The influencer world is filled with potential legal issues, ranging from undisclosed advertisements to morally questionable and even dangerous pranks. More often than not, influencer lawsuits involve breaches of contract. While some cases are dismissed in court, others can lead to lengthy battles with seemingly no resolution in sight. LLC Attorney has gathered some of the most significant lawsuits against influencers to explore the legal landscape of the influencer industry.
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The Social Media Influencer and the First Lawsuit
In 2017, the first notable influencer lawsuit was filed against American lifestyle YouTuber Bethany Mota by production agency Studio71 for a breach of contract and fraud. Studio71 alleges that they offered Mota a fee of $325,000 to fly to the Hawaiian Island of Kauai and promote a skincare brand through a sponsored YouTube video and social media posts.
After flying Mota and her father out to Kauai, Studio71 claims that her dad encouraged her to forget her contractual obligations. The footage filmed in Kauai was never included in a video on her channel, and the other sponsored posts on her social media platforms were never made. Since Studio 71 alleged that was the reason Mota was flown out there in the first place, her failure to include the footage in the video was a breach of the contract between them. Therefore, they are seeking damages and a declaration that they do not have to pay her the $325,000 that was part of their contract.
The Biggest Influencer Lawsuits
Jimmy Donaldson, better known by the moniker MrBeast , is a YouTube influencer with over 336 million subscribers. In 2023, Donaldson filed a lawsuit against his partner Virtual Dining Concepts(VDC), a food delivery service company, stating that their serving of “low quality” food damaged his reputation. A week later, VDC filed its own lawsuit against Donaldson, alleging that he used his massive social media fame to make disparaging comments about VDC. In their lawsuit, VDC states that “Donaldson’s baseless and unlawful disparagement had the intended effect: MrBeast Burger’s reputation was materially damaged if not destroyed."
In September 2022, British boxing promoter Eddie Hearn filed a lawsuit against YouTuber and boxer Jake Paul after Paul accused Hearn’s company of bribing boxing judge Glenn Feldman. Paul’s comments came after Hearn scored two previous matches: one between Katie Taylor and Amanda Serrano in New York and another between Oleksandr Usyk and Anthony Joshua in Saudi Arabia. Feldman scored the matches in favor of Taylor and Joshua. Dissatisfied by these results, Paul accused Hearn of bribes concerning these two matches. Both Hearn and Feldman have denied the claims.
American rapper Cardi B filed a lawsuit against YouTuber and gossip blogger Latasha Kebe, known as Tasha K, regarding lies about Cardi B’s alleged drug use and prostitution. The judge ruled in favor of Cardi B, and Tasha K was ordered to pay nearly $4 million to Cardi B for defamation of the rapper. Tasha K filed for bankruptcy, claiming to have less than $60,000 in assets and unable to pay the fee to Cardi B. However, the judge ruled that even after she exits bankruptcy, she will still owe $3.4 million to Cardi B. Bankruptcy law does not shield people from money owed due to “willful and malicious injury” caused to others.
Changing the Influencer Industry Landscape
In a one-of-a-kind lawsuit, Sydney Nicole Gifford filed against fellow Instagram influencer Alyssa Sheil, claiming that Sheil had copied her distinctive “neutral, beige, and cream aesthetic” in social media videos and photos. Gifford’s claims include federal copyright infringement, Digital Millennium Copyright Act Violation, trade dress infringement, and misappropriation. Sheil, she alleges, had copied aspects of her social media like styling, tone, camera angles, and text.
In the lawsuit, Gifford states that the two influencers had met in December of 2022. However, after a joint photoshoot in January 2023, Sheil blocked Gifford online. Gifford alleges that Sheil began copying her aesthetic after the blocking. Sheil also made posts featuring products similar to the ones Gifford promoted. Due to this, Gifford stated that Sheil caused her to lose followers, engagement, and the commission she would have gotten from the promoted products. She is seeking damages of $30,000 to $150,000.
Sheil, however, claims that her posts are based on the “clean girl aesthetic” and inspired by celebrities like Hailey Bieber. Her team argues that the minimalist look with a neutral color is neither unique nor original to Gifford. A judge has decided that the lawsuit will move forward, ruling that Gifford has provided sufficient evidence for Sheil’s violation of copyright law. No matter the results, this case will set the legal precedent for how copyright protections apply to the influencer and social media industry, possibly inspiring other lawsuits.
