00:20:18.680] But if we don't know how it works, like in the real world, because isn't it also kind of fun that online world is now becoming more of the real world?
[00:20:18.680 --> 00:20:21.480] Well, like we're not just operating on the fringes.
[00:20:21.960 --> 00:20:27.320] I know I used to always say, like, in my little corner of the internet, well, it's like, it's gotten to be a bit a lot better corner.
[00:20:27.320 --> 00:20:28.520] Yeah, for sure.
[00:20:28.920 --> 00:20:30.600] But what is this actually look like?
[00:20:30.600 --> 00:20:31.720] You mentioned health and wellness.
[00:20:31.720 --> 00:20:33.480] You mentioned testimonials.
[00:20:33.480 --> 00:20:35.720] Are you talking sales pages?
[00:20:35.720 --> 00:20:37.720] Are you talking email marketing?
[00:20:37.720 --> 00:20:39.400] Are you talking social media?
[00:20:39.400 --> 00:20:43.160] Like, where are you seeing this happen the most?
[00:20:43.480 --> 00:20:44.520] All of the above.
[00:20:44.520 --> 00:20:44.920] Yeah.
[00:20:45.160 --> 00:20:48.520] The more public-facing ones are obviously the ones that are going to get more attention.
[00:20:48.520 --> 00:20:53.640] So social media posts, any paid traffic, you know, paid traffic, paid ads.
[00:20:54.760 --> 00:20:56.920] The emails are usually a little more behind the scenes.
[00:20:56.920 --> 00:20:59.240] But yeah, sales pages certainly as well.
[00:20:59.240 --> 00:21:04.200] So, you know, think anything public-facing is going to be, you need to be especially careful there.
[00:21:04.200 --> 00:21:10.440] Although, certainly, we have had clients that, you know, their sales emails were forwarded to the local authorities as well.
[00:21:10.440 --> 00:21:13.240] So, and people can record phone calls.
[00:21:13.240 --> 00:21:18.080] Like, we have some clients who are doing, you know, sales over the phone, which can be a very high-pressure tactic.
[00:21:18.240 --> 00:21:28.160] You know, I think another thing to keep in mind is the more high-pressure tactics you're using, the more it starts to look like you are being, you could be violating these rules.
[00:21:28.160 --> 00:21:28.720] Sure.
[00:21:28.720 --> 00:21:29.040] Okay.
[00:21:29.040 --> 00:21:39.040] And if someone is like, oh, maybe my testimonials are off or my sales copy is sure convincing or whatever it may be.
[00:21:39.040 --> 00:21:39.760] What would it look like?
[00:21:41.360 --> 00:21:44.320] Maybe I'm just pushing the envelope a little bit.
[00:21:44.320 --> 00:21:46.000] What would a review look like?
[00:21:46.000 --> 00:21:50.080] And what would it look like to fix some of those things?
[00:21:50.400 --> 00:21:50.800] Yeah.
[00:21:50.800 --> 00:21:52.400] So I think we've talked about this before.
[00:21:52.400 --> 00:22:01.280] I take, and again, I'm one lawyer with one viewpoint, but this is how I like to look at things: is you're, when we talk about legal protections, I'm always thinking about risk.
[00:22:01.280 --> 00:22:04.080] So what is the risk that something really terrible could happen?
[00:22:04.080 --> 00:22:12.560] So with this kind of thing, we're thinking, you know, what is the risk that somebody could invest in something you're selling and lose all their money and get angry and report you to the FTC?
[00:22:12.560 --> 00:22:16.160] The FTC or a state attorney general could come after you.
[00:22:16.480 --> 00:22:26.960] If your business is very small, you know, under $100,000 revenue, maybe you work with 5 to 100 people a year, you are very low risk at any of this.
[00:22:26.960 --> 00:22:29.280] You know, you're probably not selling things for that much.
[00:22:29.280 --> 00:22:31.280] Your volume is not that high.
[00:22:31.760 --> 00:22:39.600] So this is something like, of course, I at least really value running an ethical business and complying with rules and regulations as part of that.
[00:22:40.400 --> 00:22:43.120] Every person gets to make their own decision about where they land on that.
[00:22:43.360 --> 00:22:49.680] There are plenty of big corporations that are aware of the laws and hire lawyers to figure out how they can skirt around them.
[00:22:50.800 --> 00:22:52.960] So, you know, think about your values.
[00:22:52.960 --> 00:22:56.240] Think about the size of your business and what is your risk.
[00:22:56.240 --> 00:23:01.320] As you get bigger, as your profile rises, you are more at risk.
[00:22:59.360 --> 00:23:11.400] So, you know, where I'm seeing this start to come into play more is with my, you know, clients who are doing multi-million dollars in revenue a year or who have a very substantial social media following.
[00:23:11.400 --> 00:23:13.720] So those are two kind of things to keep in mind.
[00:23:13.960 --> 00:23:22.360] So if you are in that range or approaching it, or you think like I might be there in another year or two, you know, we've been doing this for some of our clients.
[00:23:22.360 --> 00:23:25.560] It's really just taking a look at the marketing materials.
[00:23:25.560 --> 00:23:37.080] It usually takes a couple hours, you know, reviewing them, comparing them to the laws and the regulations and seeing, you know, are there some tweaks we'd recommend or are we talking about a whole overhaul of your whole, you know, kind of marketing campaigns?
[00:23:37.080 --> 00:23:42.200] It kind of varies depending on, you know, I have some clients that have, you know, like six funnels with 100 emails.
[00:23:42.200 --> 00:23:46.920] And, you know, it can, it can vary depending on what your business marketing looks like.
[00:23:46.920 --> 00:23:47.240] Right.
[00:23:47.240 --> 00:23:54.440] And I would say for anyone who's not there yet and who's like, this isn't, you know, a problem, or also I want to do it right.
[00:23:54.440 --> 00:23:59.720] A lot can be said about starting things well.
[00:23:59.720 --> 00:24:00.520] Yes.
[00:24:00.840 --> 00:24:01.240] Right?
[00:24:01.480 --> 00:24:01.720] Yeah.
[00:24:01.720 --> 00:24:05.160] It's easier not to have to go back and rewrite all those emails later.
[00:24:05.160 --> 00:24:05.640] Yeah.
[00:24:05.640 --> 00:24:06.200] Yeah.
[00:24:06.200 --> 00:24:12.120] Do some honest business from the get-go and it becomes significantly easier as you grow.
[00:24:12.120 --> 00:24:16.520] Well, the and the bonus is you're going to have less refund requests.
[00:24:16.520 --> 00:24:19.080] Like, just everything is going to run more smoothly.
[00:24:19.080 --> 00:24:20.280] I have found.
[00:24:20.600 --> 00:24:21.320] Absolutely.
[00:24:21.320 --> 00:24:25.160] Less churn, less people, you know, more people are going to send their friends to you.
[00:24:25.160 --> 00:24:28.760] I just think there's so many benefits to running your business that way.
[00:24:29.400 --> 00:24:34.680] Growing a business can feel like the Wild West, but there's a better CRM in town, HubSpot.
[00:24:34.680 --> 00:24:41.640] HubSpot CRM keeps all your teams on the same page, so you can spend less time managing your software and more time connecting with your customers.
[00:24:41.640 --> 00:24:48.240] When you hit your wagon to HubSpot CRM, your marketing, sales, operations, and service teams all have access to the same data.
[00:24:48.240 --> 00:24:53.120] Sales teams won't miss out on qualified leads, and marketing teams know where best to promote their offers.
[00:24:53.120 --> 00:24:55.120] That's how the Wild West is won.
[00:24:55.120 --> 00:24:57.200] Learn more at HubSpot.com.
[00:24:57.200 --> 00:24:59.680] HubSpot grow better.
[00:25:01.280 --> 00:25:07.120] So FTC breathing down our necks is one, as they should, and as they should.
[00:25:07.600 --> 00:25:09.040] They're here to protect the customers.
[00:25:09.040 --> 00:25:10.640] So they're doing their job.
[00:25:10.640 --> 00:25:11.200] Indeed.
[00:25:11.200 --> 00:25:12.800] So FTC is one.
[00:25:12.800 --> 00:25:14.800] What is another of your three?
[00:25:15.440 --> 00:25:19.600] So we have seen a lot of action with text message marketing.
[00:25:20.160 --> 00:25:20.560] Yeah.
[00:25:21.120 --> 00:25:30.160] So if you are like me, your phone is probably blowing up with like doctor appointment reminders and all the, it makes me crazy because I'm old.
[00:25:30.320 --> 00:25:36.480] I'm like, I just wish you would not text me because it feels like a to-do item and I have to look at it.
[00:25:36.800 --> 00:25:37.120] Yep.
[00:25:37.360 --> 00:25:39.120] You know, I kind of, I kind of hate texts.
[00:25:39.120 --> 00:25:40.720] I know lots of people love them.
[00:25:40.720 --> 00:25:42.960] And they're very effective in marketing.
[00:25:42.960 --> 00:25:46.960] So we are seeing more and more businesses use them, especially online businesses.
[00:25:47.120 --> 00:25:48.160] I don't know about you, Emily.
[00:25:48.160 --> 00:25:51.760] We're seeing them for like webinar signups or reminders.
[00:25:51.760 --> 00:25:52.240] Okay.
[00:25:52.800 --> 00:26:03.600] You know, people are using them, like I mentioned, for doctor's appointments, for, you know, if you are booking a one-on-one call with someone, sending them a reminder, you know, a lot of that.
[00:26:03.600 --> 00:26:10.560] And then also just, you know, as you would normally, as in the past or even currently, you might run an email campaign, people are running text message campaigns.
[00:26:10.720 --> 00:26:20.960] They may have like a whole sequence of sales texts that they are sending because, you know, the email inbox is more crowded and the text inbox is not yet.
[00:26:21.280 --> 00:26:29.520] So there are, it turns out, many, many rules around how you are allowed to send people texts.
[00:26:30.040 --> 00:26:41.000] And the platforms that are like allowing you to send texts are not telling anyone about that, which I kind of understand because it's not their job to be your lawyer.
[00:26:41.320 --> 00:26:45.960] But I also feel like they're kind of doing a disservice by not even ringing the alarm bell at all.
[00:26:46.520 --> 00:26:49.880] Because, and I pulled this, we'd written a memo on this.
[00:26:49.880 --> 00:26:54.280] If you, the law at issue is called the Telephone Consumer Protection Act.
[00:26:54.280 --> 00:26:58.360] It's not a new law, but it's kind of new that it's been applied to text messages.
[00:26:58.680 --> 00:27:05.240] The TCPA, if someone sues you, if you do this wrong, a consumer can sue you.
[00:27:05.240 --> 00:27:09.320] Their damages are a minimum of $500 per text.
[00:27:09.320 --> 00:27:13.640] So consider like you have a, I have a client that has like a 35-text sequence.
[00:27:13.880 --> 00:27:18.360] $500 per text, $1,500 if they find that your actions were willful.
[00:27:18.360 --> 00:27:22.840] So basically, like if you knew you were doing this the wrong way and you did it anyway.
[00:27:23.640 --> 00:27:27.080] So the damages are really high, you know, 35 times 500.
[00:27:27.080 --> 00:27:29.160] I'm bad at math, but that's a lot of money.
[00:27:30.440 --> 00:27:34.200] The other thing is, these are being filed as class actions.
[00:27:34.520 --> 00:27:46.680] So the plaintiff's lawyers know that, you know, if they find Sally who got your texts and didn't sign up for them, there's probably lots of Sally's out there that you're probably not doing this in an isolated manner.
[00:27:47.080 --> 00:27:51.800] So then we're talking about just really, really huge damages exposure.
[00:27:52.120 --> 00:27:54.360] And there are basically professional plaintiffs.
[00:27:54.360 --> 00:27:58.360] A plaintiff is the person who brings a lawsuit who's suing someone.
[00:27:58.440 --> 00:28:01.800] So there's basically professional plaintiffs who figured out that they can earn money doing this.
[00:28:01.800 --> 00:28:04.360] So they are signing up for things.
[00:28:04.360 --> 00:28:10.200] They are trying to find people who are doing it the wrong way so that they can get the texts and then file the lawsuit.
[00:28:10.200 --> 00:28:17.120] So it is, yeah, we have had some clients who have, I mean, it feels like entrapment.
[00:28:17.120 --> 00:28:21.120] It feels really gross, but there is no defense under this law.
[00:28:14.680 --> 00:28:24.320] So it's like, if you do it the wrong way, it's kind of too bad.
[00:28:24.320 --> 00:28:30.880] So this is one of those areas that I just want to, again, kind of ring the alarm bell because the text message platforms are not doing that.
[00:28:31.520 --> 00:28:37.280] Just so that people know that this is a higher risk activity in your business.
[00:28:37.280 --> 00:28:39.440] So I just want people to go in eyes wide open.
[00:28:39.440 --> 00:28:45.440] You may still decide that you want to do text messaging if it's really effective, but there is a lot of legal compliance.
[00:28:45.440 --> 00:28:47.360] I'm not going to go into unless you really want to.
[00:28:47.360 --> 00:28:49.840] I'm not going to go into all the rules.
[00:28:51.120 --> 00:28:57.600] But this is definitely an area where I would recommend consulting with a lawyer because there's internal procedures and documentation you have to do.
[00:28:57.920 --> 00:29:01.840] It is not, it's not super hard, but it's just kind of annoying.
[00:29:02.160 --> 00:29:04.000] I would not trust an online checklist.
[00:29:04.480 --> 00:29:04.800] Right.
[00:29:04.800 --> 00:29:16.480] I think we should probably schedule a chat because I literally finalized some graphics today for adding text message marketing to Almanac's newsletter stuff.
[00:29:18.480 --> 00:29:24.240] So I'll give you the like 50,000 foot view, which is you have to, they have to give their express consent.
[00:29:24.240 --> 00:29:24.640] Yes.
[00:29:24.640 --> 00:29:25.600] That's the biggest thing.
[00:29:25.600 --> 00:29:27.280] And then there's like some other things.
[00:29:27.280 --> 00:29:27.840] Yes.
[00:29:27.920 --> 00:29:37.520] But you can't just like have a spot on a form where they can fill out their cell phone number and then just start blasting them, which I've definitely seen people doing.
[00:29:37.520 --> 00:29:38.400] Yeah, for sure.
[00:29:38.400 --> 00:29:42.240] No, as we have been putting things in place, we've been researching.
[00:29:42.480 --> 00:29:48.080] I knew that there was some regulations around this and I know that I want to do things well from the beginning as much as possible.
[00:29:48.080 --> 00:29:53.120] So we've done a good bit of research and things and been very careful about starting it and doing it slowly.
[00:29:53.120 --> 00:29:55.040] This is not some half-baked idea.
[00:29:55.040 --> 00:29:59.920] I was like, you know, two days ago, I was like, everybody needs a change of direction yesterday.
[00:30:00.760 --> 00:30:01.400] Right.
[00:30:01.400 --> 00:30:05.640] No, we've been working on this for about six months and really like taking your time to do some research.
[00:30:05.640 --> 00:30:08.920] But I do think it probably would be ideal to have a chat about it.
[00:30:10.600 --> 00:30:19.080] Because too, you know, even in the being boss community, there's occasionally conversations that come up around text message marketing.
[00:30:19.080 --> 00:30:22.120] And really, really, it is incredibly effective.
[00:30:22.120 --> 00:30:26.680] The open rates and the click-through rates are really tempting.
[00:30:26.680 --> 00:30:29.000] Well, and I'm definitely not saying don't do it.
[00:30:29.000 --> 00:30:31.080] I just want you to do it the right way.
[00:30:31.080 --> 00:30:34.200] And there's just like a couple things you have to do.
[00:30:34.600 --> 00:30:41.240] Nobody wants to get the letter that one of my clients got that is really scary or get the lawsuit delivered to your door.
[00:30:41.480 --> 00:30:41.720] Yeah.
[00:30:41.720 --> 00:30:42.120] Nope.
[00:30:42.440 --> 00:30:44.440] Let's stay on the right side of that.
[00:30:44.440 --> 00:30:45.160] Absolutely.
[00:30:45.160 --> 00:30:45.640] Absolutely.
[00:30:45.640 --> 00:30:49.800] So as everyone is hearing, you know, all the things about text message marketing.
[00:30:49.800 --> 00:30:57.400] Also, if I can like, you know, finger on the pulse, you know how I'm always like, you know, get off social media five years before everyone gets off social media.
