It seems that yesterday's post with the press release was a bit dated. An actual FTC complaint has been filed and you just have to see it. I'll post the entire thing below the fold, along with the "evidence" they attached to it, which amounts to an interview where Aiken kinda sorta denies being gay. Their complaint is that the record company conspired to create a public image that was different from his private life. Why this is the least bit surprising to anyone with more than basic brain stem function is beyond my ability to understand. I hope they don't find out that all that time that Britney Spears and Jessica Simpson were claiming to be virgins they were busy going down on N'Sync and 98 Degrees before every show. There's no class action suit yet - if there is, I can't wait to get my hands on it - but here's the full FTC complaint:
February 22, 2006
Chairman Deborah Platt Majoras,
Federal Trade Commission
600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580Re: False Advertising Complaint against RCA Records and SONY/BMG with regard to Clay Aiken
Dear Honorable Chairman Majoras,
Under the provisions of the Federal Trade Commission Act and Title 15 of the U.S. Code, please find that, the undersigned nine aggrieved consumers, hereby file a false advertising complaint against recording entities RCA Records (RCA) and parent conglomerate SONY/BMG Music Entertainment (SONY/BMG). This complaint relates to observable trends and practices in the manner in which RCA and SONY/BMG markets and promotes its stable of artists nationwide and internationally. Based in New York City, SONY/BMG is a well-known recording industry conglomerate consisting of 17 separate record labels (including RCA) with offices around the world. These recording labels represent some of the world's best known artists, including performer Clay Aiken.
This complaint raises the fundamental issue of whether, for these recording entities, the CD is the product or is the artist the product? We hold that, based on the company's own actions and investment, that it is clearly the latter.
1. False And Misleading Advertising.
RCA and SONY/BMG have a vested interest in the marketing, promotion and advertising of their artists recording for their labels. They accomplish this through carefully crafted publicity, advertising and promotion to create a marketable public image for each artist, designed to entice the maximum amount of consumers. This calculated public image is further reinforced through scripted music videos and meticulously managed media interviews and appearances, among other devices. In fact, the marketing and publicity behind the manufactured public image is often termed the "Hollywood machine".
RCA and SONY/BMG's marketing, promotion and advertising of performer Clay Aiken presented a public image of a family friendly performer whose character was above reproach. This "clean cut" image extended to Mr. Aiken's sexuality, which although being the subject of much speculation, has consistently been presented as being heterosexual.
Recent media reports have revealed that Mr. Aiken's private behaviors and actions are vastly different from the manufactured packaged public image of Aiken that was marketed and advertised to consumers. This is both deceptive and misleading.
2. Collusion To Misrepresent
On information and belief, it is further maintained that specific executives and employees of RCA, SONY/BMG and Aiken were aware of Aiken's behaviors and conduct that contradicted this established public image and engaged in collusion in an active attempt to mislead consumers and keep what was perceived to be potentially damaging information from becoming public. This is tantamount to a manufacturer concealing information about a defective product.
These individuals, among others in the employ of RCA, SONY/BMG, and Aiken, are identified as Roger Widynowski, RCA and SONY/BMG's Director of Publicity, and John Dahlstrom, Aiken's former assistant and hairdresser.
Most recently, representatives for RCA, SONY/BMG and Aiken have avoided any questions related to these revelations.
With SONY/BMG's $10 million dollar settlement in NY State Attorney General Spitzer's investigation into the practice of deceptive Payola radio promotion undertaken by the recording industry, it is an established pattern of deceptive marketing and promotion that extends here.
Title 15, Section 52 of the U.S. Code states that "it shall be unlawful for any ... corporation to disseminate, or cause to be disseminated, any false advertisement." Title 15, Section 55 defines "false advertisement" as an advertisement that is "misleading in a material respect." Section 5 of the FTC Act prohibits "deceptive acts or practices."
