Brand-Side Influencer Contract Breach Demand Letters

When Influencers Miss Posts, Violate FTC Rules, or Breach Morals Clauses

Influencer Contract Basics
💼 The Flip Side: Most influencer demand letters are from creators seeking payment. This guide covers the BRAND perspective - when the influencer fails to perform, violates contract terms, or exposes the brand to regulatory risk through FTC disclosure failures or morals clause breaches.
Standard Influencer Contract Elements
Contract Component Typical Terms Breach Scenarios
Deliverables Number of posts, platforms (IG, TikTok, YouTube), formats (static, Reel, Story), posting dates/windows Influencer misses deadlines, posts to wrong platform, fails to post entirely, posts wrong product
Content Approval Brand pre-approval rights for captions, images, messaging; revision rounds; final sign-off before posting Influencer posts without approval, ignores brand feedback, changes approved content after posting
Usage Rights License to brand: territory, media, duration; whitelisting/paid amplification rights Influencer blocks brand from running ads using content, claims ownership despite buyout clause
Exclusivity No competing brands for X months; category exclusions (e.g., no other skincare brands) Influencer promotes competitor simultaneously, accepting paid partnership with rival brand
FTC Disclosure Required #ad, #sponsored tags; "Paid partnership" label; clear and conspicuous disclosure Influencer buries disclosure in 20+ hashtags, omits disclosure entirely, uses ambiguous language
Morals Clause Termination rights if influencer engages in conduct bringing brand into disrepute or controversy Influencer posts offensive content, criminal allegations, public scandal damaging brand association
FTC Endorsement Guides (16 CFR Part 255)

2023 Update - Key Changes:

  • Material connection must be disclosed: Any relationship (payment, free products, affiliate links, employment) between endorser and brand
  • Clear and conspicuous: Disclosure must be "unavoidable" - can't bury in hashtags or "more" button
  • Platform-specific guidance: Instagram Stories require disclosure visible without clicking; TikTok videos need audio or on-screen disclosure; YouTube needs both video and description
  • Brand responsibility: Brands must have processes to monitor and enforce disclosure requirements
  • Fake reviews prohibited: Buying reviews, suppressing negative reviews, or posting fake reviews violates FTC Act
🚨 Brand Liability: The FTC holds BRANDS responsible for influencer disclosure failures. If influencer doesn't disclose properly, brand faces enforcement risk - making disclosure compliance a critical contract enforcement issue.
Common Breach Scenarios

Non-Performance:

  • Influencer ghosts after receiving product/payment
  • Posts late (campaign timing missed - holiday, product launch, etc.)
  • Posts to wrong platform or in wrong format
  • Delivers substandard content (poor quality, doesn't match brief)

FTC Compliance Failures:

  • No disclosure whatsoever
  • Buried disclosure (hashtag #37 of 40)
  • Ambiguous disclosure ("Thanks [brand]!" without #ad)
  • Disclosure only in collapsed "more" section
  • Using platform's "Paid Partnership" label inconsistently

Morals Clause Triggers:

  • Criminal allegations (DUI, assault, fraud)
  • Offensive social media posts (racist, homophobic, violent content)
  • Public controversies damaging brand reputation
  • Behavior inconsistent with brand values (e.g., health brand ambassador caught smoking)

Exclusivity Violations:

  • Promoting direct competitor during exclusivity period
  • Accepting payment from rival brand
  • Wearing/using competitor products in posts during campaign
For Brands: Enforcing Influencer Contracts
Evidence Gathering

Before sending demand letter, compile:

  • Contract documents: Master agreement, Statement of Work (SOW), any amendments
  • Creative brief: Brand guidelines, messaging requirements, approval process
  • Communications: Email/DM trail showing deliverables requested, approvals given (or withheld), deadline reminders
  • Posted content (or lack thereof): Screenshots with timestamps, archived Stories, analytics showing post performance
  • Payment records: Proof of payment/product sent, invoice copies
  • Disclosure audit: Screenshots showing how disclosure appeared (or didn't), compliance checklist
  • Competitor activity: If exclusivity violated, screenshots of rival brand posts during restricted period
Demand Letter Strategy

Objectives:

  1. Cure performance: Get influencer to post compliant content (if timing still works)
  2. Refund/fee reduction: Recoup fees for undelivered or non-compliant work
  3. Indemnity: Protect brand from FTC enforcement risk caused by disclosure failures
  4. Remove content: Take down posts that violate morals clause or misrepresent brand
  5. Prevent reuse: Ensure influencer doesn't continue using brand assets or confidential info

Tone considerations:

  • Professional, not punitive: Influencers have audiences - public disputes damage both sides
  • Fact-based: Cite specific contract provisions breached, exact deliverables missed
  • Regulatory emphasis: Frame FTC disclosure failures as risk to BOTH parties
  • Commercial resolution: Offer options (cure + partial payment, full refund, negotiated settlement)
Remedies Menu
Breach Type Remedy Options
Missed posts • Cure: Post within X days for reduced fee
• Full refund + cancellation
• Prorated payment for partial delivery
Late posts (timing critical) • Full refund (campaign timing missed, no value)
• Partial refund reflecting reduced value
• Additional posts at no charge to compensate
FTC disclosure failure • Edit/repost with compliant disclosure
• Add disclosure to existing post
• Indemnify brand from FTC enforcement
• Fee reduction for non-compliant content
Morals clause violation • Immediate termination + refund
• Remove all brand-related posts
• Public statement disavowing association
• Damages for brand harm (harder to quantify)
Exclusivity breach • Remove competitor content
• Refund + liquidated damages (if in contract)
• Extended exclusivity period to compensate
When To Escalate vs. Settle

Settle/Compromise if:

  • Influencer responsive and willing to cure
  • Breach is technical (e.g., disclosure could be fixed with edit)
  • Campaign can still succeed with corrected posts
  • Refund amount is small relative to litigation costs
  • Public dispute would harm brand more than writing off loss

Escalate to litigation if:

  • Influencer completely ghosted or refuses to respond
  • Large contract value (tens of thousands) makes legal action economical
  • Morals clause violation is severe and public
  • Influencer continuing to harm brand (badmouthing, using confidential info)
  • Setting precedent for other influencer relationships
⚠️ Arbitration Clauses: Many influencer contracts require arbitration. Check your agreement before threatening lawsuit. Arbitration demand may be required first step.
For Influencers: Responding To Brand Demands
Common Defenses

Brand's own non-performance:

  • Brief delivered late (influencer couldn't meet original deadline)
  • Brand changed deliverables after agreement (scope creep)
  • Product never sent or sent defective/wrong product
  • Brand didn't provide necessary assets (logos, product info, etc.)
  • Approval process unreasonably delayed or conflicting feedback

Force majeure / impossibility:

  • Illness, hospitalization preventing timely posting
  • Platform outage or account suspension (if beyond influencer's control)
  • Unforeseen events making performance impracticable

Ambiguous contract terms:

  • Deliverables not clearly specified ("approximately 3 posts" vs. "exactly 3 posts by X date")
  • Approval rights not defined (how many revision rounds? what's timeline?)
  • Usage rights unclear (does "social media" include paid ads?)

FTC disclosure disagreements:

  • Brand's guidance was itself non-compliant (told you NOT to use #ad to avoid looking "too commercial")
  • Disclosure was present but brand claims insufficient (evolving standards, platform-specific variations)
  • Platform limitations (e.g., TikTok auto-deletes certain disclosures in some regions)

Morals clause overbreadth:

  • Alleged "misconduct" is private behavior unrelated to brand
  • Allegations not proven (brand terminating based on accusations, not conviction)
  • Brand's own conduct or other ambassadors' behavior equally problematic
Response Strategy

Immediate steps:

  1. Review contract: Re-read agreement, SOW, and all amendments - what exactly was promised?
  2. Gather evidence: Your communications, drafts sent for approval, proof of product receipt (or non-receipt), screenshots
  3. Check payment status: Were you fully paid? Partially paid? Is there a payment dispute already?
  4. Assess cure options: Can you fix the alleged breach? (Post now, edit disclosure, remove competitor content)
  5. Consult counsel: For high-value contracts or serious allegations, get legal review before responding

Response options:

Option When To Use
Agree to cure Breach is minor/fixable; relationship salvageable; you want to preserve reputation
Partial settlement Both sides have valid points; split the difference (partial refund, makeup posts, mutual release)
Assert defenses Brand's allegations are wrong; you have documentation showing compliance or brand's own breach
Counterclaim Brand owes YOU money (unpaid fees, scope creep, improper use of your content beyond license)
Refuse demand Demand is baseless; you're willing to defend in arbitration/litigation; small amount not worth conceding
Negotiation Tips
  • Acknowledge valid points: If you DID miss a post, own it - credibility helps negotiate rest
  • Propose middle ground: "I'll repost with compliant disclosure and accept 20% fee reduction" vs fighting over 100% refund
  • Document everything: Written responses only; create paper trail for potential dispute
  • Protect future income: Don't let brand publicly badmouth you or interfere with other partnerships
  • Mutual release: Any settlement should include mutual non-disparagement and release of claims
⚠️ Don't Ignore: Even if you think brand's demand is unfair, respond professionally. Ghosting brand after receiving demand letter worsens your legal position and damages reputation.
Sample Brand Demand Letters
Sample 1: Missed Deliverables + FTC Disclosure Failure
[Brand Name / Agency Name] [Address] [Date] [Influencer Name] [Address] [Email] Via Email & Certified Mail Re: Breach of Influencer Agreement - [Campaign Name] Dear [Influencer]: This letter concerns your failure to perform under our Influencer Marketing Agreement dated [date] for the [Product/Campaign Name] collaboration. CONTRACT TERMS: Per the Agreement and Statement of Work, you agreed to: • Create and post [3] Instagram feed posts featuring [Product] • Post [2] Instagram Stories with product demonstration • Include clear FTC disclosure (#ad or "Paid Partnership" label) • Post between [Date Range] • Submit all content for brand approval before posting • Compensation: $[Amount] + product ($[Value]) BREACHES: You have failed to perform as follows: 1. MISSED DELIVERABLES: • Only [1] Instagram feed post published (2 posts short) • Zero Instagram Stories posted • Missed campaign window (posts due by [date]; only 1 post on [late date]) 2. FTC DISCLOSURE FAILURE: • The single post published lacked proper FTC disclosure • No #ad hashtag or Paid Partnership label visible • This exposes both you and [Brand] to FTC enforcement action 3. APPROVAL VIOLATION: • Posted without submitting for brand approval first • Content included [incorrect product name / wrong messaging / off-brand elements] PAYMENT STATUS: You received full compensation: • Payment: $[Amount] (paid [date]) • Product: $[Value] (shipped [date], delivered per tracking) DEMAND: To resolve this breach, we require: OPTION 1 - CURE PERFORMANCE: • Post remaining [2] Instagram feed posts within 7 days • Post [2] Instagram Stories within 7 days • Add compliant FTC disclosure to existing post (edit to add #ad in first 3 hashtags) • Submit all new content for approval before posting • Complete performance = no fee reduction OPTION 2 - REFUND: • Refund $[Amount representing 2/3 of fee for undelivered posts] • Edit existing post to add compliant FTC disclosure • Return or pay for product ($[Value]) • Total refund: $[Amount] OPTION 3 - SETTLEMENT: • We're open to discussing alternative resolution • Must include FTC disclosure cure on existing post (non-negotiable) FTC REGULATORY RISK: Your failure to disclose the paid partnership violates 16 CFR Part 255 (FTC Endorsement Guides). The FTC holds brands responsible for ensuring influencer compliance. Your breach exposes [Brand] to: • FTC investigation and warning letters • Civil penalties • Reputational harm We require that you immediately edit the existing post to add clear FTC disclosure AND indemnify [Brand] from any FTC action related to your non-compliant post. DEADLINE: Please respond within 7 days with your chosen option or proposal for resolution. If we do not hear from you, we will: • Pursue arbitration under Section [X] of the Agreement • Seek full refund of fees + product value + damages • Report FTC disclosure violation to FTC (as required by our compliance policies) • Exercise all contractual remedies including pursuing you for damages caused by brand harm We prefer to resolve this amicably. Please contact [Name] at [Email] to discuss. Sincerely, [Brand Representative Name] [Title] [Brand/Agency Name] Enclosures: • Influencer Marketing Agreement • Statement of Work • Payment confirmation • Screenshot of non-compliant post • Campaign brief showing deadline requirements
Sample 2: Morals Clause Termination