[00:30:57.880 --> 00:31:01.240] I think this text message marketing thing is going to be relatively short-lived.
[00:31:01.240 --> 00:31:02.680] Oh, I think.
[00:31:03.160 --> 00:31:15.640] And mostly because it becomes so much so fast on such a direct to your eyeballs thing that I don't think very many people are going to be really diving into this.
[00:31:15.640 --> 00:31:19.320] And if anyone does, I think they're going to get out of it really quickly.
[00:31:19.320 --> 00:31:27.000] And or the numbers are going to tank so fast that business owners don't see really the advantage of it in like traditional marketing ways.
[00:31:27.000 --> 00:31:34.280] I think there is a difference between marketing and like the doctor's appointment or, you know, marketing and your package has been delivered.
[00:31:34.920 --> 00:31:41.560] But I do think for I'm interested to see, but my inkling is that for marketing, it's going to be relatively short-lived.
[00:31:41.560 --> 00:31:42.360] I'd be curious.
[00:31:42.360 --> 00:31:45.920] It's been used hugely in political campaigns.
[00:31:45.920 --> 00:31:46.080] Yeah.
[00:31:46.160 --> 00:31:48.880] Oh, doesn't that make everybody feel gross?
[00:31:44.920 --> 00:31:51.360] Never give your cell phone number to a political campaign.
[00:31:51.680 --> 00:31:54.000] No, absolutely not.
[00:31:54.000 --> 00:32:00.640] I even got, I got a scam thing yesterday that I had like a fraudulent charge on my bank.
[00:32:00.640 --> 00:32:03.760] And I immediately went to David and was like, David, I got his text message.
[00:32:03.760 --> 00:32:04.800] I looked at it another second.
[00:32:04.800 --> 00:32:06.800] I was like, but it looks funny.
[00:32:06.800 --> 00:32:07.360] Yeah.
[00:32:07.360 --> 00:32:07.920] Yeah.
[00:32:08.880 --> 00:32:09.760] And sure enough.
[00:32:09.760 --> 00:32:20.320] So, anyway, all this to say, I do think that I'm interested to see, but I do not think that text message marketing is going to get caught on in quite the same way.
[00:32:20.320 --> 00:32:21.360] We shall see.
[00:32:21.360 --> 00:32:22.960] Okay, text marketing.
[00:32:22.960 --> 00:32:26.400] If anyone is looking, if anyone's already doing it, check yourself.
[00:32:26.400 --> 00:32:26.880] Yeah.
[00:32:26.880 --> 00:32:27.520] Right.
[00:32:27.520 --> 00:32:32.480] If you are thinking about doing it, learn everything you need to know before implementing it.
[00:32:32.480 --> 00:32:35.840] And if you're like, that's not even for me, I love that for you.
[00:32:36.320 --> 00:32:38.320] What is the last of your three?
[00:32:38.320 --> 00:32:40.800] My last three, there is California.
[00:32:40.800 --> 00:32:43.200] It's just the gift that keeps on giving.
[00:32:43.200 --> 00:32:48.960] So our friends in California last year, it's like full employment for lawyers in California.
[00:32:49.920 --> 00:32:50.400] Yeah.
[00:32:50.400 --> 00:32:52.240] So they passed a new law.
[00:32:52.240 --> 00:32:55.120] It's called the California Auto Renewal Law.
[00:32:55.600 --> 00:32:56.960] We call it ARL.
[00:32:57.200 --> 00:33:09.920] So this is meant to help the problem that I myself have faced where you sign up for a subscription either for software or, you know, I signed up for Rent the Runway several years ago and I could not cancel it.
[00:33:09.920 --> 00:33:13.840] Like I had to call and wait on the phone, wait on hold for an hour and a half.
[00:33:13.840 --> 00:33:16.480] It was a huge pain in the, you know what?
[00:33:17.280 --> 00:33:20.560] So, this law has very strict requirements now.
[00:33:20.880 --> 00:33:24.080] And if you're doing business anywhere, you're probably doing business in California.
[00:33:24.080 --> 00:33:26.560] So, it pretty much applies everywhere.
[00:33:26.560 --> 00:33:30.000] But this is for paid subscriptions that renew automatic.
[00:33:30.920 --> 00:33:38.680] So, I just want to point out it's not for payment plans that have like a start date and an end date, and you're kind of like splitting up the payments.
[00:33:38.680 --> 00:33:41.320] Those seem like subscriptions, but they're really not.
[00:33:42.120 --> 00:33:47.240] It is for think of like your Hulu subscription or Netflix.
[00:33:47.240 --> 00:33:50.280] You're paying every month, every month it just keeps on rolling.
[00:33:50.280 --> 00:33:53.000] You get charged until you tell them to stop.
[00:33:53.480 --> 00:33:58.440] So, the big thing there is there's some new rules about like the notice you have to give on the front end.
[00:33:58.440 --> 00:34:03.960] So, we've been helping some of our clients just make sure their sales pages and checkout pages are compliant.
[00:34:03.960 --> 00:34:08.520] And then there's also some rules about how easy you have to make it to cancel.
[00:34:08.760 --> 00:34:12.200] Like, there has to basically be a button or a very easy way.
[00:34:12.200 --> 00:34:18.600] You can't force somebody to get on a call with you and, you know, go through this 12-email sequence that I have seen.
[00:34:18.600 --> 00:34:20.120] You know, please don't go.
[00:34:20.120 --> 00:34:22.520] Like, that's that's not going to work anymore.
[00:34:22.520 --> 00:34:25.880] Um, and this is another one where there is a consumer right to action.
[00:34:25.880 --> 00:34:32.040] So, like, if you, Emily, try to cancel and you can't, you can file a lawsuit and you can get pretty big damages.
[00:34:32.040 --> 00:34:37.800] So, it's just another one of those that it's, it's going to start being a problem for more and more businesses.
[00:34:37.800 --> 00:34:43.800] So, but again, we should make it easy for people to end their relationship with us if they don't like it.
[00:34:43.800 --> 00:34:44.520] Indeed, indeed.
[00:34:44.520 --> 00:34:49.240] That's what I was, I think, and I think it's sort of like two-pronged, right?
[00:34:49.240 --> 00:34:51.960] Like, one of them is don't do skezy things, right?
[00:34:51.960 --> 00:34:52.280] Number one.
[00:34:52.520 --> 00:34:54.440] That could be the theme of this episode.
[00:34:56.360 --> 00:34:59.000] Indeed, indeed, don't do skezy things.
[00:34:59.000 --> 00:35:05.640] Um, number two is like is a tech thing because sometimes you're not meaning to be skeezy, right?
[00:35:05.640 --> 00:35:21.360] But the button is hard to find, and you don't, you haven't, you had like you bought a template that was not great designed for user experience, or you're using a piece of technology that you're not familiar with and you don't know how to make that button more visible, or whatever it may be.
[00:35:21.680 --> 00:35:26.320] Get your tech right as well, so that you aren't inadvertently being skeezy.
[00:35:26.320 --> 00:35:27.360] Yeah, yeah.
[00:35:27.360 --> 00:35:29.760] And I think this is going to be like GDPR.
[00:35:29.760 --> 00:35:40.080] Sorry to say it again, but like now, you know, a lot of website builders will have like a GDPR compliant privacy policy built in, and all you have to do is like click a button.
[00:35:40.080 --> 00:35:46.240] I think it's going to become like that, where templates are going to start becoming compliant with this because it's going to be very widespread.
[00:35:46.480 --> 00:35:47.600] Isn't that funny?
[00:35:47.600 --> 00:35:48.400] Isn't that funny?
[00:35:48.400 --> 00:35:56.000] I remember selling website templates back in the day, and there was, you just, does it have an about page, a cart button?
[00:35:56.320 --> 00:35:59.040] Like, you'll see the bar was low.
[00:35:59.040 --> 00:36:00.160] We're all doing our best.
[00:36:00.160 --> 00:36:00.640] Yeah.
[00:36:00.640 --> 00:36:01.040] Right.
[00:36:01.040 --> 00:36:13.360] But these days, like, I look forward to the day as someone who buys website templates, even to, you know, looking at a template and seeing the list of compliances that it meets.
[00:36:13.360 --> 00:36:14.960] Like, it is GDPR compliant.
[00:36:14.960 --> 00:36:16.240] It is this thing compliant.
[00:36:16.240 --> 00:36:18.960] It like is just generally California compliant.
[00:36:18.960 --> 00:36:24.960] Because let's face it, if it's California compliant, it's probably compliant everywhere other than like Denmark.
[00:36:24.960 --> 00:36:26.000] I don't even know.
[00:36:26.640 --> 00:36:34.720] So there, I do, I'm glad to see these things happening as someone who came from the Wild West.
[00:36:35.280 --> 00:36:47.200] Watching everything be buttoned up a little bit makes me more confident in doing business with others online in the same way that I hope my customers are comfortable doing business with me online.
[00:36:47.200 --> 00:36:48.400] Here, here.
[00:36:48.720 --> 00:36:49.280] Love it.
[00:36:49.280 --> 00:36:49.520] Okay.
[00:36:49.520 --> 00:36:53.440] So those are three really big ones.
[00:36:53.440 --> 00:36:55.360] And those are like already happening.
[00:36:55.360 --> 00:36:55.760] Yeah.
[00:36:55.760 --> 00:36:56.080] Yeah.
[00:36:56.080 --> 00:36:56.480] Yeah.
[00:36:56.720 --> 00:36:58.080] Those are not TBD.
[00:36:58.640 --> 00:36:58.960] Yeah.
[00:36:58.960 --> 00:36:59.360] Those are.
[00:36:59.440 --> 00:37:01.240] Those are real, real, real right now.
[00:37:01.240 --> 00:37:01.800] Yeah.
[00:36:59.840 --> 00:37:02.120] Okay.
[00:37:03.560 --> 00:37:06.680] Do you see anything coming down the pipeline?
[00:37:06.680 --> 00:37:10.680] Well, so we have like data and privacy on our list to talk about.
[00:37:12.760 --> 00:37:16.040] I'm not going to get political, but I don't think this Congress is going to get anything done.
[00:37:16.280 --> 00:37:19.320] So, you know, for years, there's been talk of a basically a U.S.
[00:37:19.320 --> 00:37:24.440] GDPR because our rules are so much more lax than the EU and the UK.
[00:37:24.440 --> 00:37:26.440] But I just don't think it's a priority.
[00:37:26.440 --> 00:37:28.280] So I don't really see that changing.
[00:37:28.280 --> 00:37:32.920] Although, I mean, you never know, there might be another Facebook, you know, huge data breach and maybe that changes.
[00:37:33.080 --> 00:37:41.400] But I think short of, you know, some sort of event, some sort of catastrophe that pushes, you know, I don't think that's going to happen anytime soon.
[00:37:41.960 --> 00:37:43.880] And what would this entail?
[00:37:43.880 --> 00:37:45.880] Like, is it pretty much the U.S.
[00:37:45.880 --> 00:37:49.320] version of GDPR or does it encompass other things?
[00:37:49.320 --> 00:37:51.080] I mean, who knows what it would look like in practice?
[00:37:51.080 --> 00:37:53.240] There's lots of proposals that are floating around.
[00:37:53.240 --> 00:37:59.320] But I mean, right now, I could buy a list from you and send them emails or call them.
[00:37:59.960 --> 00:38:04.760] You know, you don't have, you don't have to keep your customers' data private in the United States.
[00:38:04.760 --> 00:38:08.440] All you have to do is basically tell them what you're doing and nobody reads that.
[00:38:08.440 --> 00:38:09.000] Sure.
[00:38:09.720 --> 00:38:16.120] You don't have to give notice when someone gives you their email about what kind of emails you're going to send them or kind of what they're signing up for.
[00:38:16.120 --> 00:38:17.800] You can opt people in automatically.
[00:38:17.800 --> 00:38:22.680] I feel like every time I buy something online, I get put on a list, even though I never check that box.
[00:38:22.680 --> 00:38:24.120] Like that is allowed in the U.S.
[00:38:24.280 --> 00:38:35.000] So, you know, there's a lot of things that just would not fly under GDPR, which has much more, they just about, you know, kind of allows people to control their data a lot more than we do here.
[00:38:35.000 --> 00:38:35.400] Yeah.
[00:38:35.560 --> 00:38:38.360] We're basically for sale in the United States.
[00:38:38.360 --> 00:38:39.480] Capitalism.
[00:38:39.480 --> 00:38:39.880] Yeah.
[00:38:40.200 --> 00:38:41.480] That's great.
[00:38:41.800 --> 00:38:42.920] Capitalism.
[00:38:43.240 --> 00:38:44.880] That's super interesting.
[00:38:44.280 --> 00:38:47.840] I, I, my finger is on the pulse of most of those things.
[00:38:44.680 --> 00:38:49.600] That's why I've got to you.
[00:38:44.840 --> 00:38:51.120] But that is really fascinating.
[00:38:51.280 --> 00:38:54.080] And I think, you know, maybe it doesn't happen quickly.
[00:38:54.080 --> 00:38:59.360] I hope nothing crazy happens, but I do feel like the world is just sort of primed for those sorts of things too.
[00:38:59.760 --> 00:39:03.760] Even with GDPR, I feel like there was maybe a two-year phase-in period.
[00:39:03.760 --> 00:39:11.520] Like there was a lot of notice because there were so many big changes that had to be made, both technologically and just, you know, kind of staffing up people to handle it.
[00:39:11.520 --> 00:39:11.840] Yeah.
[00:39:11.840 --> 00:39:14.640] So it wouldn't be overnight, but we'll see.
[00:39:14.640 --> 00:39:17.360] It felt like it was overnight last time.
[00:39:19.040 --> 00:39:19.760] Anything else?
[00:39:19.760 --> 00:39:25.840] Anything else you see coming down the pipeline that we just, I just want like legal gossip is basically legal gossip.
[00:39:26.160 --> 00:39:27.200] Hmm.
[00:39:27.440 --> 00:39:28.720] Trying to think.
[00:39:29.120 --> 00:39:33.280] We are seeing, you know, we had cybersecurity on our list as well.
[00:39:33.920 --> 00:39:43.920] I mean, this is not really legal, but we've had a lot of clients with like identity theft, scams, and our clients are really tech savvy.
[00:39:43.920 --> 00:39:51.760] And so some of them have been taken advantage of in scams, been either with phishing or hacking into their email and redirecting payments.
[00:39:51.760 --> 00:40:00.080] So just be really careful if anyone is like sending you a new bank account number to redirect, even with your team members.
[00:40:00.080 --> 00:40:04.160] Like I would just, you know, never accept any of that kind of stuff over email.
[00:40:04.160 --> 00:40:07.840] Make sure you have a phone call, voice confirm is ideal.
[00:40:08.320 --> 00:40:14.240] We just got to, I think we're just going to have to be a lot more careful moving forward because the scammers have gotten so, so good.
[00:40:14.560 --> 00:40:15.040] Yeah.
[00:40:15.600 --> 00:40:17.360] I can, I can second this.
[00:40:17.360 --> 00:40:23.920] I haven't had any personal experiences, knock on wood, but I definitely know of a couple of people who have.
[00:40:23.920 --> 00:40:28.640] And it is always like, it's so, it seems so innocent when it happens.
[00:40:28.640 --> 00:40:33.400] You know, they get an email that's like, oh, sorry, like this invoice, this invoice is overdue.
[00:40:29.920 --> 00:40:34.360] Like, take care to pay.
[00:40:34.440 --> 00:40:41.480] And they're like, oh, this is like, you know, they've like it looks very legit.
[00:40:41.480 --> 00:40:42.200] It does.
[00:40:42.200 --> 00:40:48.040] The one my client was, one of my clients was taking advantage of, and it was like in a reply to an email thread.
[00:40:48.040 --> 00:40:50.200] So it was like, it did not come out of nowhere.
[00:40:50.200 --> 00:40:52.280] It was so, so sneaky.
[00:40:52.280 --> 00:40:53.160] So, yeah.
[00:40:53.160 --> 00:40:54.040] Oh, yeah.
[00:40:54.040 --> 00:40:55.080] Terrifying.
[00:40:55.080 --> 00:40:56.440] Be careful where you send your money.
[00:40:56.760 --> 00:40:57.000] Indeed.
[00:40:57.560 --> 00:40:58.040] Indeed.
[00:40:58.040 --> 00:41:01.080] And I think that even goes back to like having processes, right?
[00:41:01.080 --> 00:41:10.280] Like I was talking to someone the other day who was talking about their sort of accounts person on their team and just how buttoned up they are, right?
[00:41:10.280 --> 00:41:13.960] With like they're not sending money to anybody without like the right password.
[00:41:13.960 --> 00:41:19.480] Like, you know, whatever, which I think is smart these days.
[00:41:19.480 --> 00:41:23.880] Just sort of flippantly sending money around is not how we do business online anymore.
[00:41:24.520 --> 00:41:27.880] We make sure that is buttoned up or you're going to get scammed real easily.
[00:41:28.040 --> 00:41:30.120] Yeah, and there's really, there's no recourse.
[00:41:30.120 --> 00:41:32.120] Like when that money's gone, it's gone.