In sum, RCA's and Sony/BMG's marketing and promotional practices meet all three elements of the FTC Policy Statement on Deception (October 14, 1983):
(1) the misrepresentation is likely to mislead the consumer; (2) the misrepresentation is likely to mislead a reasonable consumer; and (3) the misrepresentation is a material one.
As reasonable consumers, we were (1) misled by the accompanying marketing, advertising and promotion behind Mr. Aiken. (2) The recording entities and employees of same were aware of the misrepresentations and sought to conceal them. (3) The misrepresentations are material, affecting every consumer of any of Aiken's CDs, concerts, or merchandise, and extend over all aspects of the promotion, marketing and advertising of same.
We urge the FTC to investigate this matter fully and exercise any and all means to enjoin RCA and SONY/BMG from engaging in further deceptive marketing and promotion of their artists.
Sincerely,
Nine Aggrieved Consumers
Susan J. Patricia A. Jacquelyn C. Karen G.
Raleigh, NC Raleigh, NC Durham, NC San Francisco, CAPhyllis S. Carol M. Karen G. Linda F. Kim M.
Boston, MA Boise, ID Los Angeles, CA Scottsdale, AZ Newark, NJcc: Pamela Jones Harbour, Commissioner
Jon Leibowitz, Commissioner
William E. Kovacic, Commissioner
J. Thomas Rosch, Commissioner------------------------------------------------------------------------
1 In a 2003 interview, arranged by RCA, with ABC news reporter Diane Sawyer and broadcast nationwide, Mr. Aiken made certain assertions about himself and his public image.
Diane Sawyer: You never lost a love?
Clay Aiken: I don't know that I've ever been in love...so...uh...and that doesn't really bother me...uh..I don't necessarily fall quickly. I'm OK with how I look and who I am but I'm not confident enough to go after somebody and have her reject me or that type of thing. I'm kinda shy when it comes to big social situations.
Diane: In Rolling Stone he hinted he's a virgin and denied what's asked him over and over again. Is he gay? He says no.
Clay: Somebody asked it right after the finale of the show...in the press conference with Ruben and me. I think the problem is I don't think people know who what to do with me. They don't know anything about me. I'm not completely blind and stupid. I've got a southern accent which people say is...uh...
Diane: All southern people are gay.
Clay: Well not...and and English people too...
Diane: Oh well THAT
*they laugh*
Clay: I have some very effeminate qualities. I try to make sure I'm clean. I was raised by my mom and my 2 grandmothers really for a long time. I'm not completely blind to it. I have got used to people asking the question. They think...OK he doesn't drink, he doesn't go out and have sex with every woman that he sees. I think its high time there's somebody who represents people who aren't gay but don't sleep around with everybody, you know. If I'm supposed to carry the banner for all the nerds in the world I'm fine with that too.
Additionally, Aiken appeared on the cover of the June 2003 issue of Rolling Stone with the headline "Growing Up Clay." In the article, and in subsequent interviews with Larry King, Aiken admitted he had "some feminine qualities" but insisted he wasn't gay.
This may go down as the single dumbest lawsuit in history. I mean, until the Thomas More Law Center's next case.
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The problem is, every time we think of some imaginary idiocy cleverly designed to show how idiotic people can be, someone goes out and actually DOES it.
Our ability to generate sarcasm and irony are getting outpaced by the public's capacity for stupid. In the intellectual arms race we're outgunned and outnumbered.
Perhaps someone can take the same legal language and file suit against the packaging of George W. aZBush
"RNC's marketing, promotion and advertising of performer George W. Bush presented a public image of a family friendly performer whose character was above reproach."
"As reasonable consumers, we were (1) misled by the accompanying marketing, advertising and promotion behind Mr. Bush. (2) The entities and employees of the RNC were aware of the misrepresentations and sought to conceal them. (3) The misrepresentations are material, affecting every consumer of any of Bush's speeches, executive actions, or policies, and extend over all aspects of the promotion, marketing and advertising of same."
