Even when they are first getting started, social media influencers need the services of top-rated social media influencer attorneys for legal services related to such matters as negotiating social media contracts and influencer services agreements, protecting brands and other intellectual property, fending off claims of alleged trademark and copyright infringements, and defeating or prosecuting claims of internet defamation. Influencers have a right to protect the use of their likeness and prevent online reputation defamation. Social media influencer lawyers are also needed to ensure compliance with government disclosure regulations and to defend against deceptive business practice and fraud litigation.

As a case in point, as reported by the Washington Post, travel social media influencer Cassie De Pecol is being sued by a consumer protection group called Travelers United. As reported, De Pecol has hundreds of thousands of followers on Instagram and TikTok, hosts a podcast, has given a TED Talk, gets paid for speaking engagements, has written a travel book, operates a fitness app and has several high-profile brand sponsors like GoDaddy, Venus razors, and Quest Nutrition. Travelers United is suing De Pecol claiming fraudulent statements and other deceptive business practices that violate the Consumer Protection Procedures Act enacted in the District of Columbia. Of particular emphasis is De Pecol’s claim to be the first woman to visit every country on earth. Travelers United asserts that De Pecol’s claim is false and the false claim was not only used to increase her online social media following, but to sell products and to obtain endorsement contracts which provided her with substantial income and benefits like prepaid products and travel.

For her part, De Pecol denies the allegations claiming that the “complaint is yet another baseless attack on me and my accomplishments.” De Pecol vows she will be successful in defending the social media influencer litigation. And, she may be right. Typically, winning a claim of deceptive business practices requires proof of four elements:

• Deceptive conduct like false statements
• That the party engaging in the conduct or making the statement intended consumers (and/or those suing) to rely on that deceptive conduct
• That the deception occurred in the course trade or commerce
• And damages or injury resulted proximately from the deception

Often, the third element is simple to prove, but the other three can be quite difficult depending on the facts and circumstances surrounding the case. As an example, allegations that a statement is false can often be defeated by arguing that the statement is “mere puffery” and/or that it was not the sort of statement that would be relied upon by reasonable consumers. Damages can also be very difficult to prove since there are two parts: showing the damages/injury and showing the linkage between the alleged deceptive conduct and the damages/injury.

Contact Revision Legal

If you need an experienced team of social media influencer attorneys, call Revision Legal at 231-714-0100. We are internet and social media influence attorneys with proven experience with IP protection, contract law and complex litigation. Few social media influencers want to end up in complex litigation. But an influencer’s reputation is an invaluable business and financial asset and, sometimes, there is no choice but to retain a talented litigation defense team. We can handle the litigation while you enjoy running your social media accounts.

FTC Disclosure Requirements for Social Media Influencers

Beyond state consumer protection laws, federal regulations directly govern the conduct of social media influencers. The Federal Trade Commission’s Endorsement Guides, codified at 16 C.F.R. Part 255, require that influencers clearly and conspicuously disclose material connections to brands they promote—including paid partnerships, free products, and equity interests. The FTC’s 2023 revised guidance made clear that disclosures must be placed where consumers are likely to see them before engaging with the content, not buried in hashtags or visible only when a post is expanded.

Violations of the FTC Endorsement Guides can result in civil penalties of up to $50,120 per violation under the FTC Act, 15 U.S.C. § 45. While the FTC has historically focused enforcement on brands rather than individual influencers, the agency has signaled increased willingness to pursue individual creators for systematic disclosure failures. The De Pecol litigation highlights that consumer protection enforcement may come from state attorneys general and private plaintiffs, not just federal regulators.

The Consumer Protection Procedures Act: District of Columbia Claims

The District of Columbia Consumer Protection Procedures Act (CPPA), D.C. Code § 28-3901 et seq., is among the most plaintiff-friendly consumer protection statutes in the country. Unlike many state consumer protection laws that require plaintiffs to prove actual economic damages, the CPPA permits recovery of statutory damages and allows individual consumers to bring suit without demonstrating direct financial harm. This makes the CPPA an attractive vehicle for consumer advocacy organizations like Travelers United.

Under the CPPA, a ‘trade practice’ that is unfair or deceptive in connection with the sale of goods or services is prohibited. Importantly, the statute applies broadly to representations made in the course of trade or commerce, which courts have interpreted to include promotional activities by influencers who monetize their social media presence. The statute allows recovery of treble actual damages, statutory damages of $1,500 per violation, attorney’s fees, and injunctive relief.

The ‘First’ Claim Problem: When Influencer Branding Creates Legal Risk

The specific allegation against De Pecol—that she falsely claimed to be the first woman to visit every country—illustrates a common category of legal risk for influencers whose personal brand is built on superlatives and record claims. From a legal standpoint, claims like ‘first,’ ‘only,’ ‘world record,’ and similar designations are objectively verifiable and therefore actionable if false. By contrast, subjective claims like ‘best’ or ‘most exciting’ are generally protected puffery under the commercial speech doctrine.

Influencers and their counsel must carefully evaluate record claims, ‘first’ claims, and similar verifiable assertions before incorporating them into brand messaging. Where the record is disputed—as it was with De Pecol’s claim—the risk of litigation from competitors, advocacy groups, or aggrieved consumers is substantial. Documentation supporting record claims should be retained and updated as the influencer’s career evolves.

Protecting Yourself With Proper Influencer Agreements

Whether you are a brand working with influencers or an influencer building a media business, written contracts are essential protection. A comprehensive influencer services agreement should address:

• Representations and warranties — Influencer warrants that all statements in sponsored content are truthful, that claims about personal credentials or records are accurate, and that content complies with FTC disclosure requirements
• Indemnification — Allocation of legal liability if a third party claims the influencer’s content is false, defamatory, or violates consumer protection law
• Compliance obligations — Specific requirements for disclosure language, placement, and format in each piece of sponsored content
• Dispute resolution — Arbitration or mediation clauses to resolve contract disputes without expensive litigation
• Intellectual property ownership — Clarity on who owns the content created under the agreement and the scope of any license granted to the brand

When Litigation Is Unavoidable: Building Your Defense

If an influencer faces consumer protection litigation—whether brought by a competitor, a consumer group, or a government agency—the defense strategy will depend heavily on the factual record. Key defenses include the absence of actual consumer reliance on the challenged statements, the opinion/puffery nature of the claims at issue, the presence of adequate FTC-compliant disclosures, and the lack of a causal connection between the challenged statements and any alleged harm.

Early retention of experienced social media influencer attorneys is critical. The attorneys at Revision Legal have experience advising influencers and brands on compliance, drafting protective agreements, and defending litigation when it arises. Contact us today if you are facing legal challenges related to your influencer business or social media presence.