[00:41:32.120 --> 00:41:39.480] I mean, you have maybe like 24 or 48 hours to try and get it back, but it's gone real quick, usually by the time you notice it.
[00:41:39.480 --> 00:41:40.200] For sure.
[00:41:40.520 --> 00:41:41.080] Okay.
[00:41:41.720 --> 00:41:42.120] Anything else?
[00:41:42.200 --> 00:41:43.560] I don't want to end on a womp womp.
[00:41:44.360 --> 00:41:45.000] Right.
[00:41:46.920 --> 00:41:48.280] But like, but what is that?
[00:41:48.280 --> 00:41:50.280] What does a good legal note look like?
[00:41:50.280 --> 00:41:50.760] What is that?
[00:41:51.720 --> 00:42:09.400] I would say on the plus side, we are seeing like, especially after maybe having a couple of these things happen, you know, getting burned by, you know, a contractor who leaves and, you know, takes things they shouldn't or, you know, starts going after your clients or any of the things like that.
[00:42:09.400 --> 00:42:14.600] We are seeing, you know, businesses kind of putting on their big girl panties and growing up a little bit.
[00:42:14.600 --> 00:42:16.640] So, and I think that's been a theme of our conversation.
[00:42:14.840 --> 00:42:18.480] You know, we're not in the Wild, Wild West anymore.
[00:42:18.640 --> 00:42:24.880] And if you're acting like it, you're not going to have the kind of sustainable business that I think most of us want.
[00:42:24.880 --> 00:42:25.280] Yeah.
[00:42:25.600 --> 00:42:30.880] You know, I think we're out of that, like, earn a million dollars in a year and then go live on a beach.
[00:42:31.520 --> 00:42:31.920] Right.
[00:42:32.240 --> 00:42:33.600] You can't really do that anymore.
[00:42:33.600 --> 00:42:36.560] High five to the dozen or so of those of you who did that.
[00:42:37.200 --> 00:42:38.000] The rest of us.
[00:42:38.800 --> 00:42:44.720] The rest of us are going to sit here and do business sustainably and responsibly.
[00:42:44.720 --> 00:42:50.560] And I think that's that's really sort of the big feeling that I'm getting from this is like this is a lot.
[00:42:50.560 --> 00:42:54.720] And but you know, I also run a brick and mortar store, so I know what it means to be up to the fire codes.
[00:42:54.720 --> 00:42:55.680] And like, I know what it pays.
[00:42:56.080 --> 00:42:59.920] Their sales tax remittances, like, they will come put a chain around your door.
[00:42:59.920 --> 00:43:00.480] Yeah, they will.
[00:43:01.840 --> 00:43:03.440] Like, it is no joke.
[00:43:03.440 --> 00:43:03.760] Right.
[00:43:03.760 --> 00:43:08.240] So I have long been in like an area of business where you just follow rules that are there.
[00:43:08.240 --> 00:43:13.200] And it was fun to do business in a realm where there were no rules, kind of, for a little while.
[00:43:13.200 --> 00:43:17.120] But it does make me feel generally better that rules are being put in place.
[00:43:17.120 --> 00:43:21.680] Because not only does it protect, you know, our customers, it really protects us as well.
[00:43:21.680 --> 00:43:27.600] Because we are also, like, I'm also buying things from people on the internet and I'm doing business in that way.
[00:43:27.840 --> 00:43:32.160] So knowing that I'm protected sort of from both sides also feels really great.
[00:43:32.160 --> 00:43:32.480] Yeah.
[00:43:32.480 --> 00:43:40.000] And I don't want to, I made a note: like, I don't want the bosses listening to freak out and be like, I can't get started because this is too much.
[00:43:40.000 --> 00:43:42.320] That's why I really do want to hammer home.
[00:43:42.320 --> 00:43:45.600] Like, think about the risk proportionately to the size of your business.
[00:43:45.600 --> 00:43:48.480] Like, I would not let any of this keep you from starting.
[00:43:48.480 --> 00:43:52.960] But these are just kind of watch outs as you're growing to kind of keep in mind.
[00:43:52.960 --> 00:43:53.440] Yeah.
[00:43:53.440 --> 00:44:07.400] And also, you know, one of the things about the past 10, 15 years of online business is made entrepreneurship and business ownership feel so incredibly easy, like falsely easy, right?
[00:44:07.400 --> 00:44:12.840] You know, you can just like start a website and have a PayPal link and you're in business.
[00:44:12.840 --> 00:44:15.640] And that was great for 10, 15 years.
[00:44:15.640 --> 00:44:18.600] Like those of us who did that, love that for all of us.
[00:44:18.600 --> 00:44:26.920] But that is not the reality of business, like of working in the economy in this way in any other place than online business.
[00:44:26.920 --> 00:44:30.280] And it is not the case now either.
[00:44:30.280 --> 00:44:38.680] So there is an adjustment to mindset that I think has to happen around what it means to be an entrepreneur, even in the online space.
[00:44:38.680 --> 00:44:41.720] And it does involve getting buttoned up.
[00:44:42.040 --> 00:44:42.360] Yeah.
[00:44:42.360 --> 00:44:52.520] And we haven't really hit on team, but I guess that's something I'll mention too that I have seen, like with what you were saying, I think there's been an attitude for a long time that like I can just pay everyone as a contractor.
[00:44:52.520 --> 00:44:57.320] I don't need to worry about any of those employment laws don't apply to me because I'm online.
[00:44:57.320 --> 00:44:57.880] Yeah.
[00:44:57.880 --> 00:44:59.640] And that is not true.
[00:44:59.640 --> 00:45:09.320] So we, yeah, we're seeing a lot of people getting hit with unemployment audits and, you know, people not paying their taxes and the IRS coming after you.
[00:45:09.320 --> 00:45:16.440] Like there's another, again, I don't want to say don't do it, but this is like if you're hiring people, it's a real responsibility.
[00:45:16.440 --> 00:45:19.880] Like you have their livelihoods in your responsibility.
[00:45:19.880 --> 00:45:22.360] So, you know, take that seriously.
[00:45:22.360 --> 00:45:24.040] Make sure you're doing it the right way.
[00:45:24.040 --> 00:45:25.080] Absolutely.
[00:45:25.080 --> 00:45:25.560] Absolutely.
[00:45:25.640 --> 00:45:26.680] Yes, to the team stuff.
[00:45:26.680 --> 00:45:28.760] That one has been, that one's been really big.
[00:45:28.760 --> 00:45:31.480] And we can almost thank the pandemic for that, right?
[00:45:31.480 --> 00:45:35.640] I mean, everybody went online and we had to make adjustments along the way.
[00:45:35.640 --> 00:45:41.000] And as we have transitioned back out, a lot of people are left in that realm and need those protections as well.
[00:45:41.480 --> 00:45:47.040] So that facilitated it into the Wild West in that portion of how we do it as well.
[00:45:47.040 --> 00:45:50.160] What there will there be any wild left autumn?
[00:45:44.840 --> 00:45:50.640] I don't know.
[00:45:52.480 --> 00:45:53.200] Maybe not.
[00:45:53.200 --> 00:45:54.960] And I think I'm okay with that.
[00:45:54.960 --> 00:45:56.720] More or less, more or less.
[00:45:56.720 --> 00:46:03.840] We have to move into online business being a legitimate thing, right?
[00:46:03.840 --> 00:46:09.120] I think legal and legitimate have those like root words are the same for a reason, everybody.
[00:46:09.120 --> 00:46:09.840] Yeah, I like that.
[00:46:09.840 --> 00:46:11.920] I don't know Latin, but I bet that's a thing.
[00:46:11.920 --> 00:46:12.720] Yeah, I made it.
[00:46:12.720 --> 00:46:16.640] I made up that connection, but I would assume.
[00:46:16.960 --> 00:46:25.120] I mean, even in the normal business world, there's always going to be businesses that flout the rules and try and sneak around things, but they often get caught.
[00:46:25.120 --> 00:46:26.960] Like it's a house of cards.
[00:46:26.960 --> 00:46:29.360] You can only do that for so long.
[00:46:29.360 --> 00:46:30.000] Yeah.
[00:46:30.000 --> 00:46:30.560] Okay.
[00:46:30.880 --> 00:46:32.720] Well, no one do any of it.
[00:46:32.720 --> 00:46:33.840] Button up.
[00:46:33.840 --> 00:46:34.960] Do it right.
[00:46:35.360 --> 00:46:35.920] Okay.
[00:46:35.920 --> 00:46:40.240] Then last-ish question for you.
[00:46:40.560 --> 00:46:48.160] Are there any things that you can think of that you would recommend that small business owners stay on top of this year?
[00:46:48.160 --> 00:46:49.680] Or just in general?
[00:46:49.680 --> 00:46:56.880] Maybe just like a final, if you could do only one thing today, here's what you should do from autumn while you're autumn.
[00:46:56.880 --> 00:46:58.960] I'm going to give you a shameless plug.
[00:46:58.960 --> 00:46:59.600] Yeah.
[00:46:59.600 --> 00:47:02.240] Which is our emails are really good.
[00:47:02.240 --> 00:47:03.040] They are.
[00:47:03.040 --> 00:47:05.920] So they're not pitchy.
[00:47:05.920 --> 00:47:07.280] They're helpful.
[00:47:07.520 --> 00:47:09.040] We are keeping an eye on all this stuff.
[00:47:09.040 --> 00:47:13.840] So, you know, no guarantee that we're going to see everything because I don't promise that to even my own clients.
[00:47:13.840 --> 00:47:17.560] But, you know, if there's a big trend or something really big coming down the pipe?
[00:47:17.440 --> 00:47:19.280] Like, like we're going to be talking about it.
[00:47:19.280 --> 00:47:22.960] So, um, I have something special that we put together.
[00:47:23.000 --> 00:47:26.880] Um, the 2022 version is out now, and we're working on the 2023 version.
[00:47:26.880 --> 00:47:30.200] So, depending on when you listen to this, you will get the most recent version.
[00:47:29.680 --> 00:47:35.400] Um, and I'll give this link to you to throw in the show notes, but it's bit.ly/slash/awb legal report.
[00:47:35.640 --> 00:47:40.040] If you go to that link, you sign up, you will get our emails in addition to the report.
[00:47:40.440 --> 00:47:45.640] No text messages, no texts, you cannot subscribe at any time if you don't like them.
[00:47:45.640 --> 00:48:04.200] Um, but yeah, I mean, you in some way, whether it's our emails, whether it's gosh, I can't imagine like having a monthly task to like do a Google, but I mean, just in some way, you need to be kind of paying attention to people who are talking about these kinds of things because it is not something that you can really easily do for yourself.
[00:48:04.200 --> 00:48:09.880] So, yeah, outsource it to uh, to some other people who are staying on top of things for sure.
[00:48:09.880 --> 00:48:29.480] I will say that you're like, I'm not a social media consumer, it's been a long time, all the things, however, during early pandemic, when you were following all that PPP stuff and really just like sharing and updating and all the things in the way that you best do was so helpful.
[00:48:29.480 --> 00:48:34.120] And everybody, it was free, it was absolutely free.
[00:48:34.120 --> 00:48:39.240] And so, you know, hopefully, you don't have to go into anything like you had to go into that ever again.
[00:48:39.240 --> 00:48:41.160] No, please.
[00:48:41.480 --> 00:48:45.800] However, the information that you do share on the regular is incredibly helpful.
[00:48:45.800 --> 00:48:55.160] Yeah, um, and especially during certain pinpoints, have even helped me make decisions and move forward, even as someone who does work with you.
[00:48:55.160 --> 00:48:59.960] But in those cases, it was just called them online, which was great.
[00:48:59.960 --> 00:49:02.200] So, I do recommend everyone go sign up for that.
[00:49:02.200 --> 00:49:02.840] I mean, it's funny.
[00:49:02.840 --> 00:49:08.280] I had a, you know, we have, we do have special client alerts that we send out once a quarter, but a lot of our clients just get our regular emails.
[00:49:08.280 --> 00:49:11.880] And one called me today and he said, I just, I saw your email and it made me think of something.
[00:49:11.880 --> 00:49:13.480] And so I had to reach out.
[00:49:13.480 --> 00:49:19.280] So, you know, my big goal with a law firm is to help people avoid making expensive mistakes.
[00:49:14.840 --> 00:49:21.200] And most of you did not go to law school.
[00:49:21.360 --> 00:49:23.200] So you don't know what you don't know.
[00:49:23.200 --> 00:49:28.640] So you've just got to kind of keep paying attention, learn as you go, outsource where appropriate.
[00:49:28.640 --> 00:49:29.680] Absolutely.
[00:49:29.680 --> 00:49:30.480] Perfect.
[00:49:30.480 --> 00:49:35.280] Then, Autumn, where can people find more about you in general?
[00:49:35.280 --> 00:49:35.600] Yeah.
[00:49:35.600 --> 00:49:38.320] So we are AWB Firm in all the places.
[00:49:38.640 --> 00:49:39.840] That's our Instagram handle.
[00:49:39.840 --> 00:49:42.560] Our website is AWBFirm.com.
[00:49:42.800 --> 00:49:44.000] We're on LinkedIn now.
[00:49:44.000 --> 00:49:45.040] So I don't know.
[00:49:45.040 --> 00:49:47.040] We're playing around with stuff.
[00:49:48.960 --> 00:49:49.840] Perfect.
[00:49:49.840 --> 00:49:53.280] Well, we will include the links of all of those things in our show notes.
[00:49:53.280 --> 00:50:00.000] And my last and final question for you for this recording is, what's making you feel most boss?
[00:50:00.560 --> 00:50:03.360] I have to say, so I've started like dressing again.
[00:50:06.800 --> 00:50:07.520] Yes.
[00:50:07.520 --> 00:50:15.040] It's still definitely leggings on the bottom, but I've been like buying some new fun outfits and just like feeling a little more put together.
[00:50:15.040 --> 00:50:15.520] Yeah.
[00:50:15.760 --> 00:50:22.080] Makes me feel bossed to me in like a nice, you know, well-fitting, stylish outfit.
[00:50:22.080 --> 00:50:24.720] Oh, that is enjoying today's last.
[00:50:24.800 --> 00:50:25.040] I do.
[00:50:25.040 --> 00:50:25.280] It is.
[00:50:25.280 --> 00:50:25.760] It is cool.
[00:50:25.840 --> 00:50:26.400] Very correct.
[00:50:26.800 --> 00:50:28.160] You have jewelry on.
[00:50:28.160 --> 00:50:34.400] Like, from, you know, the bust, like shoulder up.
[00:50:35.040 --> 00:50:35.920] Beautiful.
[00:50:35.920 --> 00:50:40.400] Who needs to know that you are wearing leggings and probably house shoes under the tennis?
[00:50:40.800 --> 00:50:43.760] Tennis shoes today, but I do keep slippers at the office.
[00:50:43.760 --> 00:50:44.400] Yeah.
[00:50:44.800 --> 00:50:45.600] Same, same.
[00:50:45.600 --> 00:50:49.200] I will say, I have also, I have also been dressing up.
[00:50:49.200 --> 00:50:56.640] Like now that I'm working here in North Shore as well, and I have to like drive to work most days, which is kind of crazy.
[00:50:57.200 --> 00:50:58.720] Also, putting on clothes.
[00:50:58.720 --> 00:51:03.720] And like, I even find myself going to bed at night thinking about the outfit I want to wear the next day.
[00:51:03.720 --> 00:51:06.360] I sometimes like play around with different combinations.
[00:51:06.360 --> 00:51:06.520] Yes.
[00:50:59.840 --> 00:51:07.080] Yeah.
[00:51:07.320 --> 00:51:08.520] Haven't done it in a while.
[00:51:08.520 --> 00:51:09.000] I know.
[00:51:09.000 --> 00:51:09.400] Same.
[00:51:09.400 --> 00:51:10.600] I'm glad that you're enjoying that.
[00:51:10.760 --> 00:51:12.520] I'm glad that that's your answer to this.
[00:51:12.520 --> 00:51:15.080] And then I will also just say to Ome too.
[00:51:15.080 --> 00:51:16.120] Love it.
[00:51:19.000 --> 00:51:19.960] All right, boss.
[00:51:19.960 --> 00:51:25.720] Because you're here, I know you want to be a better creative business owner, which means I've got something for you.
[00:51:25.720 --> 00:51:42.280] Each week, the team at Bean Boss is scouring the news, the best entrepreneurial publications, and updates and releases of the apps and tools that run our businesses and is curating it all into a weekly email that delivers the must-know tips and tactics in the realms of mindset, money, and productivity.
[00:51:42.280 --> 00:51:44.200] This email is called Brood.
[00:51:44.200 --> 00:51:50.280] We brew it up for you each week to give you the insight you need to make decisions and move forward in your creative business.
[00:51:50.280 --> 00:51:54.760] Check it out now and sign up for yourself at beanboss.club/slash brood.
[00:51:54.760 --> 00:51:59.800] That's beanboss.club/slash B-R-E-W-E-D.
[00:51:59.800 --> 00:52:02.520] Now, until next time, do the work.
[00:52:02.520 --> 00:52:03.720] Be boss.
[00:52:30.000 --> 00:52:31.760] I'm going to use the same method for the first time.