The Aftermath of Influencer Lawsuits
As the number of commercial partnerships between influencers and companies increases, we can expect a rise in lawsuits. The world of influencers and social media is relatively recent and constantly evolving, so laws will also change and adapt over time. Though some laws will vary depending on the state, many influencer-related legal cases emphasize the importance of registering businesses and copyrights, protecting assets, and establishing a distinct brand identity. Even minor infractions, like using copyrighted music, can lead to significant issues for individuals and companies. Therefore, it’s wise to address all potential legal areas in advance.
| Defendant (Influencer) | Plaintiff | Amount Sought for Damages | Lawsuit Description | Lawsuit Type | Lawsuit Filing Date | Date Plaintiff Won (or Settled) Lawsuit | |
|---|---|---|---|---|---|---|---|
| 1 | Jimmy Donaldson (MrBeast) | $100,000,000 | MrBeast Burger (Virtual Dining Concepts) | MrBeast was sued by Virtual Dining Concepts (VDC), the company he partnered with to create his namesake virtual burger restaurant, MrBeast Burger. MrBeast allegedly did not uphold his contractual obligation, including publicity and promotion, and made disparaging and untrue statements about MrBeast Burger. This lawsuit came a week after MrBeast sued VDC for “inedible” food delivered to MrBeast Burger customers. VDC is seeking $100 million in damages. | Breach of contract, defamation | August 2023 | No trial date yet |
| 2 | Jake Paul | Eddie Hearn (Matchroom Boxing) | $100,000,000 | Eddie Hearn and his company, Matchroom Boxing, filed a lawsuit against Jake Paul over allegations that Paul accused Hearn of fixing fights. Paul accused Matchroom Boxing and Hearn of paying off a boxing referee after the ref called a fight against a boxer that Paul was promoting. Hearn denied the allegations and filed a defamation lawsuit for $100 million in damages after Paul refused to retract his statements. The hearing is scheduled for December 2024. | Defamation | September 2022 | December 17, 2024 |
| 3 | Latasha Kebe (Tasha K) | Cardi B | $4,000,000 | Cardi B filed a defamation lawsuit against Latasha Kebe after the YouTuber launched a “malicious campaign” against the rapper. Cardi B claimed that Kebe was trying to destroy her reputation with her fans by making defamatory statements about her, including that Cardi B tested positive for herpes, was a prostitute, and used illicit drugs. Cardi B won the lawsuit and was awarded $4 million in damages. | Defamation | March 2019 | April 2022 |
| 4 | Liz Friesen | Nebraska Attorney General | $3,000,000(+) | The Nebraska AG filed a lawsuit against Liz Friesen and other entities for their involvement in a deceptive “passive income” scheme that exploited Nebraska residents. Friesen played a large role in promoting the scheme, encouraging people to invest in automated online stores with the promise of easy profits and high returns. These violated the stores’ policies, leading to suspended and deactivated accounts. Instead of issuing refunds, the defendants used the proceeds to fund their lavish lifestyles. The Nebraska AG is seeking full refunds of $3 million, penalties, and reimbursement for legal costs. | Fraud | November 2024 | No trial date yet |
| 5 | Dan Gryder | Charles Cook | $1,081,667 | Dan Gryder is an influencer who analyzes aircraft accidents. He uploaded videos accusing Charles Cook of illicit activities taking place at Cook’s airport, including misleading the FAA about his health, selling an airplane with known flaws, and even an extramarital affair. Cook denied all of the accusations and filed a defamation lawsuit against Gryder. The judge ruled in favor of Cook, with Gryder owing $1,081,667 in damages with 5% annual interest. | Defamation | November 2021 | August 2023 |
| 6 | Brittany Dawn Davis | Texas Attorney General | $400,000 | The Texas AG filed a lawsuit against fitness influencer Brittany Dawn Davis, accusing her of scamming thousands of customers. Davis sold customized fitness and nutrition programs but failed to deliver them to customers. Davis also claimed to have training to address eating disorders, although her nutrition plans did not reflect this. Davis settled with the state and must pay $400,000 in penalties and damages. | Fraud | February 2022 | May 2023 |
| 7 | Bethany Mota | Studio 71 | $325,000 | Bethany Mota had an agreement with Studio 71 to create video content promoting a skincare brand in Kauai, Hawaii. Studio 71 paid a $325,000 talent fee and flew her to Hawaii. Mota disregarded her contractual obligations and failed to include Kauai footage in the video, causing Studio 71 to breach its agreement with the skincare brand. Studio 71 sued Mota for damages and to not be obligated to pay the remainder of Mota’s talent fee. The exact amount Studio 71 won in the settlement is not publicly available, but they did seek to recover at least $325,000. | Breach of contract, fraud | August 2017 | N/A |
