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.