Prompt 2: Key Takeaways

Now please extract the key takeaways from the transcript content I provided.

Extract the most important key takeaways from this part of the conversation. Use a single sentence statement (the key takeaway) rather than milquetoast descriptions like "the hosts discuss...". 

Limit the key takeaways to a maximum of 3. The key takeaways should be insightful and knowledge-additive. 

IMPORTANT: Return ONLY valid JSON, no explanations or markdown. Ensure:
- All strings are properly quoted and escaped
- No trailing commas
- All braces and brackets are balanced
Format: {"key_takeaways": ["takeaway 1", "takeaway 2"]}

Prompt 3: Segments

Now identify 2-4 distinct topical segments from this part of the conversation.

For each segment, identify:
- Descriptive title (3-6 words)  
- START timestamp when this topic begins (HH:MM:SS format)
- Double check that the timestamp is accurate - a timestamp will NEVER be greater than the total length of the audio
- Most important Key takeaway from that segment. Key takeaway must be specific and knowledge-additive.
- Brief summary of the discussion

IMPORTANT: The timestamp should mark when the topic/segment STARTS, not a range. Look for topic transitions and conversation shifts.

Return ONLY valid JSON. Ensure all strings are properly quoted, no trailing commas:
{
  "segments": [
    {
      "segment_title": "Topic Discussion", 
      "timestamp": "01:15:30",
      "key_takeaway": "main point from this segment",
      "segment_summary": "brief description of what was discussed"
    }
  ]
}

Timestamp format: HH:MM:SS (e.g., 00:05:30, 01:22:45) marking the START of each segment.

Prompt 4: Media Mentions

Now scan the transcript content I provided for ACTUAL mentions of specific media titles:

Find explicit mentions of:
- Books (with specific titles)
- Movies (with specific titles)  
- TV Shows (with specific titles)
- Music/Songs (with specific titles)

DO NOT include:
- Websites, URLs, or web services
- Other podcasts or podcast names

IMPORTANT: 
- Only include items explicitly mentioned by name. Do not invent titles.
- Valid categories are: "Book", "Movie", "TV Show", "Music"
- Include the exact phrase where each item was mentioned
- Find the nearest proximate timestamp where it appears in the conversation
- THE TIMESTAMP OF THE MEDIA MENTION IS IMPORTANT - DO NOT INVENT TIMESTAMPS AND DO NOT MISATTRIBUTE TIMESTAMPS
- Double check that the timestamp is accurate - a timestamp will NEVER be greater than the total length of the audio
- Timestamps are given as ranges, e.g. 01:13:42.520 --> 01:13:46.720. Use the EARLIER of the 2 timestamps in the range.

Return ONLY valid JSON. Ensure all strings are properly quoted and escaped, no trailing commas:
{
  "media_mentions": [
    {
      "title": "Exact Title as Mentioned",
      "category": "Book",
      "author_artist": "N/A",
      "context": "Brief context of why it was mentioned",
      "context_phrase": "The exact sentence or phrase where it was mentioned",
      "timestamp": "estimated time like 01:15:30"
    }
  ]
}