[Brand Name] Legal Department [Address] [Date] [Influencer Name] [Address] Via Email & Certified Mail Re: Termination for Cause - Brand Ambassador Agreement Dear [Influencer]: Effective immediately, [Brand] is terminating the Brand Ambassador Agreement dated [date] for cause pursuant to Section [X] (Morals Clause). MORALS CLAUSE PROVISION: The Agreement states: "[Brand] may terminate this Agreement immediately if Ambassador engages in conduct or makes statements that bring Ambassador into public disrepute, contempt, or scandal, or that reflect unfavorably upon [Brand]." TERMINATION BASIS: On [date], you [posted content on social media / were arrested for / made public statements regarding] [describe conduct: "made racist remarks" / "posted video using illegal substances" / "were charged with assault"]. This conduct has: • Generated significant negative media coverage ([X] articles, trending on social media) • Led to consumer backlash against [Brand] for associating with you • Damaged [Brand]'s reputation and brand values • Violated [Brand]'s core values of [list values] Multiple consumers have contacted [Brand] demanding we end our relationship with you and threatening boycott if we do not. IMMEDIATE ACTIONS REQUIRED: Effective immediately, you must: 1. REMOVE ALL BRAND CONTENT: • Delete all social media posts featuring [Brand] products or branding • Remove [Brand] from your bio/profile descriptions • Cease wearing/using [Brand] products in any public appearances or posts 2. RETURN PROPERTY: • Return all [Brand] products provided to you (estimated value $[Amount]) • Return or destroy any confidential information, marketing materials, or brand assets 3. CEASE USE OF BRAND NAME: • Do not identify yourself as [Brand] ambassador or partner • Do not use [Brand] name, logo, or trademarks in any context 4. REFUND COMPENSATION: • Per Section [X], you must refund [Amount representing unearned portion of ambassador fee] • Payment due within 14 days LEGAL CONSEQUENCES OF NON-COMPLIANCE: If you fail to comply with these requirements, [Brand] will pursue: • Injunctive relief ordering removal of content and cessation of brand association • Damages for unauthorized continued use of brand assets • Refund of all compensation paid ($[Amount]) • Attorney's fees and costs per Agreement Section [X] [Brand] reserves all rights and remedies under the Agreement and applicable law. This termination is not a waiver of any claims [Brand] may have against you for breach of contract or other violations. [Brand] is evaluating potential claims for: • Damage to brand reputation and goodwill • Lost sales and business opportunities • Costs to manage crisis and restore brand image We will provide further notice if [Brand] elects to pursue such claims. CONFIRMATION REQUIRED: Please confirm within 3 business days that you have: • Removed all brand-related content from social media • Initiated return of brand products • Ceased all use of [Brand] name and marks Send written confirmation to [Email] and [Address]. Sincerely, [General Counsel / Legal Director] [Brand Name] CC: [Influencer's Manager/Agent, if applicable]
Sample 3: Exclusivity Violation
[Brand Name] [Address] [Date] [Influencer Name] [Address] Re: Breach of Exclusivity Provision - Demand for Cease and Desist Dear [Influencer]: This letter concerns your material breach of the exclusivity provision in our Influencer Partnership Agreement dated [date]. EXCLUSIVITY TERMS: Section [X] of the Agreement provides: "During the Term and for [6] months thereafter, Influencer shall not promote, endorse, or appear in advertising for any competing products in the [category: skincare / fitness supplements / etc.] category." Term: [Start Date] through [End Date] Exclusivity Category: [Skincare products] Exclusivity Period: Through [Date including 6-month tail] BREACH: On [date], you posted Instagram content promoting [Competitor Brand], a direct competitor in the [skincare] category. Specifically: • Feed post showing [Competitor Product] with caption "[quote caption]" • Tagged [Competitor Brand] and used hashtag #[CompetitorBrandPartner] • Post included disclosure "#ad" confirming paid partnership • Post remains live as of this letter This is a clear violation of the exclusivity provision during the restricted period. HARM TO [BRAND]: Your breach has caused: • Consumer confusion (your audience associates you with [Brand]; competing post dilutes our brand) • Wasted investment (we paid for exclusive endorsement in category) • Competitive damage ([Competitor] benefiting from credibility you built with [Brand]) CONTRACT REMEDIES: Per Agreement Section [X], breach of exclusivity entitles [Brand] to: • Liquidated damages of $[Amount specified in contract] • Return of compensation paid ($[Amount]) • Injunctive relief DEMAND: We demand you immediately: 1. REMOVE COMPETITOR CONTENT: • Delete the [Competitor Brand] post from all platforms • Confirm in writing no other competing brand content exists 2. CEASE COMPETITOR PROMOTION: • Terminate any relationship with [Competitor] • Do not post competing brand content through [exclusivity end date] 3. PAY LIQUIDATED DAMAGES: • Per Section [X]: $[Amount] • Due within 14 days ALTERNATIVE RESOLUTION: If you cure the breach within 3 days (remove content, cease competitor promotion, confirm termination of competitor deal), [Brand] will: • Waive liquidated damages • Continue partnership through end of Term • Require written assurance of future compliance If you do not cure, [Brand] will: • Terminate Agreement for cause • Demand full refund of all compensation ($[Amount]) • Pursue injunctive relief and damages in arbitration • Seek enforcement of non-compete and liquidated damages provisions Please respond within 3 days. Sincerely, [Brand Representative] [Brand Name]
FTC Compliance & Disclosure Requirements
FTC Endorsement Guides (16 CFR Part 255) - 2023 Update
📋 June 2023 Revision: FTC updated Endorsement Guides to address social media, influencer marketing, and online reviews. Key changes: expanded coverage of social media influencers, stricter disclosure requirements, and explicit brand responsibility for monitoring compliance.

