💰 Influencer Non-Payment Overview
As an influencer or content creator, you provide valuable services to brands. When they fail to pay for completed work, California law provides strong remedies to help you recover what you are owed - plus interest, and potentially more.
Common Non-Payment Scenarios
📷 Sponsored Posts
Brand refuses to pay after you posted the agreed content on Instagram, TikTok, or YouTube
🎥 Video Collaborations
You created video content, delivered it, but payment never arrived
📦 Product Reviews
Brand sent products, you reviewed them, but they ghosted on the cash payment portion
💼 Agency Deals
Talent agency or marketing firm that booked the deal has not paid you
💰 California Favors Creators
California has some of the strongest contract enforcement and prompt payment laws in the country. If you performed the work as agreed, you have powerful legal tools to recover payment, including 10% annual prejudgment interest on the amount owed from the date payment was due.
Why Brands Do Not Pay
🚫 Bad Faith
Some brands never intended to pay, hoping creators will not pursue legal action
📋 Disputed Deliverables
Brand claims content did not meet specifications (often pretextual)
💸 Cash Flow Issues
Brand or agency has financial problems and delays payment
👤 Disappeared Contact
Your brand contact left the company, and no one took over payment
📚 What You'll Learn
This guide covers everything California influencers need to know about recovering unpaid brand deal fees.
⚖ California Legal Framework
Specific California statutes protecting creators: Civil Code, Business & Professions Code, and Labor Code provisions
💰 Damages You Can Recover
Contract amount, prejudgment interest, consequential damages, attorney fees, and more
📋 Evidence Collection
What documentation to gather: contracts, communications, delivery proof, and approvals
📝 Demand Letter Templates
Professional sample language citing California law to maximize your leverage
💡 Pro Tip: Act Quickly
The sooner you send a demand letter, the more likely you are to get paid. Brands are more responsive when the deal is fresh, and waiting too long can make evidence harder to locate. Plus, interest starts accruing from when payment was due.
⚖ California Legal Framework
California provides multiple legal avenues for creators to recover unpaid fees. Understanding these laws strengthens your demand letter and litigation position.
Contract Law Remedies
California Civil Code Sections 3300-3302 - Contract Damages
Entitles you to recover the full contract amount plus any consequential damages that were foreseeable at the time of contracting. If you lost other opportunities because the brand deal fell through, you may recover those losses too.
California Civil Code Section 3287 - Right to Prejudgment Interest
When the amount owed is certain or easily calculable, you are entitled to prejudgment interest from the date payment was due. This compensates you for being deprived of your money.
California Civil Code Section 3289 - Interest Rate
Sets the prejudgment interest rate at 10% per annum for contract claims (or 7% if not specified in writing). On a $10,000 unpaid fee, that is $1,000 per year in additional damages.
Unfair Business Practices
California Business & Professions Code Section 17200 (UCL)
California's Unfair Competition Law prohibits any unlawful, unfair, or fraudulent business practice. Non-payment schemes, especially patterns of stiffing creators, can constitute unfair practices. Provides for injunctive relief and restitution.
California Civil Code Section 1770 (CLRA)
The Consumers Legal Remedies Act protects against deceptive practices. If the brand made false promises about payment terms, this statute may apply and provides for actual damages, punitive damages, and attorney fees.
Employment Law (If Applicable)
California Labor Code Sections 201-204 - Prompt Payment
If you are classified as an employee (or should be under California's ABC test), these sections require prompt payment of all wages. Violations can result in waiting time penalties of up to 30 days' wages under Labor Code Section 203.
California Labor Code Section 226.8 - Willful Misclassification
If the brand misclassified you as an independent contractor to avoid payment obligations, penalties range from $5,000 to $25,000 per violation. This is increasingly relevant as California scrutinizes gig economy classifications.
Statute of Limitations
| Claim Type | Time Limit | California Code |
|---|---|---|
| Written Contract | 4 years | CCP Section 337 |
| Oral Contract | 2 years | CCP Section 339 |
| UCL (Unfair Competition) | 4 years | B&P Code 17208 |
| Fraud | 3 years | CCP Section 338(d) |
| Wage Claims | 3 years | CCP Section 338 |
⚠ Get It In Writing
Always get brand deals in writing. A written contract gives you a 4-year statute of limitations and makes damages easier to prove. Even a detailed email exchange can constitute a written agreement under California law.
📋 Evidence to Gather
Strong documentation is essential for recovering unpaid fees. Gather this evidence before sending your demand letter.