If no media is mentioned, return: {"media_mentions": []}

Full Transcript

[00:00:00.480 --> 00:00:07.360] Look, payday is awesome, but running payroll, calculating taxes and deductions, staying compliant, that's not easy.
[00:00:07.360 --> 00:00:09.360] Unless, of course, you have Gusto.
[00:00:09.360 --> 00:00:14.400] Gusto is a simple online payroll and benefits tool built for small businesses like yours.
[00:00:14.400 --> 00:00:18.400] Gusto gets your team paid while automatically filing your payroll taxes.
[00:00:18.400 --> 00:00:25.600] Plus, you can offer benefits like 401k, health insurance, and workers' comp, and it makes onboarding new employees a breeze.
[00:00:25.600 --> 00:00:28.320] We love it so much, we really do use it ourselves.
[00:00:28.320 --> 00:00:34.800] And we have four years, and I personally recommend you give it a try, no matter how small your business is.
[00:00:34.800 --> 00:00:38.960] And to sweeten the deal, just for listening today, you also get three months free.
[00:00:38.960 --> 00:00:41.360] Go to gusto.com slash beingboss.
[00:00:41.360 --> 00:00:45.200] That's gusto.com/slash beingboss.
[00:00:46.480 --> 00:00:54.000] Welcome to Being Boss, a podcast for creatives, business owners, and entrepreneurs who want to take control of their work and live life on their own terms.
[00:00:54.000 --> 00:01:06.080] I'm your host, Emily Thompson, and in this episode, I'm joined by online business lawyer Autumn Whitboy to check in on what you need to be updated on as a business owner in 2023.
[00:01:06.080 --> 00:01:11.920] You can find all the tools, books, and links we reference on the show notes at www.beingboss.club.
[00:01:11.920 --> 00:01:17.120] And if you like this episode, be sure to subscribe to this show and share us with a friend.
[00:01:18.960 --> 00:01:29.040] Whether you want to grow your business with content marketing, social media, or speaking on stages, or in highly produced Zoom rooms, I've got a podcast recommendation for you.
[00:01:29.040 --> 00:01:39.680] Cue up an episode of The Shine Online, hosted by Natasha Samuel, brought to you by the HubSpot Podcast Network, the audio destination for business professionals.
[00:01:39.680 --> 00:02:04.040] On her show, Natasha interviews the brightest entrepreneurs she knows to bring you no-fluff advice, honest discussions about the mental health and lifestyle aspect of entrepreneurship, and actionable strategies and success stories of those who've mastered the art of shining online in this conversational podcast with some hard-hitting episodes on marketing your business filling the latest of her lineup.
[00:02:04.280 --> 00:02:09.720] Give it a search and listen to The Shine Online wherever you get your podcasts.
[00:02:12.280 --> 00:02:19.160] Autumn Wittboyd is a lawyer who helps million-dollar coaches and online business owners build sustainable, profitable companies.
[00:02:19.160 --> 00:02:26.440] She provides sophisticated legal guidance with copyright and trademark protection, contracts, team building, and problem solving.
[00:02:26.440 --> 00:02:40.600] Along with her team at the AWB firm, she loves helping online educators, courses, memberships, and digital products grow their dream business with approachable advice and the right legal protections at the right time.
[00:02:40.600 --> 00:02:51.000] The AWB firm also offers customizable contract templates that are quick and easy to complete and cost a fraction of working one-on-one with a lawyer.
[00:02:51.000 --> 00:02:59.560] You can find Autumn in Chattanooga, Tennessee, hanging out with her three kids and husband, reading a good book, or sipping a glass of champagne before bedtime.
[00:02:59.560 --> 00:03:11.400] Autumn has been a regular hero on the Being Boss show over the years, and if you'd like to hear more about her, you can go check out the following episodes, all of which are found in our show notes at beingboss.club.
[00:03:11.400 --> 00:03:20.760] She has been a guest on episode number 72, 236, 252, 285, and 317.
[00:03:21.720 --> 00:03:22.520] Hi, Autumn.
[00:03:22.520 --> 00:03:23.400] Welcome back.
[00:03:23.400 --> 00:03:24.600] Hi, Emily.
[00:03:24.600 --> 00:03:26.040] It's good to see your face.
[00:03:26.040 --> 00:03:28.040] It's so good to see your face.
[00:03:28.360 --> 00:03:32.280] I feel like we have to give like a cocktail hour update.
[00:03:32.600 --> 00:03:34.680] We finally did it.
[00:03:36.360 --> 00:03:38.200] Now it takes an act of Congress.
[00:03:38.200 --> 00:03:38.600] It does.
[00:03:39.160 --> 00:03:40.280] We've got sick people.
[00:03:40.280 --> 00:03:42.600] We've got just stuff going on.
[00:03:42.920 --> 00:03:43.320] Always.
[00:03:43.640 --> 00:03:44.200] We did it.
[00:03:44.240 --> 00:03:45.120] We had the drinks.
[00:03:45.120 --> 00:03:46.320] It was lovely.
[00:03:46.320 --> 00:03:46.800] Yes.
[00:03:46.800 --> 00:03:47.120] Yeah.
[00:03:44.840 --> 00:03:47.440] Yeah.
[00:03:47.760 --> 00:03:52.560] So if this is the first time you've heard Autumn here on the show, Autumn is local to me.
[00:03:52.560 --> 00:03:54.560] She's actually just down the street from me today.
[00:03:54.560 --> 00:03:56.400] I thought we maybe could do this in person.
[00:03:56.400 --> 00:03:58.560] And I was like, that is too many things.
[00:03:58.880 --> 00:04:00.640] We have to move all of our stuff.
[00:04:00.640 --> 00:04:01.440] Too many things.
[00:04:01.600 --> 00:04:05.600] We're just going to record remotely, but very nearby.
[00:04:06.000 --> 00:04:09.360] And we like to have drinks together occasionally.
[00:04:09.680 --> 00:04:11.120] That's not the only thing we do together.
[00:04:11.360 --> 00:04:12.560] That's not the only thing.
[00:04:12.560 --> 00:04:14.400] But like, but isn't it?
[00:04:14.400 --> 00:04:15.680] Sometimes there's food.
[00:04:15.680 --> 00:04:16.720] Actually, there's always food.
[00:04:16.800 --> 00:04:18.160] There's always food.
[00:04:19.120 --> 00:04:21.360] But over the past couple of conversations.
[00:04:21.520 --> 00:04:21.680] Yes.
[00:04:21.920 --> 00:04:22.640] Indeed, indeed.
[00:04:22.640 --> 00:04:23.600] Over the past couple of years.
[00:04:23.600 --> 00:04:26.720] So it's been a little difficult because of obvious reasons.
[00:04:26.720 --> 00:04:35.520] And this year there was a couple, couple things that happened along the way, but we got together for our annual end of the year.
[00:04:35.520 --> 00:04:38.880] It's usually the last couple days of work we get together for cocktails.
[00:04:38.960 --> 00:04:40.960] We have a nice clink and it's like, cheers.
[00:04:41.120 --> 00:04:42.560] We did it again.
[00:04:42.800 --> 00:04:45.600] And it's become one of my favorite annual traditions.
[00:04:45.600 --> 00:04:48.080] And I just need everyone to know that it happened.
[00:04:48.080 --> 00:04:54.000] Well, and it was especially special this year because I had a big milestone in my business that I like just realized that day.
[00:04:54.000 --> 00:04:56.320] And it was so fun to celebrate with you in person.
[00:04:56.320 --> 00:04:56.480] Yeah.
[00:04:56.480 --> 00:04:57.520] And what was the conference?
[00:04:57.600 --> 00:04:58.560] Do you want to share?
[00:04:58.560 --> 00:04:59.120] I can.
[00:04:59.120 --> 00:04:59.520] Yeah.
[00:04:59.520 --> 00:05:04.400] We hit a million dollars in revenue last year at the AWP firm for 2022.
[00:05:04.400 --> 00:05:04.800] Right.
[00:05:04.800 --> 00:05:08.000] And I will cheers to that all day, every day.
[00:05:08.000 --> 00:05:09.360] I'm so excited for you.
[00:05:09.360 --> 00:05:16.560] And, you know, it's so funny you telling me those things because I do remember whenever we first met years ago, you were just getting started.
[00:05:16.560 --> 00:05:18.640] And here you are meeting that big milestone.
[00:05:18.640 --> 00:05:20.240] And I was a little baby boss.
[00:05:20.720 --> 00:05:22.240] You were a baby boss.
[00:05:22.240 --> 00:05:25.120] Now you are the most boss boss.
[00:05:25.440 --> 00:05:26.000] Well, good.
[00:05:26.000 --> 00:05:27.920] I'm very excited to chat with you today.
[00:05:27.920 --> 00:05:33.160] It has been a whole year since you were here recording a show for us.
[00:05:33.960 --> 00:05:39.800] I've enjoyed having you on the past couple of years to come on and do a sort of like legal recap, right?
[00:05:39.800 --> 00:05:42.040] Of like what's happening in the world of online business.
[00:05:42.040 --> 00:05:47.080] I feel like in traditional business, I mean, things change, but not super often.
[00:05:47.080 --> 00:05:54.360] But as we're in online space, things are in some cases getting defined for the first time.
[00:05:54.360 --> 00:06:01.400] So I love having you on at least once a year to get us all up to date as to what is happening.
[00:06:01.400 --> 00:06:04.600] But before we get on to that, I want to know what's been happening with you.
[00:06:04.600 --> 00:06:10.760] So you reached a big milestone, but what did 2022 look like for you and your firm?
[00:06:11.080 --> 00:06:13.160] Yeah, it was a great year.
[00:06:13.160 --> 00:06:14.600] We obviously.
[00:06:14.600 --> 00:06:15.240] Yeah.
[00:06:17.160 --> 00:06:22.200] We really kind of focused on loving on our current clients last year.
[00:06:22.200 --> 00:06:24.760] So we did not onboard as many new clients.
[00:06:25.320 --> 00:06:34.840] We had some changes in personnel, which, you know, can be challenging and can take time to, you know, offboard, find the new right fit, you know, bring them into our culture.
[00:06:35.080 --> 00:06:44.360] So we kind of took the time we might have spent on marketing and really kind of, like I said, loved on our current clients and, you know, really focused on building the team and making that really strong.
[00:06:44.360 --> 00:06:53.800] So we ended the year, I think, more, I don't know, intertwined or more of, I think we've become a really integral part of a lot of our clients' businesses.
[00:06:53.800 --> 00:06:56.040] And that is just an absolute joy for us.
[00:06:56.040 --> 00:06:58.760] We really love supporting them that way and having them.
[00:06:58.760 --> 00:07:11.880] I don't love them calling us when things are going bad, but it is, you know, we love celebrating with them, like when they hit big milestones or they're bringing on new team members, launching something new, and then, you know, being there to kind of hold their hand when things are not going so well.
[00:07:11.880 --> 00:07:14.760] So, that was pretty much our big theme of last year.
[00:07:15.040 --> 00:07:22.560] Um, we did not really, we, we, we, we were literally almost at that revenue mark the year before, so we really didn't grow a lot.
[00:07:22.560 --> 00:07:24.800] Um, but we had grown a lot the prior two years.
[00:07:24.800 --> 00:07:26.720] So, the last year was kind of a stabilizing year.
[00:07:26.720 --> 00:07:34.240] Like, we had to rebuild some of our systems to just accommodate the number of projects that our current clients are sending us, which is which is great.
[00:07:34.240 --> 00:07:39.920] Yeah, and I don't do that work, that is not my gift, but we have an amazing team member who does.
[00:07:39.920 --> 00:07:42.480] So, shout out to Brooke, our systems person.
[00:07:42.480 --> 00:07:44.320] Yeah, yeah, amazing.
[00:07:44.320 --> 00:07:52.720] It's it's so fun hearing from business owners who are in those phases and then looking at the year ahead.
[00:07:52.720 --> 00:08:00.800] Because I feel like over the past couple of years, we've all had a year or two over the past couple where it's like this, where like things need to be stabilized.
[00:08:00.800 --> 00:08:10.560] Like, you've grown a whole lot, and then you've hired some and you've had to go in and fix some things in the business to make things run more smoothly, whatever it may be.
[00:08:10.560 --> 00:08:22.560] And then there's a year where ideally you get to enjoy that and capitalize on it in a way that, like, you know, you've done all the hard work and you've created the structure.
[00:08:22.560 --> 00:08:24.080] Now, what can the business do?
[00:08:24.080 --> 00:08:26.320] And I feel like this gets to be that year for you.
[00:08:26.320 --> 00:08:26.960] I think so.
[00:08:26.960 --> 00:08:27.200] Yeah.
[00:08:27.200 --> 00:08:31.360] I don't want to say we're going to coast because I think we're going to kind of take off like a rocket a little bit.
[00:08:31.360 --> 00:08:32.080] Soar.
[00:08:32.080 --> 00:08:32.400] Yeah.
[00:08:32.880 --> 00:08:34.960] So, yeah, that's great.
[00:08:34.960 --> 00:08:38.480] Similar vibe, but like, but different, but different.
[00:08:38.480 --> 00:08:39.200] Okay, good.
[00:08:39.200 --> 00:08:40.320] That's very exciting.
[00:08:40.320 --> 00:08:52.160] I'm very, very glad to hear that you're moving into 2023 with such opportunity on the horizon and with such a great like business structure beneath you to help you do the thing.
[00:08:53.600 --> 00:09:00.120] Now let's talk about all the dirty work or not.
[00:09:00.120 --> 00:09:01.080] That is unfair.
[00:08:59.600 --> 00:09:02.840] I should not call it the dirty work.
[00:08:59.840 --> 00:09:05.640] This is, these are the things that it's funny.
[00:09:05.800 --> 00:09:08.760] It keeps us up all night thinking about all these things.
[00:09:08.920 --> 00:09:10.760] This is literally your day-to-day job, right?
[00:09:10.760 --> 00:09:11.880] All of these like legal things.
[00:09:11.960 --> 00:09:13.000] We see all the bad stuff.
[00:09:13.320 --> 00:09:18.440] All the things that are getting defined and thrown at us at any moment, whatever it may be.
[00:09:18.440 --> 00:09:23.000] So let's, I want to sort of go at this in two different ways.
[00:09:23.000 --> 00:09:26.600] One, I think obviously there's the opportunity to talk about like what's new?
[00:09:26.600 --> 00:09:28.360] What do we need to look out for this year?
[00:09:28.360 --> 00:09:29.560] All those sorts of things.
[00:09:29.560 --> 00:09:34.920] But I also want to think of this for bosses who may be listening.
[00:09:34.920 --> 00:09:40.280] You know, we've been doing sort of this, having you on the show in this way for a couple of years.
[00:09:40.280 --> 00:09:47.640] And I love that it creates an opportunity for everyone to think about what's happening legally in their business every year.
[00:09:47.640 --> 00:09:53.240] So even if you listening aren't doing this on your own, just by listening, you're kind of doing it.
[00:09:54.520 --> 00:10:06.360] So I'd like to know from you, from that standpoint, when it comes to doing an annual check-in in your business around legal things, what can or should that look like?
[00:10:06.680 --> 00:10:07.160] Yeah.
[00:10:07.160 --> 00:10:12.920] At a bare minimum, the number one thing, you'll hear me say this again, like contracts, contracts, contracts.
[00:10:13.560 --> 00:10:18.520] That is, in my opinion, and I'll give my standard disclaimer since we're jumping into the legal stuff.
[00:10:18.520 --> 00:10:19.240] I am a lawyer.
[00:10:19.240 --> 00:10:22.760] I'm not anyone's lawyer who's listening except Emily, probably.
[00:10:23.480 --> 00:10:25.480] So please, you know, this is not legal advice.
[00:10:25.480 --> 00:10:27.640] This is just information to get your wheels turning.
[00:10:27.880 --> 00:10:31.080] But so in my, you know, I'm only one lawyer, but this is my opinion.
[00:10:31.080 --> 00:10:35.160] I think contracts are the fundamental legal protection for every business.
[00:10:35.400 --> 00:10:41.560] When we see problems, it is almost always like the first question we ask is, let me see the contract.
[00:10:41.800 --> 00:10:44.800] That is always our starting point when we're trying to look at these things.
[00:10:44.440 --> 00:10:51.360] So I highly recommend at least once a year, you are reviewing whatever your biggest money maker is.
[00:10:51.680 --> 00:10:54.000] So that's going to vary depending on your business.
[00:10:54.240 --> 00:10:56.880] If you're consulting one-on-one, that may be your client contract.
[00:10:56.880 --> 00:11:02.640] If you're selling online courses or info products, that may be your terms of use or terms and conditions.
[00:11:03.040 --> 00:11:16.800] But pull that out, dust it off, and take a look because we change so quickly, especially in the online business world, that we're constantly tweaking or trying to improve things, or we get feedback, or there's a problem.
[00:11:17.360 --> 00:11:22.800] But often we don't think to update our contracts to reflect the new or different way that we're doing things.
[00:11:22.800 --> 00:11:25.040] So pull it out, give it a quick read.
[00:11:25.040 --> 00:11:26.640] You know, there may just be some little edits.
[00:11:26.640 --> 00:11:28.160] You don't have to work with a lawyer on this.
[00:11:28.160 --> 00:11:32.000] Like, it may just be you need to adjust some things and you can do that on your own.
[00:11:32.480 --> 00:11:40.320] Or I will say, if you have had significant client, you know, significant issues, I always ask when I'm talking with a new client, like, where is their friction?
[00:11:40.320 --> 00:11:44.320] What has been causing you, you know, like you said, sleepless nights this year?
[00:11:44.640 --> 00:11:50.640] And if it's the same thing over and over, it may be that you would benefit from talking with a lawyer.
[00:11:50.640 --> 00:11:57.360] You know, some of those things are just business, but some of them can be, you know, made a little better with a little legal support.
[00:11:57.360 --> 00:11:57.760] Yeah.
[00:11:57.760 --> 00:12:07.840] I couldn't tell you how many times I've gone back and look at contracts that I've been using for, you know, a year plus and I read it and I'm like, oh, I forgot it said all of these things.
[00:12:07.840 --> 00:12:11.760] Or that thing that kept coming up was something that was actually defined in the contract.
[00:12:11.760 --> 00:12:20.000] So I think, like, yes, looking at it through the lens of like, what do I need to change, but also just update yourself on what your own terms and conditions are.
[00:12:20.160 --> 00:12:21.920] Like, oh, I said I could charge a late fee.
[00:12:21.920 --> 00:12:23.280] I've been having a lot of late payments.
[00:12:23.520 --> 00:12:25.360] Maybe I should start doing that.
[00:12:25.360 --> 00:12:26.080] Yes, exactly.
[00:12:27.200 --> 00:12:27.520] Yeah.
[00:12:27.520 --> 00:12:29.600] So, okay, reading contracts, that's perfect.
[00:12:29.600 --> 00:12:34.200] What about like, is what about like website terms and conditions?
[00:12:34.520 --> 00:12:38.120] Is that one that we really should be looking at every year?
[00:12:38.120 --> 00:12:39.400] I have great news for you.
[00:12:39.400 --> 00:12:41.720] Those are basically set and forget it.
[00:12:41.720 --> 00:12:42.760] Oh, nice.
[00:12:42.760 --> 00:12:43.160] Yeah.
[00:12:43.160 --> 00:12:53.880] So, unless you, again, unless you've made like huge changes to the type of business or, you know, what you're doing, your website terms and conditions are just kind of, I call them the rules of the road for people who visit your website.
[00:12:53.880 --> 00:13:06.200] So they're kind of just usually if you use a template like ours, it's you know, things like you can't copy our photos without our permission, kind of any disclaimers or things like that, but they're pretty, it's pretty boilerplate.
[00:13:06.200 --> 00:13:16.600] So that is not really going to need a lot of, I mean, maybe look at them every couple of years, but if you change your corporate entity or your address or something, but most of that is not really changing.
[00:13:16.600 --> 00:13:17.240] Perfect.
[00:13:17.240 --> 00:13:17.960] Anything else?