Core Requirements:

  • Material connection must be disclosed: Any relationship between endorser and brand affecting credibility of endorsement
  • Types of material connections:
    • Payment (cash, products, services, gift cards)
    • Free products (even if unsolicited)
    • Affiliate links / commission arrangements
    • Employment or family relationship
    • Business relationship or investment
  • Clear and conspicuous disclosure: Disclosure must be "unavoidable" - can't require consumer to click, scroll, or take action to see it
Platform-Specific Best Practices
Platform Required Disclosure Non-Compliant Examples
Instagram Feed • #ad or #sponsored in first 3 hashtags OR
• "Paid Partnership" label
• Disclosure above "more" button		 • Hashtag #37 of 40
• "Thanks Brand!" without #ad
• Only in collapsed caption section
Instagram Stories • #ad visible on first frame OR
• "Paid Partnership" sticker
• No clicking required to see		 • Only on last frame of multi-frame Story
• Tiny text in corner
• Disappears too quickly to read
TikTok • "Paid Partnership" label OR
• On-screen text #ad throughout video OR
• Audio disclosure ("This is a paid ad for...")		 • Only in caption (not visible in For You feed)
• Mentioned once quickly in 60-second video
YouTube • Video disclosure (verbal + on-screen text) AND
• Description disclosure (first 3 lines)
• Use YouTube's paid promotion checkbox		 • Only in description below fold
• Mentioned once at end of 20-min video
• Ambiguous language
Twitter/X • #ad in tweet text (not just image)
• Must be visible without clicking/expanding		 • Only in reply thread
• In attached image text only
Brand Monitoring Obligations

FTC requires brands to:

  • Educate influencers: Provide clear guidance on FTC disclosure requirements
  • Include disclosure terms in contracts: Written requirements, not just verbal guidance
  • Monitor compliance: Review influencer posts to ensure proper disclosure
  • Enforce corrections: Require influencers to edit or remove non-compliant content
  • Document compliance efforts: Maintain records showing brand took reasonable steps
Enforcement Actions & Penalties

Recent FTC cases:

  • FTC v. Lord & Taylor (2016): $11,000 penalty for paid Instagram posts by influencers without disclosure
  • FTC v. Teami (2020): $15 million (suspended to $1M) for fake reviews and inadequate influencer disclosures
  • FTC v. Fashion Nova (2022): $4.2 million for suppressing negative reviews and failing to disclose paid influencer posts

Potential penalties:

  • Civil penalties up to $50,120 per violation (2023 amount, adjusted annually for inflation)
  • Corrective advertising / consumer notice requirements
  • Consent decrees with ongoing monitoring
  • Negative publicity from FTC press releases
Best Practices For Brands
  • Written disclosure requirements: Include specific platform-by-platform guidance in contract
  • Approval process: Review all content for compliance BEFORE posting
  • Monitoring: Spot-check influencer posts; use social listening tools
  • Correction protocol: Have process to quickly get non-compliant posts edited or removed
  • Documentation: Keep records of compliance training, approvals, and correction requests
  • Indemnification: Include indemnity clause for influencer's knowing violations, but don't rely on it to avoid FTC liability
Attorney Services - Influencer Marketing Disputes
Brand-Side Influencer Contract Enforcement

I represent brands, agencies, and influencers in influencer marketing disputes. I handle contract enforcement, FTC compliance counseling, and both sending and defending demand letters for missed deliverables, disclosure failures, and morals clause issues.

Services for Brands & Agencies
  • Draft and send demand letters for influencer contract breaches
  • Enforce morals clauses, exclusivity provisions, and non-disparagement terms
  • Pursue refunds and liquidated damages for non-performance
  • Handle FTC compliance issues (correcting disclosure failures, responding to FTC inquiries)
  • Negotiate settlements when influencer breaches contract
  • Draft influencer agreements with enforceable terms and FTC-compliant disclosure requirements
  • Pursue injunctive relief for ongoing violations (competitor promotion, unauthorized brand use)
Services for Influencers & Creators
  • Defend against brand demands for refunds or breach claims
  • Negotiate settlements when performance issues arise
  • Assert defenses (brand's own breach, scope creep, force majeure)
  • Review contracts before signing (identify unfavorable terms, negotiate improvements)
  • Advise on FTC compliance to avoid brand disputes
  • Handle payment disputes (brands not paying for completed work)
Representative Matters
  • Brand: Recovered $45k from influencer who ghosted after payment, violated exclusivity with competitor
  • Brand: Negotiated morals clause termination + content removal after influencer controversy
  • Influencer: Defended against $30k refund demand; settled for $8k after proving brand's scope creep
  • Influencer: Resolved FTC disclosure dispute; brand accepted corrected posts without fee reduction
  • Agency: Drafted template influencer agreements with FTC-compliant disclosure requirements for 50+ brand clients
Why Influencer Marketing Experience Matters
Industry Knowledge: Influencer marketing contracts have unique issues (platform-specific deliverables, FTC compliance, usage rights, whitelisting) not found in traditional advertising. I understand both brand and creator perspectives, platform mechanics, and evolving FTC guidance.
Fee Structures
  • Demand letter: Flat fee $450
  • Contract review (creator-side): Flat fee ($500-$1,500 depending on complexity)
  • Settlement negotiation: Hourly or percentage of amount recovered/saved
  • Litigation/Arbitration: Hourly or hybrid (flat fee + hourly/contingency)
  • Contract drafting (brands): Flat fee ($2,000-$5,000 for template + customization)
Schedule a Call

