Even we were reluctant to believe the gay sex scandal surrounding Clay Aiken was going to affect his sophomore album, despite our own published report. Then came news that a small sect of Claynation is filing a complaint with the FTC over what can only be labeled a "misrepresentation" of the American Idol wonder.
A group of nine former fans of performer Clay Aiken today lodged a formal letter of complaint with the Federal Trade Commission concerning the marketing and promotional practices of RCA and SONY/BMG, the recording entities behind Aiken. The complaint charges RCA and SONY/BMG with False Advertising and Misrepresentation, conspiring to market and promote its artists, and specifically Aiken, to consumers in a false and deceptive manner.
The complaint further alleges that employees of RCA, SONY/BMG, and Aiken engaged in collusion to prevent public disclosures they believed might be harmful to their product. This is tantamount to a manufacturer concealing information about a defective product. Therefore these actions were both unfair and deceptive to consumers.
A record label hiding the sexual orientation of one of its artists? We're pretty sure that's how Pink got married in the first place.
The full release, after the jump.
Earlier: Gay sex scandal to rock Clay Aiken's sophomore album?
#####
A group of nine former fans of
performer Clay Aiken
today lodged a formal letter of complaint with the Federal Trade
Commission concerning the marketing and promotional practices of RCA and
SONY/BMG, the recording entities behind Aiken. The complaint charges RCA
and SONY/BMG with False Advertising and Misrepresentation, conspiring to
market and promote its artists, and specifically Aiken, to consumers in
a false and deceptive manner.
The complaint further alleges that employees of RCA, SONY/BMG, and Aiken
engaged in collusion to prevent public disclosures they believed might
be harmful to their product. This is tantamount to a manufacturer
concealing information about a defective product. Therefore these
actions were both unfair and deceptive to consumers.
"As consumers, we feel ripped off. It is obvious now that the private
Clay is very different from the manufactured packaged public Clay that
was marketed to us" a spokesperson for the group said.
The group of former fans is asking the FTC to investigate the practices
of these companies, to invoke civil penalties where appropriate, and to
enjoin the companies from violating the Federal Trade Commission Act.
Deceptive advertising is illegal under the U.S. Federal Trade Commission
Act and is punishable by criminal and civil penalties, including fines,
injunctions and corrective advertising.
"Today's complaint against RCA and SONY/BMG is directed at the heart of
the record companies' responsibility in the promotion of their artists.
It raises fundamental issues of whether the CD is the product or is the
artist the product? We believe that, based on the company's own actions,
that it is clearly the latter".
She noted that "much of the promotion behind any product is a
well-crafted public image. For the recording industry it is not just
about the music or the CD, but creating an image around the artist. They
accomplish this through music videos and carefully managed media
interviews and appearances."
"We are looking to the Federal Trade Commission to see whether these
companies that represent and promote their artists in a false and
deceptive manner will be held accountable."
The group has considered a class action lawsuit against the recording
entities and may still proceed in that course, dependant on the FTC's
action in this matter. The group continues to closely guard their
identities from the backlash of Aiken's notorious fan base.
The full text of the complaint is following.
###
February 22, 2006
Chairman Deborah Platt Majoras,
Federal Trade Commission
600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580
Re: 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, CA
Phyllis S. Carol M. Karen G. Linda F. Kim M.
Boston, MA Boise, ID Los Angeles, CA Scottsdale, AZ Newark, NJ
cc: 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.