[00:13:17.960 --> 00:13:19.720] Anything else we should be looking at?
[00:13:19.720 --> 00:13:24.120] The privacy policy is one that does need to be updated from time to time.
[00:13:24.120 --> 00:13:24.520] Yep.
[00:13:24.680 --> 00:13:27.720] So I know we'll hit on that a little bit later in our agenda.
[00:13:27.720 --> 00:13:41.160] But, you know, kind of if, especially if you haven't updated yours since before 2018, which was when there was a big, big change in the EU and the UK called GDPR, that you definitely need to do a little updating.
[00:13:41.160 --> 00:13:42.440] Again, that would make significant things.
[00:13:43.000 --> 00:13:45.640] Yeah, you don't have to write this from scratch.
[00:13:46.040 --> 00:13:47.800] Lawyers don't write anything from scratch.
[00:13:49.240 --> 00:13:51.080] We are never reinventing the wheel.
[00:13:51.080 --> 00:13:53.480] So we use templates and things too.
[00:13:53.480 --> 00:13:54.120] Awesome.
[00:13:54.120 --> 00:13:55.560] Anything else?
[00:13:55.560 --> 00:13:56.840] No, those are the big ones.
[00:13:57.000 --> 00:14:05.000] I will say the issue that we have seen the most this year, as far as disputes with our clients, is people asking for refunds.
[00:14:05.000 --> 00:14:08.360] We have just been like, there's been a deluge of refund requests.
[00:14:08.360 --> 00:14:11.800] And then our clients are trying to decide, am I going to give a refund?
[00:14:11.800 --> 00:14:15.520] If I do, do I want to put some kind of guardrails around that?
[00:14:15.520 --> 00:14:18.240] Like, you know, am I going to kick them out of the program?
[00:14:14.760 --> 00:14:21.440] Am I going to require that they don't speak badly about me?
[00:14:23.040 --> 00:14:26.640] So if you are seeing that come up in your business, I would just say you're not alone.
[00:14:26.640 --> 00:14:27.600] We are seeing a lot of that.
[00:14:27.600 --> 00:14:29.520] I think part of it is the economy.
[00:14:29.840 --> 00:14:34.960] I think part of it is, you know, we're two to three years past the pandemic surge in online education.
[00:14:34.960 --> 00:14:36.560] And I think people are savvier.
[00:14:36.560 --> 00:14:39.520] I think they're taking a closer look at what they're buying.
[00:14:39.520 --> 00:14:45.760] And frankly, if they don't feel like they're getting what they were sold, they are not afraid to ask for a refund.
[00:14:46.240 --> 00:14:52.800] So I would just, as you are reviewing your contracts, make sure that you have a refund policy at all.
[00:14:53.360 --> 00:14:56.320] Even if that is no refunds, that should be in your contract.
[00:14:56.640 --> 00:15:02.800] And if you've seen, again, if that's one of your areas of friction, that may be something you want to look at, kind of how you're handling those.
[00:15:02.800 --> 00:15:03.280] Awesome.
[00:15:03.280 --> 00:15:04.080] Great tips.
[00:15:04.080 --> 00:15:07.280] Then, everyone, that's a small to-do list for you, right?
[00:15:07.280 --> 00:15:07.600] Short.
[00:15:07.600 --> 00:15:08.240] It's very short.
[00:15:08.560 --> 00:15:12.720] If you haven't done these things for yourself yet, go refresh yourself on a couple of things.
[00:15:12.720 --> 00:15:21.600] Make some edits as you can, and you'll be more legally ready to slide in or slide further into this year.
[00:15:21.600 --> 00:15:22.720] To soar.
[00:15:22.720 --> 00:15:23.680] To soar.
[00:15:23.680 --> 00:15:24.240] In 2020.
[00:15:24.400 --> 00:15:25.120] As needed.
[00:15:25.120 --> 00:15:25.760] As needed.
[00:15:25.760 --> 00:15:26.560] Perfect.
[00:15:26.560 --> 00:15:31.760] Then let's get into sort of what's happening these days or what is new?
[00:15:31.760 --> 00:15:33.920] What we need to be touching base on.
[00:15:34.240 --> 00:15:35.280] I will never forget.
[00:15:35.280 --> 00:15:37.760] You brought up GDPR a few minutes ago.
[00:15:37.760 --> 00:15:39.840] I will never forget that spring.
[00:15:39.840 --> 00:15:41.760] Like there was a PTSD.
[00:15:42.880 --> 00:15:44.880] You said that and my face went crazy.
[00:15:45.440 --> 00:15:47.440] Were you still doing web design then, Emily?
[00:15:47.440 --> 00:15:48.240] I'm trying to remember.
[00:15:49.040 --> 00:15:53.440] Not, no, I was, I was, I was shutting down, I think, at that point.
[00:15:53.440 --> 00:15:56.800] I was shut, I was getting rid of my clients at that point.
[00:15:56.800 --> 00:15:58.800] I did not do, God bless.
[00:15:58.800 --> 00:16:03.080] That would have been the final straw for sure if I had been still doing them.
[00:16:03.400 --> 00:16:17.720] Um, but I do remember a series of conversations that felt like unfortunate events that went from like the high of the being boss book coming out and then having lunch with you one day and you being like, So, have you heard of GDPR?
[00:16:17.720 --> 00:16:19.560] And I'm like, No, what's that?
[00:16:19.560 --> 00:16:23.160] And you were like, It goes into effect like in three weeks or something.
[00:16:23.160 --> 00:16:25.400] And I was, it blew my mind.
[00:16:25.400 --> 00:16:27.000] Yeah, blew my mind in 2018.
[00:16:27.000 --> 00:16:28.040] I will never forget.
[00:16:28.040 --> 00:16:34.200] That was a hard time for a lot of people.
[00:16:34.200 --> 00:16:36.920] So, that one really blindsided me.
[00:16:36.920 --> 00:16:48.360] And since then, I feel like that was also very much so a wake-up call for me at that point, of like, okay, this online business thing is not the wild, wild west anymore, right?
[00:16:48.360 --> 00:16:50.280] There, we have to start buttoning up.
[00:16:50.280 --> 00:16:58.120] We can't just be like, you know, free-flowing out there, doing, making, selling whatever we want under whatever terms we sort of make up.
[00:16:58.120 --> 00:17:08.200] Not only is there like structures for doing business, but governments are literally getting involved and want us to like, they want us to button up.
[00:17:08.200 --> 00:17:27.960] So, I remember that being a really shift in my mindset around doing business and doing online business and really put legal stuff at the forefront: if you're going to show up and do work in any space, but even in the online space, you better be ready to know what's going on around you.
[00:17:27.960 --> 00:17:39.240] So, with that said, especially considering how quickly online business stuff changes, what are you seeing happening this year that we all need to be made aware of?
[00:17:39.560 --> 00:17:41.960] Yeah, so I've got three things on my list.
[00:17:42.600 --> 00:17:49.920] So, let's start with: this is not new, but I think we're seeing more, like you said, online business kind of waking up to this.
[00:17:50.080 --> 00:17:57.760] So we're starting to see more enforcement, and that's Federal Trade Commission regulations, which is like the most boring thing that you can imagine.
[00:17:57.760 --> 00:18:00.480] But this is basically think of truth in advertising.
[00:18:00.880 --> 00:18:02.160] So this is not new.
[00:18:02.160 --> 00:18:04.800] There's been laws on the books and regulations for a long time.
[00:18:04.800 --> 00:18:08.160] Basically, you're not allowed to lie to people in your sales and marketing activities.
[00:18:08.240 --> 00:18:10.160] You can't sell snake oil anymore.
[00:18:10.160 --> 00:18:11.920] You're not supposed to.
[00:18:12.240 --> 00:18:13.360] Plenty of people do.
[00:18:13.760 --> 00:18:14.480] Not legally.
[00:18:14.800 --> 00:18:16.960] They get that letter from the FTC.
[00:18:17.280 --> 00:18:17.760] Yep.
[00:18:17.760 --> 00:18:21.440] Or they get a complaint filed with the state attorney general.
[00:18:21.440 --> 00:18:23.280] So we're just starting to see more of that.
[00:18:23.280 --> 00:18:26.320] I've had that pop up against a couple of my clients this year.
[00:18:27.120 --> 00:18:29.360] So they are definitely taking notice.
[00:18:29.360 --> 00:18:35.520] I think the online business industry has been a little bit, you know, kind of off on an island.
[00:18:35.520 --> 00:18:40.560] Like you said, nobody's really been paying attention, but it's grown a lot.
[00:18:40.560 --> 00:18:42.960] A lot more, you know, regular people are investing.
[00:18:42.960 --> 00:18:46.960] And so I think it's just starting to be on the radar of law enforcement.
[00:18:46.960 --> 00:18:48.960] So that means all kinds of things.
[00:18:48.960 --> 00:18:54.160] But I would say the biggest things we're seeing are what kinds of claims are you making in your marketing?
[00:18:54.160 --> 00:18:57.680] And we're seeing that most around like health and wellness, especially weight loss.
[00:18:57.680 --> 00:19:10.960] So if you're like promising someone they can lose a certain amount of weight, or if you're using testimonials of people with that have numbers in them, that is just something to be aware that you should be, again, just be checking into this, seeing what you need to do.
[00:19:11.280 --> 00:19:16.480] And then any kind of like business coaching or course around helping you make more money.
[00:19:16.720 --> 00:19:20.560] The FTC is very sensitive to get rich quick schemes.
[00:19:20.560 --> 00:19:27.600] And I know none of us think that we are doing that, but when you, I've been like paying attention to some of the decisions that have been coming out.
[00:19:27.840 --> 00:19:34.840] There was a housewife who is being sentenced, who pled guilty to some crimes involving a get-rich-quick scheme.
[00:19:34.840 --> 00:19:36.200] And you're like, that is crazy.
[00:19:36.200 --> 00:19:40.520] But then you look at it, you're like, oh, that's not that different than a lot of the things I'm seeing.
[00:19:41.480 --> 00:19:44.920] So just again, be aware that there are rules around this stuff.
[00:19:44.920 --> 00:19:48.600] And I think for a long time, people have been kind of acting like they can do whatever they want.
[00:19:48.600 --> 00:19:51.960] And those chickens are coming home to roost a little bit.
[00:19:51.960 --> 00:19:53.160] Indeed.
[00:19:53.160 --> 00:19:56.280] And they're bringing some friends with them, it sounds like.
[00:19:56.280 --> 00:19:56.600] Okay.
[00:19:57.000 --> 00:19:57.560] Yeah.
[00:19:57.560 --> 00:20:00.440] I have a couple of questions around this because this is a big one.
[00:20:00.440 --> 00:20:02.680] I've been seeing some of these things as well.
[00:20:02.680 --> 00:20:04.280] And it is just generally tough.
[00:20:04.280 --> 00:20:09.720] I mean, we all, you know, we all fancy ourselves sales copy writers at some point.
[00:20:09.720 --> 00:20:18.680] But if we don't know how it works, like in the real world, because isn't it also kind of fun that online world is now becoming more of the real world?
[00:20:18.680 --> 00:20:21.480] Well, like we're not just operating on the fringes.
[00:20:21.960 --> 00:20:27.320] I know I used to always say, like, in my little corner of the internet, well, it's like, it's gotten to be a bit a lot better corner.
[00:20:27.320 --> 00:20:28.520] Yeah, for sure.
[00:20:28.920 --> 00:20:30.600] But what is this actually look like?
[00:20:30.600 --> 00:20:31.720] You mentioned health and wellness.
[00:20:31.720 --> 00:20:33.480] You mentioned testimonials.
[00:20:33.480 --> 00:20:35.720] Are you talking sales pages?
[00:20:35.720 --> 00:20:37.720] Are you talking email marketing?
[00:20:37.720 --> 00:20:39.400] Are you talking social media?
[00:20:39.400 --> 00:20:43.160] Like, where are you seeing this happen the most?
[00:20:43.480 --> 00:20:44.520] All of the above.
[00:20:44.520 --> 00:20:44.920] Yeah.
[00:20:45.160 --> 00:20:48.520] The more public-facing ones are obviously the ones that are going to get more attention.
[00:20:48.520 --> 00:20:53.640] So social media posts, any paid traffic, you know, paid traffic, paid ads.
[00:20:54.760 --> 00:20:56.920] The emails are usually a little more behind the scenes.
[00:20:56.920 --> 00:20:59.240] But yeah, sales pages certainly as well.
[00:20:59.240 --> 00:21:04.200] So, you know, think anything public-facing is going to be, you need to be especially careful there.
[00:21:04.200 --> 00:21:10.440] Although, certainly, we have had clients that, you know, their sales emails were forwarded to the local authorities as well.
[00:21:10.440 --> 00:21:13.240] So, and people can record phone calls.
[00:21:13.240 --> 00:21:18.080] Like, we have some clients who are doing, you know, sales over the phone, which can be a very high-pressure tactic.
[00:21:18.240 --> 00:21:28.160] You know, I think another thing to keep in mind is the more high-pressure tactics you're using, the more it starts to look like you are being, you could be violating these rules.
[00:21:28.160 --> 00:21:28.720] Sure.
[00:21:28.720 --> 00:21:29.040] Okay.
[00:21:29.040 --> 00:21:39.040] And if someone is like, oh, maybe my testimonials are off or my sales copy is sure convincing or whatever it may be.
[00:21:39.040 --> 00:21:39.760] What would it look like?
[00:21:41.360 --> 00:21:44.320] Maybe I'm just pushing the envelope a little bit.
[00:21:44.320 --> 00:21:46.000] What would a review look like?
[00:21:46.000 --> 00:21:50.080] And what would it look like to fix some of those things?
[00:21:50.400 --> 00:21:50.800] Yeah.
[00:21:50.800 --> 00:21:52.400] So I think we've talked about this before.
[00:21:52.400 --> 00:22:01.280] I take, and again, I'm one lawyer with one viewpoint, but this is how I like to look at things: is you're, when we talk about legal protections, I'm always thinking about risk.
[00:22:01.280 --> 00:22:04.080] So what is the risk that something really terrible could happen?
[00:22:04.080 --> 00:22:12.560] So with this kind of thing, we're thinking, you know, what is the risk that somebody could invest in something you're selling and lose all their money and get angry and report you to the FTC?
[00:22:12.560 --> 00:22:16.160] The FTC or a state attorney general could come after you.
[00:22:16.480 --> 00:22:26.960] If your business is very small, you know, under $100,000 revenue, maybe you work with 5 to 100 people a year, you are very low risk at any of this.
[00:22:26.960 --> 00:22:29.280] You know, you're probably not selling things for that much.
[00:22:29.280 --> 00:22:31.280] Your volume is not that high.
[00:22:31.760 --> 00:22:39.600] So this is something like, of course, I at least really value running an ethical business and complying with rules and regulations as part of that.
[00:22:40.400 --> 00:22:43.120] Every person gets to make their own decision about where they land on that.
[00:22:43.360 --> 00:22:49.680] There are plenty of big corporations that are aware of the laws and hire lawyers to figure out how they can skirt around them.
[00:22:50.800 --> 00:22:52.960] So, you know, think about your values.
[00:22:52.960 --> 00:22:56.240] Think about the size of your business and what is your risk.
[00:22:56.240 --> 00:23:01.320] As you get bigger, as your profile rises, you are more at risk.
[00:22:59.360 --> 00:23:11.400] So, you know, where I'm seeing this start to come into play more is with my, you know, clients who are doing multi-million dollars in revenue a year or who have a very substantial social media following.
[00:23:11.400 --> 00:23:13.720] So those are two kind of things to keep in mind.
[00:23:13.960 --> 00:23:22.360] So if you are in that range or approaching it, or you think like I might be there in another year or two, you know, we've been doing this for some of our clients.
[00:23:22.360 --> 00:23:25.560] It's really just taking a look at the marketing materials.
[00:23:25.560 --> 00:23:37.080] It usually takes a couple hours, you know, reviewing them, comparing them to the laws and the regulations and seeing, you know, are there some tweaks we'd recommend or are we talking about a whole overhaul of your whole, you know, kind of marketing campaigns?
[00:23:37.080 --> 00:23:42.200] It kind of varies depending on, you know, I have some clients that have, you know, like six funnels with 100 emails.
[00:23:42.200 --> 00:23:46.920] And, you know, it can, it can vary depending on what your business marketing looks like.
[00:23:46.920 --> 00:23:47.240] Right.
[00:23:47.240 --> 00:23:54.440] And I would say for anyone who's not there yet and who's like, this isn't, you know, a problem, or also I want to do it right.
[00:23:54.440 --> 00:23:59.720] A lot can be said about starting things well.
[00:23:59.720 --> 00:24:00.520] Yes.
[00:24:00.840 --> 00:24:01.240] Right?
[00:24:01.480 --> 00:24:01.720] Yeah.
[00:24:01.720 --> 00:24:05.160] It's easier not to have to go back and rewrite all those emails later.
[00:24:05.160 --> 00:24:05.640] Yeah.
[00:24:05.640 --> 00:24:06.200] Yeah.
[00:24:06.200 --> 00:24:12.120] Do some honest business from the get-go and it becomes significantly easier as you grow.
[00:24:12.120 --> 00:24:16.520] Well, the and the bonus is you're going to have less refund requests.
[00:24:16.520 --> 00:24:19.080] Like, just everything is going to run more smoothly.
[00:24:19.080 --> 00:24:20.280] I have found.
[00:24:20.600 --> 00:24:21.320] Absolutely.
[00:24:21.320 --> 00:24:25.160] Less churn, less people, you know, more people are going to send their friends to you.
[00:24:25.160 --> 00:24:28.760] I just think there's so many benefits to running your business that way.
[00:24:29.400 --> 00:24:34.680] Growing a business can feel like the Wild West, but there's a better CRM in town, HubSpot.
[00:24:34.680 --> 00:24:41.640] HubSpot CRM keeps all your teams on the same page, so you can spend less time managing your software and more time connecting with your customers.
[00:24:41.640 --> 00:24:48.240] When you hit your wagon to HubSpot CRM, your marketing, sales, operations, and service teams all have access to the same data.
[00:24:48.240 --> 00:24:53.120] Sales teams won't miss out on qualified leads, and marketing teams know where best to promote their offers.
[00:24:53.120 --> 00:24:55.120] That's how the Wild West is won.
[00:24:55.120 --> 00:24:57.200] Learn more at HubSpot.com.
[00:24:57.200 --> 00:24:59.680] HubSpot grow better.
[00:25:01.280 --> 00:25:07.120] So FTC breathing down our necks is one, as they should, and as they should.
[00:25:07.600 --> 00:25:09.040] They're here to protect the customers.
[00:25:09.040 --> 00:25:10.640] So they're doing their job.
[00:25:10.640 --> 00:25:11.200] Indeed.
[00:25:11.200 --> 00:25:12.800] So FTC is one.
[00:25:12.800 --> 00:25:14.800] What is another of your three?
[00:25:15.440 --> 00:25:19.600] So we have seen a lot of action with text message marketing.
[00:25:20.160 --> 00:25:20.560] Yeah.
[00:25:21.120 --> 00:25:30.160] So if you are like me, your phone is probably blowing up with like doctor appointment reminders and all the, it makes me crazy because I'm old.
[00:25:30.320 --> 00:25:36.480] I'm like, I just wish you would not text me because it feels like a to-do item and I have to look at it.
[00:25:36.800 --> 00:25:37.120] Yep.
[00:25:37.360 --> 00:25:39.120] You know, I kind of, I kind of hate texts.
[00:25:39.120 --> 00:25:40.720] I know lots of people love them.
[00:25:40.720 --> 00:25:42.960] And they're very effective in marketing.
[00:25:42.960 --> 00:25:46.960] So we are seeing more and more businesses use them, especially online businesses.
[00:25:47.120 --> 00:25:48.160] I don't know about you, Emily.
[00:25:48.160 --> 00:25:51.760] We're seeing them for like webinar signups or reminders.
[00:25:51.760 --> 00:25:52.240] Okay.
[00:25:52.800 --> 00:26:03.600] You know, people are using them, like I mentioned, for doctor's appointments, for, you know, if you are booking a one-on-one call with someone, sending them a reminder, you know, a lot of that.
[00:26:03.600 --> 00:26:10.560] And then also just, you know, as you would normally, as in the past or even currently, you might run an email campaign, people are running text message campaigns.