| 8 | Alyssa Sheil | Sydney Nicole Gifford | $150,000 | Sydney Nicole Gifford filed a lawsuit against fellow TikTok content creator Alyssa Sheil for copying her 'neutral, beige, and cream aesthetic.' Gifford alleges that Sheil replicated many aspects of her aesthetic, such as decorating her home with the same colors and furniture, replicating camera angles and fonts, and promoting the same Amazon products. Gifford claims that Sheil's copying of her aesthetic has caused her to lose engagement, followers, and commission from promoting the same products; she is seeking $150,000 in damages. | Copyright infringement | April 2024 | No trial date yet |
| 9 | Jordan Shanks-Markovina | John Barilaro | $100,000 | The former Deputy Premier of New South Wales, John Barilaro, filed a defamation lawsuit against Jordan Shanks-Markovina for videos he posted to his YouTube channel that ridiculed Barilaro. The videos were said to have accused Barilaro of being a corrupt conman and also attacked his Italian heritage. The case was settled with Shanks issuing a public apology and covering Barilaro’s $100,000 in legal fees. | Defamation | May 2021 | November 2021 |
| 10 | Luke Sabbat | Snapchat (PR Consulting Inc.) | $90,000 (Only $15,000 was paid back) | Luke Sabbat had an agreement with PR Consulting Inc. to promote Snapchat’s Snap Spectacles with three Instagram stories and one post. Sabbat did not create the number of stories that were agreed upon and failed to submit them for pre-approval; he also failed to be photographed in public wearing the spectacles. Sabbat was to be paid $60,000, with $45,000 paid upfront. PR Consulting sought reimbursement of the $45,000 and an additional $45,000 in damages. They settled, and Sabbat paid back $15,000. | Breach of contract, unjust enrichment | October 2018 | August 2019 |
| 11 | Luke Sabbat | Konus | $40,000 | Luke Sabbat entered into an agreement in 2017 with streetwear brand Konus to participate in a photo shoot and post two images to Instagram. Sabbat was paid $30,090 to promote the brand. Sabbat participated in the photo shoot but did not post the images to Instagram, according to Konus. After two years of trying to resolve the matter, Konus’s parent company, Catwalk to Sidewalk Inc., sued Sabbat for $40,000 in damages. (We are unsure of the outcome of this lawsuit.) | Breach of contract | July 2019 | N/A |
| 12 | Trevor Martin (TmarTn) and Thomas Cassel (Syndicate) | Federal Trade Commission | No fine (Future violations will be $40,654) | The FTC filed a lawsuit against Trevor Martin and Thomas Cassel for endorsing and promoting an online gambling service without revealing that they owned the service. Martin and Cassel also paid fellow influencers to promote CSGO Lotto on their pages, barred them from saying anything negative about the site, and failed to disclose they were paid for their endorsements. The FTC came to a settlement with Martin and Cassel that did not include a fine, but if they violate the FTC Act again, they face a fine of $40,654 per infraction. | Fraud | September 2017 | November 2017 |
| 13 | Cassie De Pecol | Travelers United | N/A | Cassie De Pecol is a travel influencer who claims to be the 'first woman to travel to every country.' Travelers United, a consumer rights organization, sued De Pecol, claiming that she made fraudulent statements and other deceptive business practices with this statement. This false claim was used to earn sponsorship deals and sell products. De Pecol also failed to disclose endorsement deals from hotels that she had posted glowing reviews of. De Pecol has refused any settlement or offer of mediation as of October 2023. | Fraud | April 2022 | No trial date yet |
| 14 | Eben “Cedaz” Fox | Nike | N/A | Nike filed a trademark lawsuit against sneaker influencer Eben 'Cedaz' Fox, accusing him of promoting and selling counterfeit Nike shoes on his social media channels. Fox even documented his process of returning counterfeit Nike shoes to a store for the cost of a real pair. Nike is seeking triple the damages that Fox made by promoting counterfeit Nike to send a message to other companies not to do the same. | Trademark | December 2023 | No trial date yet |
| 15 | Jimmy Donaldson (MrBeast) | Contestants from 'Beast Games' reality show | N/A | A lawsuit was filed against MrBeast and Amazon by contestants who competed on MrBeast’s reality show 'Beast Games.' The lawsuit alleges mistreatment, neglect, hostile working conditions, and sexual harassment suffered by the contestants, as well as a failure to pay minimum wages and overtime. The contestants are seeking an unspecified amount in damages. | Neglect, mistreatment | September 2024 | No trial date yet |
The damages awarded for several of these lawsuits are unavailable, as a trial or settlement had not yet taken place when the data was analyzed as of December 3, 2024.
