Case Study 4 (Cross‑Border – UK & EU): Fake Follower Discovery & Contract Termination
Client: International supplement brand, headquartered in London, with campaigns across the UK, Germany, and France
Jurisdiction: Cross‑border (England and Wales governing law)
Issue: Influencer with suspicious engagement metrics – potential brand safety risk after signing
The Problem
The brand had signed a €20,000 contract with a fitness influencer who claimed 500,000 followers across Instagram and TikTok. Before the campaign launched, the brand's marketing team noticed that the influencer's engagement rate had dropped from 6% to 0.8% overnight. A third‑party audit suggested that 65% of the influencer's followers were either bots or inactive accounts.
The brand wanted to terminate the contract without paying the influencer, but the standard agreement did not contain a clause addressing fraudulent metrics.
Our Approach
LegalLens reviewed the agreement and found that it included a general representation and warranty clause, where the influencer warranted that all information provided was "true and accurate." We argued that the inflated follower count and engagement rate constituted a material misrepresentation (and potentially a misrepresentation under the Misrepresentation Act 1967, which applies to English law contracts regardless of the influencer's location).
We sent a letter to the influencer's agent giving notice of termination due to breach of warranty, and offered to pay for any work already completed (none). The alternative was legal proceedings for fraudulent misrepresentation.
Outcome
The influencer agreed to walk away with no payment. The brand avoided a €20,000 loss and used our revised contract template – which now includes a warranty on audience authenticity and a right to audit metrics – for all future campaigns.
Key takeaway: Always include a warranty on the authenticity of engagement metrics and a right to terminate if a third‑party audit reveals material inaccuracy.
Ready to Protect Your Next Influencer Campaign?
Every case is unique, but the patterns are predictable. LegalLens helps influencers and brands avoid the same pitfalls – through better contracts, smarter negotiation, and fast dispute resolution.
📩 Contact us at contact@legallens.co.uk for a free 15‑minute consultation. Fixed fees are always capped at 10% of contract value.
These case studies are based on real client work but have been anonymised and modified to protect confidentiality. They do not constitute legal advice and results vary depending on individual circumstances.