[00:26:10.720 --> 00:26:20.960] They may have like a whole sequence of sales texts that they are sending because, you know, the email inbox is more crowded and the text inbox is not yet.
[00:26:21.280 --> 00:26:29.520] So there are, it turns out, many, many rules around how you are allowed to send people texts.
[00:26:30.040 --> 00:26:41.000] And the platforms that are like allowing you to send texts are not telling anyone about that, which I kind of understand because it's not their job to be your lawyer.
[00:26:41.320 --> 00:26:45.960] But I also feel like they're kind of doing a disservice by not even ringing the alarm bell at all.
[00:26:46.520 --> 00:26:49.880] Because, and I pulled this, we'd written a memo on this.
[00:26:49.880 --> 00:26:54.280] If you, the law at issue is called the Telephone Consumer Protection Act.
[00:26:54.280 --> 00:26:58.360] It's not a new law, but it's kind of new that it's been applied to text messages.
[00:26:58.680 --> 00:27:05.240] The TCPA, if someone sues you, if you do this wrong, a consumer can sue you.
[00:27:05.240 --> 00:27:09.320] Their damages are a minimum of $500 per text.
[00:27:09.320 --> 00:27:13.640] So consider like you have a, I have a client that has like a 35-text sequence.
[00:27:13.880 --> 00:27:18.360] $500 per text, $1,500 if they find that your actions were willful.
[00:27:18.360 --> 00:27:22.840] So basically, like if you knew you were doing this the wrong way and you did it anyway.
[00:27:23.640 --> 00:27:27.080] So the damages are really high, you know, 35 times 500.
[00:27:27.080 --> 00:27:29.160] I'm bad at math, but that's a lot of money.
[00:27:30.440 --> 00:27:34.200] The other thing is, these are being filed as class actions.
[00:27:34.520 --> 00:27:46.680] So the plaintiff's lawyers know that, you know, if they find Sally who got your texts and didn't sign up for them, there's probably lots of Sally's out there that you're probably not doing this in an isolated manner.
[00:27:47.080 --> 00:27:51.800] So then we're talking about just really, really huge damages exposure.
[00:27:52.120 --> 00:27:54.360] And there are basically professional plaintiffs.
[00:27:54.360 --> 00:27:58.360] A plaintiff is the person who brings a lawsuit who's suing someone.
[00:27:58.440 --> 00:28:01.800] So there's basically professional plaintiffs who figured out that they can earn money doing this.
[00:28:01.800 --> 00:28:04.360] So they are signing up for things.
[00:28:04.360 --> 00:28:10.200] They are trying to find people who are doing it the wrong way so that they can get the texts and then file the lawsuit.
[00:28:10.200 --> 00:28:17.120] So it is, yeah, we have had some clients who have, I mean, it feels like entrapment.
[00:28:17.120 --> 00:28:21.120] It feels really gross, but there is no defense under this law.
[00:28:14.680 --> 00:28:24.320] So it's like, if you do it the wrong way, it's kind of too bad.
[00:28:24.320 --> 00:28:30.880] So this is one of those areas that I just want to, again, kind of ring the alarm bell because the text message platforms are not doing that.
[00:28:31.520 --> 00:28:37.280] Just so that people know that this is a higher risk activity in your business.
[00:28:37.280 --> 00:28:39.440] So I just want people to go in eyes wide open.
[00:28:39.440 --> 00:28:45.440] You may still decide that you want to do text messaging if it's really effective, but there is a lot of legal compliance.
[00:28:45.440 --> 00:28:47.360] I'm not going to go into unless you really want to.
[00:28:47.360 --> 00:28:49.840] I'm not going to go into all the rules.
[00:28:51.120 --> 00:28:57.600] But this is definitely an area where I would recommend consulting with a lawyer because there's internal procedures and documentation you have to do.
[00:28:57.920 --> 00:29:01.840] It is not, it's not super hard, but it's just kind of annoying.
[00:29:02.160 --> 00:29:04.000] I would not trust an online checklist.
[00:29:04.480 --> 00:29:04.800] Right.
[00:29:04.800 --> 00:29:16.480] I think we should probably schedule a chat because I literally finalized some graphics today for adding text message marketing to Almanac's newsletter stuff.
[00:29:18.480 --> 00:29:24.240] So I'll give you the like 50,000 foot view, which is you have to, they have to give their express consent.
[00:29:24.240 --> 00:29:24.640] Yes.
[00:29:24.640 --> 00:29:25.600] That's the biggest thing.
[00:29:25.600 --> 00:29:27.280] And then there's like some other things.
[00:29:27.280 --> 00:29:27.840] Yes.
[00:29:27.920 --> 00:29:37.520] But you can't just like have a spot on a form where they can fill out their cell phone number and then just start blasting them, which I've definitely seen people doing.
[00:29:37.520 --> 00:29:38.400] Yeah, for sure.
[00:29:38.400 --> 00:29:42.240] No, as we have been putting things in place, we've been researching.
[00:29:42.480 --> 00:29:48.080] I knew that there was some regulations around this and I know that I want to do things well from the beginning as much as possible.
[00:29:48.080 --> 00:29:53.120] So we've done a good bit of research and things and been very careful about starting it and doing it slowly.
[00:29:53.120 --> 00:29:55.040] This is not some half-baked idea.
[00:29:55.040 --> 00:29:59.920] I was like, you know, two days ago, I was like, everybody needs a change of direction yesterday.
[00:30:00.760 --> 00:30:01.400] Right.
[00:30:01.400 --> 00:30:05.640] No, we've been working on this for about six months and really like taking your time to do some research.
[00:30:05.640 --> 00:30:08.920] But I do think it probably would be ideal to have a chat about it.
[00:30:10.600 --> 00:30:19.080] Because too, you know, even in the being boss community, there's occasionally conversations that come up around text message marketing.
[00:30:19.080 --> 00:30:22.120] And really, really, it is incredibly effective.
[00:30:22.120 --> 00:30:26.680] The open rates and the click-through rates are really tempting.
[00:30:26.680 --> 00:30:29.000] Well, and I'm definitely not saying don't do it.
[00:30:29.000 --> 00:30:31.080] I just want you to do it the right way.
[00:30:31.080 --> 00:30:34.200] And there's just like a couple things you have to do.
[00:30:34.600 --> 00:30:41.240] Nobody wants to get the letter that one of my clients got that is really scary or get the lawsuit delivered to your door.
[00:30:41.480 --> 00:30:41.720] Yeah.
[00:30:41.720 --> 00:30:42.120] Nope.
[00:30:42.440 --> 00:30:44.440] Let's stay on the right side of that.
[00:30:44.440 --> 00:30:45.160] Absolutely.
[00:30:45.160 --> 00:30:45.640] Absolutely.
[00:30:45.640 --> 00:30:49.800] So as everyone is hearing, you know, all the things about text message marketing.
[00:30:49.800 --> 00:30:57.400] Also, if I can like, you know, finger on the pulse, you know how I'm always like, you know, get off social media five years before everyone gets off social media.
[00:30:57.880 --> 00:31:01.240] I think this text message marketing thing is going to be relatively short-lived.
[00:31:01.240 --> 00:31:02.680] Oh, I think.
[00:31:03.160 --> 00:31:15.640] And mostly because it becomes so much so fast on such a direct to your eyeballs thing that I don't think very many people are going to be really diving into this.
[00:31:15.640 --> 00:31:19.320] And if anyone does, I think they're going to get out of it really quickly.
[00:31:19.320 --> 00:31:27.000] And or the numbers are going to tank so fast that business owners don't see really the advantage of it in like traditional marketing ways.
[00:31:27.000 --> 00:31:34.280] I think there is a difference between marketing and like the doctor's appointment or, you know, marketing and your package has been delivered.
[00:31:34.920 --> 00:31:41.560] But I do think for I'm interested to see, but my inkling is that for marketing, it's going to be relatively short-lived.
[00:31:41.560 --> 00:31:42.360] I'd be curious.
[00:31:42.360 --> 00:31:45.920] It's been used hugely in political campaigns.
[00:31:45.920 --> 00:31:46.080] Yeah.
[00:31:46.160 --> 00:31:48.880] Oh, doesn't that make everybody feel gross?
[00:31:44.920 --> 00:31:51.360] Never give your cell phone number to a political campaign.
[00:31:51.680 --> 00:31:54.000] No, absolutely not.
[00:31:54.000 --> 00:32:00.640] I even got, I got a scam thing yesterday that I had like a fraudulent charge on my bank.
[00:32:00.640 --> 00:32:03.760] And I immediately went to David and was like, David, I got his text message.
[00:32:03.760 --> 00:32:04.800] I looked at it another second.
[00:32:04.800 --> 00:32:06.800] I was like, but it looks funny.
[00:32:06.800 --> 00:32:07.360] Yeah.
[00:32:07.360 --> 00:32:07.920] Yeah.
[00:32:08.880 --> 00:32:09.760] And sure enough.
[00:32:09.760 --> 00:32:20.320] So, anyway, all this to say, I do think that I'm interested to see, but I do not think that text message marketing is going to get caught on in quite the same way.
[00:32:20.320 --> 00:32:21.360] We shall see.
[00:32:21.360 --> 00:32:22.960] Okay, text marketing.
[00:32:22.960 --> 00:32:26.400] If anyone is looking, if anyone's already doing it, check yourself.
[00:32:26.400 --> 00:32:26.880] Yeah.
[00:32:26.880 --> 00:32:27.520] Right.
[00:32:27.520 --> 00:32:32.480] If you are thinking about doing it, learn everything you need to know before implementing it.
[00:32:32.480 --> 00:32:35.840] And if you're like, that's not even for me, I love that for you.
[00:32:36.320 --> 00:32:38.320] What is the last of your three?
[00:32:38.320 --> 00:32:40.800] My last three, there is California.
[00:32:40.800 --> 00:32:43.200] It's just the gift that keeps on giving.
[00:32:43.200 --> 00:32:48.960] So our friends in California last year, it's like full employment for lawyers in California.
[00:32:49.920 --> 00:32:50.400] Yeah.
[00:32:50.400 --> 00:32:52.240] So they passed a new law.
[00:32:52.240 --> 00:32:55.120] It's called the California Auto Renewal Law.
[00:32:55.600 --> 00:32:56.960] We call it ARL.
[00:32:57.200 --> 00:33:09.920] So this is meant to help the problem that I myself have faced where you sign up for a subscription either for software or, you know, I signed up for Rent the Runway several years ago and I could not cancel it.
[00:33:09.920 --> 00:33:13.840] Like I had to call and wait on the phone, wait on hold for an hour and a half.
[00:33:13.840 --> 00:33:16.480] It was a huge pain in the, you know what?
[00:33:17.280 --> 00:33:20.560] So, this law has very strict requirements now.
[00:33:20.880 --> 00:33:24.080] And if you're doing business anywhere, you're probably doing business in California.
[00:33:24.080 --> 00:33:26.560] So, it pretty much applies everywhere.
[00:33:26.560 --> 00:33:30.000] But this is for paid subscriptions that renew automatic.
[00:33:30.920 --> 00:33:38.680] So, I just want to point out it's not for payment plans that have like a start date and an end date, and you're kind of like splitting up the payments.
[00:33:38.680 --> 00:33:41.320] Those seem like subscriptions, but they're really not.
[00:33:42.120 --> 00:33:47.240] It is for think of like your Hulu subscription or Netflix.
[00:33:47.240 --> 00:33:50.280] You're paying every month, every month it just keeps on rolling.
[00:33:50.280 --> 00:33:53.000] You get charged until you tell them to stop.
[00:33:53.480 --> 00:33:58.440] So, the big thing there is there's some new rules about like the notice you have to give on the front end.
[00:33:58.440 --> 00:34:03.960] So, we've been helping some of our clients just make sure their sales pages and checkout pages are compliant.
[00:34:03.960 --> 00:34:08.520] And then there's also some rules about how easy you have to make it to cancel.
[00:34:08.760 --> 00:34:12.200] Like, there has to basically be a button or a very easy way.
[00:34:12.200 --> 00:34:18.600] You can't force somebody to get on a call with you and, you know, go through this 12-email sequence that I have seen.
[00:34:18.600 --> 00:34:20.120] You know, please don't go.
[00:34:20.120 --> 00:34:22.520] Like, that's that's not going to work anymore.
[00:34:22.520 --> 00:34:25.880] Um, and this is another one where there is a consumer right to action.
[00:34:25.880 --> 00:34:32.040] So, like, if you, Emily, try to cancel and you can't, you can file a lawsuit and you can get pretty big damages.
[00:34:32.040 --> 00:34:37.800] So, it's just another one of those that it's, it's going to start being a problem for more and more businesses.
[00:34:37.800 --> 00:34:43.800] So, but again, we should make it easy for people to end their relationship with us if they don't like it.
[00:34:43.800 --> 00:34:44.520] Indeed, indeed.
[00:34:44.520 --> 00:34:49.240] That's what I was, I think, and I think it's sort of like two-pronged, right?
[00:34:49.240 --> 00:34:51.960] Like, one of them is don't do skezy things, right?
[00:34:51.960 --> 00:34:52.280] Number one.
[00:34:52.520 --> 00:34:54.440] That could be the theme of this episode.
[00:34:56.360 --> 00:34:59.000] Indeed, indeed, don't do skezy things.
[00:34:59.000 --> 00:35:05.640] Um, number two is like is a tech thing because sometimes you're not meaning to be skeezy, right?
[00:35:05.640 --> 00:35:21.360] But the button is hard to find, and you don't, you haven't, you had like you bought a template that was not great designed for user experience, or you're using a piece of technology that you're not familiar with and you don't know how to make that button more visible, or whatever it may be.
[00:35:21.680 --> 00:35:26.320] Get your tech right as well, so that you aren't inadvertently being skeezy.
[00:35:26.320 --> 00:35:27.360] Yeah, yeah.
[00:35:27.360 --> 00:35:29.760] And I think this is going to be like GDPR.
[00:35:29.760 --> 00:35:40.080] Sorry to say it again, but like now, you know, a lot of website builders will have like a GDPR compliant privacy policy built in, and all you have to do is like click a button.
[00:35:40.080 --> 00:35:46.240] I think it's going to become like that, where templates are going to start becoming compliant with this because it's going to be very widespread.
[00:35:46.480 --> 00:35:47.600] Isn't that funny?
[00:35:47.600 --> 00:35:48.400] Isn't that funny?
[00:35:48.400 --> 00:35:56.000] I remember selling website templates back in the day, and there was, you just, does it have an about page, a cart button?
[00:35:56.320 --> 00:35:59.040] Like, you'll see the bar was low.
[00:35:59.040 --> 00:36:00.160] We're all doing our best.
[00:36:00.160 --> 00:36:00.640] Yeah.
[00:36:00.640 --> 00:36:01.040] Right.
[00:36:01.040 --> 00:36:13.360] But these days, like, I look forward to the day as someone who buys website templates, even to, you know, looking at a template and seeing the list of compliances that it meets.
[00:36:13.360 --> 00:36:14.960] Like, it is GDPR compliant.
[00:36:14.960 --> 00:36:16.240] It is this thing compliant.
[00:36:16.240 --> 00:36:18.960] It like is just generally California compliant.
[00:36:18.960 --> 00:36:24.960] Because let's face it, if it's California compliant, it's probably compliant everywhere other than like Denmark.
[00:36:24.960 --> 00:36:26.000] I don't even know.
[00:36:26.640 --> 00:36:34.720] So there, I do, I'm glad to see these things happening as someone who came from the Wild West.
[00:36:35.280 --> 00:36:47.200] Watching everything be buttoned up a little bit makes me more confident in doing business with others online in the same way that I hope my customers are comfortable doing business with me online.
[00:36:47.200 --> 00:36:48.400] Here, here.
[00:36:48.720 --> 00:36:49.280] Love it.
[00:36:49.280 --> 00:36:49.520] Okay.
[00:36:49.520 --> 00:36:53.440] So those are three really big ones.
[00:36:53.440 --> 00:36:55.360] And those are like already happening.
[00:36:55.360 --> 00:36:55.760] Yeah.
[00:36:55.760 --> 00:36:56.080] Yeah.
[00:36:56.080 --> 00:36:56.480] Yeah.
[00:36:56.720 --> 00:36:58.080] Those are not TBD.
[00:36:58.640 --> 00:36:58.960] Yeah.
[00:36:58.960 --> 00:36:59.360] Those are.
[00:36:59.440 --> 00:37:01.240] Those are real, real, real right now.
[00:37:01.240 --> 00:37:01.800] Yeah.
[00:36:59.840 --> 00:37:02.120] Okay.
[00:37:03.560 --> 00:37:06.680] Do you see anything coming down the pipeline?
[00:37:06.680 --> 00:37:10.680] Well, so we have like data and privacy on our list to talk about.
[00:37:12.760 --> 00:37:16.040] I'm not going to get political, but I don't think this Congress is going to get anything done.
[00:37:16.280 --> 00:37:19.320] So, you know, for years, there's been talk of a basically a U.S.
[00:37:19.320 --> 00:37:24.440] GDPR because our rules are so much more lax than the EU and the UK.
[00:37:24.440 --> 00:37:26.440] But I just don't think it's a priority.
[00:37:26.440 --> 00:37:28.280] So I don't really see that changing.
[00:37:28.280 --> 00:37:32.920] Although, I mean, you never know, there might be another Facebook, you know, huge data breach and maybe that changes.
[00:37:33.080 --> 00:37:41.400] But I think short of, you know, some sort of event, some sort of catastrophe that pushes, you know, I don't think that's going to happen anytime soon.
[00:37:41.960 --> 00:37:43.880] And what would this entail?
[00:37:43.880 --> 00:37:45.880] Like, is it pretty much the U.S.
[00:37:45.880 --> 00:37:49.320] version of GDPR or does it encompass other things?
[00:37:49.320 --> 00:37:51.080] I mean, who knows what it would look like in practice?
[00:37:51.080 --> 00:37:53.240] There's lots of proposals that are floating around.
[00:37:53.240 --> 00:37:59.320] But I mean, right now, I could buy a list from you and send them emails or call them.
[00:37:59.960 --> 00:38:04.760] You know, you don't have, you don't have to keep your customers' data private in the United States.
[00:38:04.760 --> 00:38:08.440] All you have to do is basically tell them what you're doing and nobody reads that.
[00:38:08.440 --> 00:38:09.000] Sure.
[00:38:09.720 --> 00:38:16.120] You don't have to give notice when someone gives you their email about what kind of emails you're going to send them or kind of what they're signing up for.
[00:38:16.120 --> 00:38:17.800] You can opt people in automatically.
[00:38:17.800 --> 00:38:22.680] I feel like every time I buy something online, I get put on a list, even though I never check that box.
[00:38:22.680 --> 00:38:24.120] Like that is allowed in the U.S.
[00:38:24.280 --> 00:38:35.000] So, you know, there's a lot of things that just would not fly under GDPR, which has much more, they just about, you know, kind of allows people to control their data a lot more than we do here.
[00:38:35.000 --> 00:38:35.400] Yeah.
[00:38:35.560 --> 00:38:38.360] We're basically for sale in the United States.
[00:38:38.360 --> 00:38:39.480] Capitalism.
[00:38:39.480 --> 00:38:39.880] Yeah.
[00:38:40.200 --> 00:38:41.480] That's great.
[00:38:41.800 --> 00:38:42.920] Capitalism.
[00:38:43.240 --> 00:38:44.880] That's super interesting.
[00:38:44.280 --> 00:38:47.840] I, I, my finger is on the pulse of most of those things.
[00:38:44.680 --> 00:38:49.600] That's why I've got to you.
[00:38:44.840 --> 00:38:51.120] But that is really fascinating.
[00:38:51.280 --> 00:38:54.080] And I think, you know, maybe it doesn't happen quickly.
[00:38:54.080 --> 00:38:59.360] I hope nothing crazy happens, but I do feel like the world is just sort of primed for those sorts of things too.
[00:38:59.760 --> 00:39:03.760] Even with GDPR, I feel like there was maybe a two-year phase-in period.
[00:39:03.760 --> 00:39:11.520] Like there was a lot of notice because there were so many big changes that had to be made, both technologically and just, you know, kind of staffing up people to handle it.