📄 Contract & Agreement
- ✓ Signed contract or agreement (if any)
- ✓ Email chain confirming deal terms
- ✓ DM conversations about the collaboration
- ✓ Payment terms and due dates agreed upon
📷 Proof of Delivery
- ✓ Screenshots of posted content
- ✓ URLs to published posts/videos
- ✓ Analytics/engagement data if required
- ✓ Email confirming content submission
✅ Brand Approval
- ✓ Written approval of content/deliverables
- ✓ Email saying "looks great" or similar
- ✓ Proof brand used/promoted your content
- ✓ No revision requests within contract period
💸 Payment Records
- ✓ Invoice(s) you sent to the brand
- ✓ Any partial payments received
- ✓ Communications about payment delays
- ✓ Excuses or promises brand made
💡 Screenshot Everything
DMs can be deleted, emails can be lost, and brand contacts can leave companies. Screenshot all communications immediately and save them in multiple locations. Include timestamps in your screenshots.
📄 Sample Demand Letter Language
Use these templates to draft your demand letter. Replace highlighted placeholders with your specific information.
Opening Paragraph
Performance Summary
- On [DATE], I delivered [CONTENT DESCRIPTION] as specified
- On [DATE], I received written approval from [CONTACT NAME] confirming the content met all requirements
- On [DATE], I posted the content to my [PLATFORM] account, where it remains live
- The content achieved [ENGAGEMENT METRICS if relevant], meeting or exceeding campaign goals
I have documentation of each of these facts available should litigation become necessary.
Legal Basis - California Law
Your conduct may also constitute an unfair business practice under California Business & Professions Code Section 17200, which prohibits unlawful, unfair, or fraudulent business acts. Systematic non-payment to content creators exposes your company to additional liability including injunctive relief and restitution.
Demand and Deadline
- Contract Amount: [$PRINCIPAL]
- Prejudgment Interest (10% from [DUE DATE]): [$INTEREST]
- Total Due: [$TOTAL]
Payment must be received no later than [DATE - typically 14 days from letter]. Payment should be made payable to "[YOUR NAME/BUSINESS]" and sent to [YOUR ADDRESS], or via wire transfer to the account information I will provide upon your confirmation of intent to pay.
Consequences
- The full contract amount plus continuing interest
- Consequential damages for lost opportunities
- Attorney fees and costs (if provided in our agreement)
- Any additional remedies available under California Business & Professions Code Section 17200
Additionally, I reserve the right to publicly disclose your company's non-payment practices to warn other content creators, consistent with California's strong protections for truthful speech about business conduct.
I strongly encourage you to resolve this matter promptly.
📝 Need Professional Help?
I draft influencer non-payment demand letters for a flat fee. Each letter is customized with proper California legal citations and designed to maximize your leverage. Contact me or book a consultation.
❓ Frequently Asked Questions
Oral contracts are enforceable in California for services under $500 (and often above). However, you have a shorter statute of limitations (2 years vs. 4 years) and may face challenges proving exact terms. Gather all circumstantial evidence: DMs, emails, text messages, and any witnesses. Even informal written communications can help establish the agreement.
Likely yes. If the brand purposefully reached out to California creators, contracted for services performed in California, or their content targets California audiences, California courts often have jurisdiction. Your contract may also specify California jurisdiction. Consult an attorney to confirm jurisdiction for your specific situation.
This depends on your contract terms. Many influencer agreements grant the brand a license to use the content only upon full payment. If payment was a condition of the license, you may have grounds to revoke it and take down the content. However, be careful - some contracts grant irrevocable licenses. Review your agreement or consult an attorney before removing content.
For amounts up to $10,000, Small Claims Court is excellent. It is fast (usually resolved in 30-70 days), inexpensive (filing fees under $100), and you do not need a lawyer. The brand must appear in California, which often motivates out-of-state companies to settle rather than travel. For amounts over $10,000, you would need to waive the excess or file in Superior Court.
If you delivered content meeting the contract specifications and they approved it (or failed to request revisions within the agreed timeline), subjective complaints about quality are generally not grounds for non-payment. Document any approvals carefully. Under California law, parties must act in good faith - rejecting satisfactory work to avoid payment violates this duty.
California has strong protections for truthful speech. Stating factual information - "Brand X has not paid me $5,000 they owe for a campaign completed in January" - is generally protected. However, be careful to stick to provable facts, avoid defamatory exaggerations, and check if your contract has a non-disparagement clause (these are often unenforceable in California but require careful analysis).
Options range from free to significant. Small Claims Court costs under $100 in filing fees. Demand letters from an attorney typically cost $300-$750. Full litigation can cost thousands, but many contracts include attorney fee provisions that let you recover these costs if you win. Some attorneys work on contingency for larger claims.
Get Paid What You Earned
You created the content, you delivered results, you deserve payment. I help California influencers recover unpaid fees from brands and agencies.
Book a ConsultationOr email me directly: owner@terms.law