Book a call to discuss your influencer marketing dispute. Whether you're a brand seeking to enforce contract terms or a creator defending against demands, I'll assess your situation and recommend strategy.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Depends on contract language and severity of conduct. Strong morals clauses allow termination for conduct bringing influencer "into public disrepute" or "reflecting unfavorably" on brand. Courts generally uphold termination for criminal conduct, hate speech, or serious public controversies. Weaker grounds: private behavior, political views (unless brand explicitly prohibited), or allegations without evidence. Best practice: morals clause should specify examples (illegal conduct, offensive content, behavior inconsistent with brand values) and give brand sole discretion to determine whether conduct violates. Get legal review before terminating - wrongful termination claims are expensive.
Yes - FTC holds BRANDS responsible for ensuring influencer compliance. FTC Endorsement Guides require brands to: (1) Educate influencers about disclosure requirements, (2) Monitor influencer content for compliance, (3) Enforce corrections when disclosures are inadequate. Having "influencer must comply with FTC rules" in contract is not enough - brand must actively monitor and enforce. If influencer posts without disclosure, brand should immediately request edit to add disclosure. Document your compliance efforts: contracts with disclosure requirements, training provided to influencers, monitoring processes, correction requests. This shows good faith if FTC investigates.
Probably not full refund, but partial refund reasonable. Courts consider: (1) Did late post still provide value? (2) Was timing essential to contract? (3) What damages did brand suffer? If timing was critical (holiday campaign, product launch, time-sensitive promotion), late post provides little/no value - full refund justified. If timing less critical and late post still reached audience, prorated refund fair (e.g., 50% if post was 2 weeks late for 4-week campaign). Liquidated damages clause helps - specify "time is of the essence" and penalty for late performance. Without clear contract terms, brand must prove actual damages from delay.
Burden is on brand to prove delivery. Use trackable shipping (UPS/FedEx with signature confirmation, not regular mail). If tracking shows delivered but influencer claims not received: (1) Check if address was correct, (2) Confirm signature or delivery photo, (3) Offer to re-send if stolen/lost. If influencer truly didn't receive product, brand's failure to deliver excuses influencer's non-performance. If influencer lying (tracking proves delivery), that's bad faith - strengthens brand's case. Best practice: Confirm receipt before deadline ("Did product arrive? Please confirm so we can finalize posting schedule"). This creates record and prevents last-minute excuses.
Consider: (1) Complexity - is this straightforward breach (influencer ghosted) or complex (competing claims of scope creep)? (2) Precedent - do you have other influencer relationships where winning this sets good precedent? (3) Economics - is $5k the fee or total potential exposure (fee + damages + costs)? (4) DIY feasibility - can you draft effective demand letter yourself? For simple breach (ghosting, clear missed deliverables), try demand letter yourself first. For complex disputes (morals clause, FTC issues, competing breach claims), legal advice cheap compared to wrong move. Many attorneys offer limited-scope representation - draft/review demand letter ($1,500) without full litigation representation. Escalate to litigation only if demand ignored and amount justifies cost.

Influencer Contract Breach — When Brands Need to Enforce

Most influencer marketing disputes involve creators chasing brands for unpaid fees. But brands face their own contractual challenges when influencers fail to deliver posts, miss deadlines, violate exclusivity agreements, ignore FTC disclosure requirements, or trigger morals clauses through controversial conduct. When a paid influencer campaign goes wrong, brands need to enforce contract terms to recover fees already paid, recoup damages from failed campaigns, protect their reputation, and ensure FTC compliance. Understanding when and how to send demand letters for influencer contract breaches is essential for brands investing in creator marketing.

Common Influencer Contract Breaches Brands Face

FTC Compliance — Why Brands Must Enforce Disclosures

Under the FTC's updated Endorsement Guides (16 CFR Part 255), brands are responsible for monitoring and enforcing disclosure requirements—not just influencers. If an influencer fails to disclose a paid partnership properly, the brand faces potential FTC enforcement action, including warning letters, consent orders, and civil penalties. This makes influencer disclosure compliance a contract enforcement priority. Brands should require clear #ad or #sponsored tags in visible locations (not buried in hashtag strings), audio and visual disclosures in videos, and platform-specific tools like Instagram's "Paid partnership" label. When influencers fail to comply, brands must demand immediate correction or face regulatory risk.

Brand Remedies for Influencer Breach

When to Send a Demand Letter to an Influencer

Demand letters to influencers should be firm but professional—the creator economy is relationship-driven, and scorched-earth tactics can hurt future partnerships. Send a demand letter when: the influencer has missed contracted deliverables and informal follow-up has failed; the influencer posted without proper FTC disclosures and hasn't corrected after initial notice; exclusivity violations are discovered; or morals clause triggers require contract termination and fee recovery. The letter should cite specific contract provisions, document the breach with evidence (screenshots, timestamps, tracking data), demand specific remedies (refund, re-posting, disclosure correction), and set a clear deadline for compliance before escalation to litigation or public dispute.