[00:39:11.520 --> 00:39:11.840] Yeah.
[00:39:11.840 --> 00:39:14.640] So it wouldn't be overnight, but we'll see.
[00:39:14.640 --> 00:39:17.360] It felt like it was overnight last time.
[00:39:19.040 --> 00:39:19.760] Anything else?
[00:39:19.760 --> 00:39:25.840] Anything else you see coming down the pipeline that we just, I just want like legal gossip is basically legal gossip.
[00:39:26.160 --> 00:39:27.200] Hmm.
[00:39:27.440 --> 00:39:28.720] Trying to think.
[00:39:29.120 --> 00:39:33.280] We are seeing, you know, we had cybersecurity on our list as well.
[00:39:33.920 --> 00:39:43.920] I mean, this is not really legal, but we've had a lot of clients with like identity theft, scams, and our clients are really tech savvy.
[00:39:43.920 --> 00:39:51.760] And so some of them have been taken advantage of in scams, been either with phishing or hacking into their email and redirecting payments.
[00:39:51.760 --> 00:40:00.080] So just be really careful if anyone is like sending you a new bank account number to redirect, even with your team members.
[00:40:00.080 --> 00:40:04.160] Like I would just, you know, never accept any of that kind of stuff over email.
[00:40:04.160 --> 00:40:07.840] Make sure you have a phone call, voice confirm is ideal.
[00:40:08.320 --> 00:40:14.240] We just got to, I think we're just going to have to be a lot more careful moving forward because the scammers have gotten so, so good.
[00:40:14.560 --> 00:40:15.040] Yeah.
[00:40:15.600 --> 00:40:17.360] I can, I can second this.
[00:40:17.360 --> 00:40:23.920] I haven't had any personal experiences, knock on wood, but I definitely know of a couple of people who have.
[00:40:23.920 --> 00:40:28.640] And it is always like, it's so, it seems so innocent when it happens.
[00:40:28.640 --> 00:40:33.400] You know, they get an email that's like, oh, sorry, like this invoice, this invoice is overdue.
[00:40:29.920 --> 00:40:34.360] Like, take care to pay.
[00:40:34.440 --> 00:40:41.480] And they're like, oh, this is like, you know, they've like it looks very legit.
[00:40:41.480 --> 00:40:42.200] It does.
[00:40:42.200 --> 00:40:48.040] The one my client was, one of my clients was taking advantage of, and it was like in a reply to an email thread.
[00:40:48.040 --> 00:40:50.200] So it was like, it did not come out of nowhere.
[00:40:50.200 --> 00:40:52.280] It was so, so sneaky.
[00:40:52.280 --> 00:40:53.160] So, yeah.
[00:40:53.160 --> 00:40:54.040] Oh, yeah.
[00:40:54.040 --> 00:40:55.080] Terrifying.
[00:40:55.080 --> 00:40:56.440] Be careful where you send your money.
[00:40:56.760 --> 00:40:57.000] Indeed.
[00:40:57.560 --> 00:40:58.040] Indeed.
[00:40:58.040 --> 00:41:01.080] And I think that even goes back to like having processes, right?
[00:41:01.080 --> 00:41:10.280] Like I was talking to someone the other day who was talking about their sort of accounts person on their team and just how buttoned up they are, right?
[00:41:10.280 --> 00:41:13.960] With like they're not sending money to anybody without like the right password.
[00:41:13.960 --> 00:41:19.480] Like, you know, whatever, which I think is smart these days.
[00:41:19.480 --> 00:41:23.880] Just sort of flippantly sending money around is not how we do business online anymore.
[00:41:24.520 --> 00:41:27.880] We make sure that is buttoned up or you're going to get scammed real easily.
[00:41:28.040 --> 00:41:30.120] Yeah, and there's really, there's no recourse.
[00:41:30.120 --> 00:41:32.120] Like when that money's gone, it's gone.
[00:41:32.120 --> 00:41:39.480] I mean, you have maybe like 24 or 48 hours to try and get it back, but it's gone real quick, usually by the time you notice it.
[00:41:39.480 --> 00:41:40.200] For sure.
[00:41:40.520 --> 00:41:41.080] Okay.
[00:41:41.720 --> 00:41:42.120] Anything else?
[00:41:42.200 --> 00:41:43.560] I don't want to end on a womp womp.
[00:41:44.360 --> 00:41:45.000] Right.
[00:41:46.920 --> 00:41:48.280] But like, but what is that?
[00:41:48.280 --> 00:41:50.280] What does a good legal note look like?
[00:41:50.280 --> 00:41:50.760] What is that?
[00:41:51.720 --> 00:42:09.400] I would say on the plus side, we are seeing like, especially after maybe having a couple of these things happen, you know, getting burned by, you know, a contractor who leaves and, you know, takes things they shouldn't or, you know, starts going after your clients or any of the things like that.
[00:42:09.400 --> 00:42:14.600] We are seeing, you know, businesses kind of putting on their big girl panties and growing up a little bit.
[00:42:14.600 --> 00:42:16.640] So, and I think that's been a theme of our conversation.
[00:42:14.840 --> 00:42:18.480] You know, we're not in the Wild, Wild West anymore.
[00:42:18.640 --> 00:42:24.880] And if you're acting like it, you're not going to have the kind of sustainable business that I think most of us want.
[00:42:24.880 --> 00:42:25.280] Yeah.
[00:42:25.600 --> 00:42:30.880] You know, I think we're out of that, like, earn a million dollars in a year and then go live on a beach.
[00:42:31.520 --> 00:42:31.920] Right.
[00:42:32.240 --> 00:42:33.600] You can't really do that anymore.
[00:42:33.600 --> 00:42:36.560] High five to the dozen or so of those of you who did that.
[00:42:37.200 --> 00:42:38.000] The rest of us.
[00:42:38.800 --> 00:42:44.720] The rest of us are going to sit here and do business sustainably and responsibly.
[00:42:44.720 --> 00:42:50.560] And I think that's that's really sort of the big feeling that I'm getting from this is like this is a lot.
[00:42:50.560 --> 00:42:54.720] And but you know, I also run a brick and mortar store, so I know what it means to be up to the fire codes.
[00:42:54.720 --> 00:42:55.680] And like, I know what it pays.
[00:42:56.080 --> 00:42:59.920] Their sales tax remittances, like, they will come put a chain around your door.
[00:42:59.920 --> 00:43:00.480] Yeah, they will.
[00:43:01.840 --> 00:43:03.440] Like, it is no joke.
[00:43:03.440 --> 00:43:03.760] Right.
[00:43:03.760 --> 00:43:08.240] So I have long been in like an area of business where you just follow rules that are there.
[00:43:08.240 --> 00:43:13.200] And it was fun to do business in a realm where there were no rules, kind of, for a little while.
[00:43:13.200 --> 00:43:17.120] But it does make me feel generally better that rules are being put in place.
[00:43:17.120 --> 00:43:21.680] Because not only does it protect, you know, our customers, it really protects us as well.
[00:43:21.680 --> 00:43:27.600] Because we are also, like, I'm also buying things from people on the internet and I'm doing business in that way.
[00:43:27.840 --> 00:43:32.160] So knowing that I'm protected sort of from both sides also feels really great.
[00:43:32.160 --> 00:43:32.480] Yeah.
[00:43:32.480 --> 00:43:40.000] And I don't want to, I made a note: like, I don't want the bosses listening to freak out and be like, I can't get started because this is too much.
[00:43:40.000 --> 00:43:42.320] That's why I really do want to hammer home.
[00:43:42.320 --> 00:43:45.600] Like, think about the risk proportionately to the size of your business.
[00:43:45.600 --> 00:43:48.480] Like, I would not let any of this keep you from starting.
[00:43:48.480 --> 00:43:52.960] But these are just kind of watch outs as you're growing to kind of keep in mind.
[00:43:52.960 --> 00:43:53.440] Yeah.
[00:43:53.440 --> 00:44:07.400] And also, you know, one of the things about the past 10, 15 years of online business is made entrepreneurship and business ownership feel so incredibly easy, like falsely easy, right?
[00:44:07.400 --> 00:44:12.840] You know, you can just like start a website and have a PayPal link and you're in business.
[00:44:12.840 --> 00:44:15.640] And that was great for 10, 15 years.
[00:44:15.640 --> 00:44:18.600] Like those of us who did that, love that for all of us.
[00:44:18.600 --> 00:44:26.920] But that is not the reality of business, like of working in the economy in this way in any other place than online business.
[00:44:26.920 --> 00:44:30.280] And it is not the case now either.
[00:44:30.280 --> 00:44:38.680] So there is an adjustment to mindset that I think has to happen around what it means to be an entrepreneur, even in the online space.
[00:44:38.680 --> 00:44:41.720] And it does involve getting buttoned up.
[00:44:42.040 --> 00:44:42.360] Yeah.
[00:44:42.360 --> 00:44:52.520] And we haven't really hit on team, but I guess that's something I'll mention too that I have seen, like with what you were saying, I think there's been an attitude for a long time that like I can just pay everyone as a contractor.
[00:44:52.520 --> 00:44:57.320] I don't need to worry about any of those employment laws don't apply to me because I'm online.
[00:44:57.320 --> 00:44:57.880] Yeah.
[00:44:57.880 --> 00:44:59.640] And that is not true.
[00:44:59.640 --> 00:45:09.320] So we, yeah, we're seeing a lot of people getting hit with unemployment audits and, you know, people not paying their taxes and the IRS coming after you.
[00:45:09.320 --> 00:45:16.440] Like there's another, again, I don't want to say don't do it, but this is like if you're hiring people, it's a real responsibility.
[00:45:16.440 --> 00:45:19.880] Like you have their livelihoods in your responsibility.
[00:45:19.880 --> 00:45:22.360] So, you know, take that seriously.
[00:45:22.360 --> 00:45:24.040] Make sure you're doing it the right way.
[00:45:24.040 --> 00:45:25.080] Absolutely.
[00:45:25.080 --> 00:45:25.560] Absolutely.
[00:45:25.640 --> 00:45:26.680] Yes, to the team stuff.
[00:45:26.680 --> 00:45:28.760] That one has been, that one's been really big.
[00:45:28.760 --> 00:45:31.480] And we can almost thank the pandemic for that, right?
[00:45:31.480 --> 00:45:35.640] I mean, everybody went online and we had to make adjustments along the way.
[00:45:35.640 --> 00:45:41.000] And as we have transitioned back out, a lot of people are left in that realm and need those protections as well.
[00:45:41.480 --> 00:45:47.040] So that facilitated it into the Wild West in that portion of how we do it as well.
[00:45:47.040 --> 00:45:50.160] What there will there be any wild left autumn?
[00:45:44.840 --> 00:45:50.640] I don't know.
[00:45:52.480 --> 00:45:53.200] Maybe not.
[00:45:53.200 --> 00:45:54.960] And I think I'm okay with that.
[00:45:54.960 --> 00:45:56.720] More or less, more or less.
[00:45:56.720 --> 00:46:03.840] We have to move into online business being a legitimate thing, right?
[00:46:03.840 --> 00:46:09.120] I think legal and legitimate have those like root words are the same for a reason, everybody.
[00:46:09.120 --> 00:46:09.840] Yeah, I like that.
[00:46:09.840 --> 00:46:11.920] I don't know Latin, but I bet that's a thing.
[00:46:11.920 --> 00:46:12.720] Yeah, I made it.
[00:46:12.720 --> 00:46:16.640] I made up that connection, but I would assume.
[00:46:16.960 --> 00:46:25.120] I mean, even in the normal business world, there's always going to be businesses that flout the rules and try and sneak around things, but they often get caught.
[00:46:25.120 --> 00:46:26.960] Like it's a house of cards.
[00:46:26.960 --> 00:46:29.360] You can only do that for so long.
[00:46:29.360 --> 00:46:30.000] Yeah.
[00:46:30.000 --> 00:46:30.560] Okay.
[00:46:30.880 --> 00:46:32.720] Well, no one do any of it.
[00:46:32.720 --> 00:46:33.840] Button up.
[00:46:33.840 --> 00:46:34.960] Do it right.
[00:46:35.360 --> 00:46:35.920] Okay.
[00:46:35.920 --> 00:46:40.240] Then last-ish question for you.
[00:46:40.560 --> 00:46:48.160] Are there any things that you can think of that you would recommend that small business owners stay on top of this year?
[00:46:48.160 --> 00:46:49.680] Or just in general?
[00:46:49.680 --> 00:46:56.880] Maybe just like a final, if you could do only one thing today, here's what you should do from autumn while you're autumn.
[00:46:56.880 --> 00:46:58.960] I'm going to give you a shameless plug.
[00:46:58.960 --> 00:46:59.600] Yeah.
[00:46:59.600 --> 00:47:02.240] Which is our emails are really good.
[00:47:02.240 --> 00:47:03.040] They are.
[00:47:03.040 --> 00:47:05.920] So they're not pitchy.
[00:47:05.920 --> 00:47:07.280] They're helpful.
[00:47:07.520 --> 00:47:09.040] We are keeping an eye on all this stuff.
[00:47:09.040 --> 00:47:13.840] So, you know, no guarantee that we're going to see everything because I don't promise that to even my own clients.
[00:47:13.840 --> 00:47:17.560] But, you know, if there's a big trend or something really big coming down the pipe?
[00:47:17.440 --> 00:47:19.280] Like, like we're going to be talking about it.
[00:47:19.280 --> 00:47:22.960] So, um, I have something special that we put together.
[00:47:23.000 --> 00:47:26.880] Um, the 2022 version is out now, and we're working on the 2023 version.
[00:47:26.880 --> 00:47:30.200] So, depending on when you listen to this, you will get the most recent version.
[00:47:29.680 --> 00:47:35.400] Um, and I'll give this link to you to throw in the show notes, but it's bit.ly/slash/awb legal report.
[00:47:35.640 --> 00:47:40.040] If you go to that link, you sign up, you will get our emails in addition to the report.
[00:47:40.440 --> 00:47:45.640] No text messages, no texts, you cannot subscribe at any time if you don't like them.
[00:47:45.640 --> 00:48:04.200] Um, but yeah, I mean, you in some way, whether it's our emails, whether it's gosh, I can't imagine like having a monthly task to like do a Google, but I mean, just in some way, you need to be kind of paying attention to people who are talking about these kinds of things because it is not something that you can really easily do for yourself.
[00:48:04.200 --> 00:48:09.880] So, yeah, outsource it to uh, to some other people who are staying on top of things for sure.
[00:48:09.880 --> 00:48:29.480] I will say that you're like, I'm not a social media consumer, it's been a long time, all the things, however, during early pandemic, when you were following all that PPP stuff and really just like sharing and updating and all the things in the way that you best do was so helpful.
[00:48:29.480 --> 00:48:34.120] And everybody, it was free, it was absolutely free.
[00:48:34.120 --> 00:48:39.240] And so, you know, hopefully, you don't have to go into anything like you had to go into that ever again.
[00:48:39.240 --> 00:48:41.160] No, please.
[00:48:41.480 --> 00:48:45.800] However, the information that you do share on the regular is incredibly helpful.
[00:48:45.800 --> 00:48:55.160] Yeah, um, and especially during certain pinpoints, have even helped me make decisions and move forward, even as someone who does work with you.
[00:48:55.160 --> 00:48:59.960] But in those cases, it was just called them online, which was great.
[00:48:59.960 --> 00:49:02.200] So, I do recommend everyone go sign up for that.
[00:49:02.200 --> 00:49:02.840] I mean, it's funny.
[00:49:02.840 --> 00:49:08.280] I had a, you know, we have, we do have special client alerts that we send out once a quarter, but a lot of our clients just get our regular emails.
[00:49:08.280 --> 00:49:11.880] And one called me today and he said, I just, I saw your email and it made me think of something.
[00:49:11.880 --> 00:49:13.480] And so I had to reach out.
[00:49:13.480 --> 00:49:19.280] So, you know, my big goal with a law firm is to help people avoid making expensive mistakes.
[00:49:14.840 --> 00:49:21.200] And most of you did not go to law school.
[00:49:21.360 --> 00:49:23.200] So you don't know what you don't know.
[00:49:23.200 --> 00:49:28.640] So you've just got to kind of keep paying attention, learn as you go, outsource where appropriate.
[00:49:28.640 --> 00:49:29.680] Absolutely.
[00:49:29.680 --> 00:49:30.480] Perfect.
[00:49:30.480 --> 00:49:35.280] Then, Autumn, where can people find more about you in general?
[00:49:35.280 --> 00:49:35.600] Yeah.
[00:49:35.600 --> 00:49:38.320] So we are AWB Firm in all the places.
[00:49:38.640 --> 00:49:39.840] That's our Instagram handle.
[00:49:39.840 --> 00:49:42.560] Our website is AWBFirm.com.
[00:49:42.800 --> 00:49:44.000] We're on LinkedIn now.
[00:49:44.000 --> 00:49:45.040] So I don't know.
[00:49:45.040 --> 00:49:47.040] We're playing around with stuff.
[00:49:48.960 --> 00:49:49.840] Perfect.
[00:49:49.840 --> 00:49:53.280] Well, we will include the links of all of those things in our show notes.
[00:49:53.280 --> 00:50:00.000] And my last and final question for you for this recording is, what's making you feel most boss?
[00:50:00.560 --> 00:50:03.360] I have to say, so I've started like dressing again.
[00:50:06.800 --> 00:50:07.520] Yes.
[00:50:07.520 --> 00:50:15.040] It's still definitely leggings on the bottom, but I've been like buying some new fun outfits and just like feeling a little more put together.
[00:50:15.040 --> 00:50:15.520] Yeah.
[00:50:15.760 --> 00:50:22.080] Makes me feel bossed to me in like a nice, you know, well-fitting, stylish outfit.
[00:50:22.080 --> 00:50:24.720] Oh, that is enjoying today's last.
[00:50:24.800 --> 00:50:25.040] I do.
[00:50:25.040 --> 00:50:25.280] It is.
[00:50:25.280 --> 00:50:25.760] It is cool.
[00:50:25.840 --> 00:50:26.400] Very correct.
[00:50:26.800 --> 00:50:28.160] You have jewelry on.
[00:50:28.160 --> 00:50:34.400] Like, from, you know, the bust, like shoulder up.
[00:50:35.040 --> 00:50:35.920] Beautiful.
[00:50:35.920 --> 00:50:40.400] Who needs to know that you are wearing leggings and probably house shoes under the tennis?
[00:50:40.800 --> 00:50:43.760] Tennis shoes today, but I do keep slippers at the office.
[00:50:43.760 --> 00:50:44.400] Yeah.
[00:50:44.800 --> 00:50:45.600] Same, same.
[00:50:45.600 --> 00:50:49.200] I will say, I have also, I have also been dressing up.
[00:50:49.200 --> 00:50:56.640] Like now that I'm working here in North Shore as well, and I have to like drive to work most days, which is kind of crazy.
[00:50:57.200 --> 00:50:58.720] Also, putting on clothes.
[00:50:58.720 --> 00:51:03.720] And like, I even find myself going to bed at night thinking about the outfit I want to wear the next day.
[00:51:03.720 --> 00:51:06.360] I sometimes like play around with different combinations.
[00:51:06.360 --> 00:51:06.520] Yes.
[00:50:59.840 --> 00:51:07.080] Yeah.
[00:51:07.320 --> 00:51:08.520] Haven't done it in a while.
[00:51:08.520 --> 00:51:09.000] I know.
[00:51:09.000 --> 00:51:09.400] Same.
[00:51:09.400 --> 00:51:10.600] I'm glad that you're enjoying that.
[00:51:10.760 --> 00:51:12.520] I'm glad that that's your answer to this.
[00:51:12.520 --> 00:51:15.080] And then I will also just say to Ome too.
[00:51:15.080 --> 00:51:16.120] Love it.
[00:51:19.000 --> 00:51:19.960] All right, boss.
[00:51:19.960 --> 00:51:25.720] Because you're here, I know you want to be a better creative business owner, which means I've got something for you.
[00:51:25.720 --> 00:51:42.280] Each week, the team at Bean Boss is scouring the news, the best entrepreneurial publications, and updates and releases of the apps and tools that run our businesses and is curating it all into a weekly email that delivers the must-know tips and tactics in the realms of mindset, money, and productivity.
[00:51:42.280 --> 00:51:44.200] This email is called Brood.
[00:51:44.200 --> 00:51:50.280] We brew it up for you each week to give you the insight you need to make decisions and move forward in your creative business.
[00:51:50.280 --> 00:51:54.760] Check it out now and sign up for yourself at beanboss.club/slash brood.
[00:51:54.760 --> 00:51:59.800] That's beanboss.club/slash B-R-E-W-E-D.
[00:51:59.800 --> 00:52:02.520] Now, until next time, do the work.
[00:52:02.520 --> 00:52:03.720] Be boss.
[00:52:30.000 --> 00:52:31.760] I'm going to use the same method for the first time.