📋 Overview
You've received a demand letter from a sponsor or brand claiming breach of your podcast sponsorship agreement. Podcast sponsorship disputes often involve questions about deliverables, download metrics, disclosure compliance, and performance expectations. This guide will help you understand your position and respond strategically.
Performance vs. Delivery
Unless you guaranteed specific sales/conversions (inadvisable), you're responsible for delivering agreed ad reads - not for the sponsor's business results.
FTC Disclosure
Proper disclosure of sponsored content is required. "Brought to you by" or "sponsored by" typically satisfies requirements under FTC Endorsement Guides.
Metrics Verification
If download numbers are disputed, your hosting platform's analytics (especially IAB 2.1 certified) are your primary evidence.
Common Podcast Sponsorship Claims
- Non-delivery - Sponsor claims ad reads weren't published or were incomplete
- Metrics disputes - Claimed download/listen numbers were inflated or not achieved
- Disclosure failures - Allegations of improper FTC disclosure
- Content violations - Ad read didn't match approved script or brand guidelines
- Performance claims - Product didn't sell as sponsor expected
- Exclusivity breach - Claims you promoted competing products
- Refund demands - Sponsor wants money back for various reasons
Case review, response letter addressing sponsor claims, and strategic guidance for your specific situation.
🔍 Evaluate the Claim
Before responding, gather your documentation and carefully assess whether the sponsor's claims have merit.
Risk Assessment Matrix
| Claim Type | Potential Exposure | Risk Level |
|---|---|---|
| Complete Non-Delivery | Full refund + consequential damages if provable | HIGH |
| FTC Disclosure Violation | Regulatory action + sponsor indemnification claims | HIGH |
| Metrics Misrepresentation | Partial refund + fraud allegations if intentional | MEDIUM |
| Script/Content Deviation | Partial refund or re-recording costs | MEDIUM |
| Poor Sales Performance | Generally none - business risk is sponsor's | LOW |
📄 Agreement Documents
- ✓ Signed sponsorship agreement/contract
- ✓ Insertion order or campaign brief
- ✓ Approved script or talking points
- ✓ Any guaranteed metrics or KPIs
📝 Delivery Evidence
- ✓ Episode files with timestamps
- ✓ Hosting platform download analytics
- ✓ Publication date confirmation
- ✓ Communications confirming delivery
Check Your Metrics Source
If metrics are disputed, your hosting platform's analytics are key. IAB 2.1 certified measurement (Spotify, Apple Podcasts, Megaphone, Simplecast, etc.) provides industry-standard verification. Third-party verification can help if the sponsor questions your numbers.
🛡 Defense Strategies
Podcast sponsorship claims often fail because sponsors misunderstand what they purchased. Here are your key defenses.
Full Delivery of Contracted Services
If you delivered all agreed-upon ad reads in the specified episodes, published on time, and made proper disclosures, you've fulfilled your obligations. The sponsor's dissatisfaction with their own product's performance is not your liability.
No Performance Guarantee
Podcast advertising, like all advertising, doesn't guarantee results. Unless your contract specifically guaranteed sales, conversions, or other outcomes, the sponsor bears the business risk. You sell access to your audience, not guaranteed purchases.
Proper FTC Disclosure Made
FTC Endorsement Guides require clear disclosure of material connections. Standard disclosures like "This episode is sponsored by..." or "Brought to you by..." typically satisfy requirements. If you made proper disclosures, you've complied with law.
Sponsor's Own Breach
If the sponsor failed to pay, delivered materials late, or otherwise breached their obligations first, you may have grounds to excuse non-performance or assert counterclaims. First breach by the sponsor can be a complete defense.
Metrics Per Industry Standards
If your download numbers came from IAB 2.1 certified measurement, these are the industry standard. Sponsors who later claim numbers were "inflated" must explain why industry-standard measurement is wrong.
Weak Defenses to Avoid
- "Other sponsors are happy" - Irrelevant to this specific dispute
- "Their product is bad" - Could expose you to defamation claims
- "Downloads are unpredictable" - If you quoted specific numbers
- "I'm a small podcaster" - Size doesn't excuse contract breach
⚖ Response Options
Choose your response strategy based on the strength of your position and business considerations.
Our Response Services
- 📄 Demand letter: Flat fee $450
- ⏱️ Extended negotiation: $240/hr
- 📊 Contingency: 33-40% for strong claims
Reputation Considerations
The podcast sponsorship world is relatively small. Major sponsors and agencies share information about problematic podcasters. Consider whether a modest resolution protects your future sponsorship opportunities better than an adversarial fight, even if you'd likely win.
📝 Sample Response Letter
Customize this response template for your situation.
🚀 Next Steps
Immediate actions to protect your podcast and business.
Step 1: Gather Documentation
Collect contract, episode files, analytics exports, and all communications with the sponsor.
Step 2: Export Analytics
Download your hosting platform's analytics for the campaign period. Timestamp them now.
Step 3: Respond in Writing
Send formal written response within 30 days. Don't ignore the demand letter.
Step 4: Preserve Evidence
Keep copies of everything. If episodes are still live, archive them in case of later disputes.
If They Threaten Legal Action
- Check contract jurisdiction - Where would any lawsuit be filed?
- Review limitation of liability - Many contracts cap damages
- Assess counterclaims - Do they owe you money?
- Consider cost-benefit - Is fighting worth more than resolution?
If They Post Negative Content
- Document everything - Screenshots of any defamatory statements
- Consider response options - Sometimes silence is better than engagement
- Consult on defamation - False statements of fact may be actionable
Protect Your Podcast Business
Sponsorship disputes can threaten your reputation and future deals. Get professional help crafting an effective response.
Schedule Consultation - $450Resources
- FTC Endorsement Guides: ftc.gov/endorsement-guides - Disclosure requirements
- IAB Podcast Measurement: iab.com - Industry measurement standards
- Podcast Standards Project: podcaststandardsproject.com - Best practices