The Quick Details
- Date: Thursday, August 21, 2025
- Time: 1:00 pm (ET)
- Location: Webinar
On Thursday, August 21, Jordan Thompson (Counsel, Advertising + Marketing) will lead a discussion titled “Brand Damage: Liability for Influencer Marketing and Deceptive Practices, Avoiding Consumer Protection Violations.”
Session Overview
Influencers are increasingly a part of effective consumer digital marketing. Federal and state regulators allege consumer deceptive practices when companies fail to disclose any material connections between the brand and endorser. Consumer class actions seek millions in damages and injunctive relief. The results are reshaping marketing in an evolving legal landscape where hashtags, affiliate links, and micro-influencers bring potential risk.
The panel will examine the Federal Trade Commission’s Endorsement Guides clarifying disclosure expectations in social media and how these regulators and private plaintiffs assess disclosures in litigation. Case developments in Negreanu v. Revolve, Dubreu v. Celsius, and Bengoechea v. Shein illustrate the legal theories, including price premium claims, statutory misrepresentation, and joint liability.
State consumer protection laws, the “Little FTC Acts,” enable private suits where federal enforcement lacks. This session covers litigants’ use of California’s UCL and CLRA, New York’s GBL, and other deceptive practices statutes to catalyze class claims. The panel will also explore emerging global risk under the EU Digital Services Act and UK ASA influencer rules.
Listen as our panel provides useful strategies to mitigate risk, including best practices in contract drafting, employee and influencer training, and marketing initiative audits.
Speakers
- Jordan Thompson, Counsel, Advertising + Marketing
- Kim Bousquet, Partner, Thompson Coburn LLP