The 2025/2026
Creator Compliance Checklist
FTC Rules, AI Disclosures & Sponsored Posts
Built by GK Law Co. to keep you compliant, confident, and contract-smart — while staying squarely within FTC federal law and nationwide advertising standards.
1. FIRST, KNOW THE GOLDEN RULE
If you’re paid, gifted, or partnered in any way, you must disclose it — even if you weren’t asked to post, even if you just tagged the brand, even if you genuinely love the product.
Under 16 C.F.R. § 255 (FTC Endorsement Guides) and 15 U.S.C. § 45 (FTC Act § 5), disclosures must be clear, conspicuous, and truthful.
If you use AI-generated content (like Sora video, AI voice, virtual influencer, or synthetic photo), you must disclose that too — especially if it could lead consumers to believe it’s human-made.
Source: FTC Business Blog, “AI and Fake People,” Apr 2024.
2. WHEN TO DISCLOSE
Disclose when any material connection exists between you and the brand, including when you:
→ Are paid in money, equity, or other value
→ Receive gifts, loans, or free items
→ Join an affiliate or ambassador program
→ Have a family, friend, or employment relationship with the brand
→ Receive a discount or free service in exchange for exposure
→ Use AI to create or enhance content (voice, image, video, testimonial, or virtual influencer)
→ Use AI to simulate a real person or environment that could mislead viewers
3. WHERE TO DISCLOSE
→ Instagram / TikTok / Facebook — Put disclosure in the caption, not hidden under “More.”
→ Stories / Reels / Shorts — Overlay text directly on the video or image. If AI was used, say “This video includes AI-generated visuals.”
→ Long-form or Live Video — State it audibly and on-screen, repeating periodically.
→ Limited-space platforms (X, Threads, Pinterest) — Use #ad, #sponsored, @BrandPartner, and #AIGenerated.
4. WHAT TO SAY
Use clear, unambiguous language:
→ “Paid partnership with @Brand”
→ “Thanks to @Brand for the free [product]”
→ “This post is sponsored by @Brand”
→ “This video includes AI-generated scenes created with Sora.”
→ "#ad #AIGenerated”
→ Avoid coded or vague terms like “collab” or “ambassador.”
5. WHAT NOT TO DO
Hide disclosures in bios, hashtags, or tiny text.
→ Rely solely on a platform’s “Paid Partnership” tag.
→ Use AI-generated people, voices, or reviews that appear real without disclosure.
→ Make claims (health, beauty, financial, or AI performance) without proof.
→ Deepfake real people or create synthetic testimonials without consent and disclosure.
6. AI-GENERATION COMPLIANCE CHECKLIST
→ Used AI anywhere in content? Disclose it.
→ Virtual influencer / synthetic voice / deepfake? Make AI nature obvious.
→ Made claims about an AI tool or brand? Keep proof (FTC Act § 5).
→ Targeting children or families? Follow CARU AI Guidelines (2024).
→ Maintain records of AI use and disclosures (FTC best-practice expectation).
7. WHAT HAPPENS IF YOU FAIL TO COMPLY
For Influencers & Creators:
→ Civil penalties up to $51,744 per violation (15 U.S.C. § 45(m)(1)(A))
→ FTC consent orders or injunctions restricting future partnerships
→ Public enforcement actions harming reputation
→ Loss of brand deals and partnerships
For Brands & Agencies:
→ Joint liability for influencer noncompliance
→ Refunds or disgorgement of profits
→ Federal court injunctions or compliance monitoring
Real FTC Cases:
→ Teami LLC (2020) – $15.2M judgment
→ Sunday Riley (2019) – Fake reviews settlement
→ Fashion Nova (2022) – $4.2M fine for review suppression
Sources: FTC v. Teami LLC; FTC v. Sunday Riley; FTC v. Fashion Nova; FTC Press Release 2024.
© 2025 GK Law Co. | This checklist is for informational purposes only and does not constitute legal advice. Always consult an attorney before entering into brand agreements.