Perhaps someone can take the same language and file a suit against the marketers of George W. Bush.
"The Republican National Committee's marketing, promotion and advertising of President George W. Bush presented a public image of a family friendly performer whose character was above reproach.
Recent media reports have revealed that Mr. Bush's policies and actions are vastly different from the manufactured packaged public image of Bush that was marketed and advertised to consumers. This is both deceptive and misleading."
"As reasonable consumers, we were (1) misled by the accompanying marketing, advertising and promotion behind Mr. Bush. (2) The entities and employees of the RNC were aware of the misrepresentations and sought to conceal them. (3) The misrepresentations are material, affecting every consumer of any of Bush's speeches, policies, or executive actions, and extend over all aspects of the promotion, marketing and advertising of same."
That complaint reads like it could have been written by The Onion.
Were this 40 years ago and the Tabloids did an expose on Liberace's private life, one could imagine a similar suit brought by those blue-haired ladies that comprised his fan base.
Woot - two from Raleigh, one from Durham!
Jeff Hebert wrote:
Or to put it as I have so often - no matter how cynical I am, I still can't keep up.
I can't believe it's possible for people to be this stupid. When I buy a CD, it's for the, ummmm, er,...the MUSIC! Here's a clue that tells you that the public persona might be just an act - these people are called PERFORMERS. Maybe there's just a bit of acting involved?
Well, while we're at it, might as well lodge a complaint against the car manufacturers. I've never driven down picturesque country roads, or made cool stunt moves, or had hot chicks want me because because of my car. (Maybe I should get a new car, eh?)
Let's go after the movie studios too for having gay actors play straight, romantic leads.
Man, I bet the Trial Lawyers Association is just buzzing with anticipation.
Surely you've heard of "technical virgins," Ed.
If you've got an appreciation for kitsch that goes above and beyond. Jon, I recommend the Liberace Museum wholeheartedly, and one of the best parts is listening to the bluehairs admiring all of Lee's faaaabulous belongings while denying the evidence of his sexuality.
Hi, it's me, being paranoid again. Did you notice (or perhaps cover here) the bit where some fundie groups were all up in arms (not each other's arms, God forbid!) about gay actors playing Christians in some movie or other? Now this bit about Clay Aiken pretending to be "family friendly" and straight, while actually being gay, and thus, by clever unspoken insinuation, "not family friendly." COINCIDENCE??!!! I think not... ;-)
Some more along the same vein:
The headmaster of the school that Michelle Williams attended, a private Christian School in San Diego, is dis avowing her because they do "not want to be tied to Brokeback Mountain."
I heard it on AirAmerica this morning.
Here's an interesting article on the maybe-lawsuit:
http://www.starpulse.com/news/index.php/2006/02/20/fans_want_to_sue_cla…
Noted with interest: the Nine Aggrieved Former Fans are alleging that they're received threats from "rabid" Aikinites, so they're staying anonymous for now. But if they haven't revealed their identities, then how do Aiken's fans know who to threaten?
Some blog-commenters are saying the whole lawsuit-rumor is a hoax.
Also, in case anyone here really cares, Clay is being sued by some failed porn-actor and retired Green Beret who claims he had sex with Aiken in a hotel room and is trying -- he sez -- to force Aiken to admit he's gay. So it's quite possible that these nine idiots are seeing a possible opportunity to get some cash.
PS: I'm a bit disturbed by the allegation in the FTC statement that the "product" is the performer himself, not the CDs or the music on them. So who benefits from treating entertainers as property?
If this "case" isn't laughed out of court, right after being ruled frivolous, there's something wrong with this country.
By saying "Hey, you nimrods who're persecuting Clay Aiken! We're gonna get you, and we're gonna cut you."
That's just an example, mind you. No threat towards the nimrods persecuting Clay Aiken (shudder) is expressed or implied.