Just four days ago, I wrote about two class actions taking aim at influencer campaigns that allegedly failed to follow disclosure rules (link here). And now—another one. This time, it's against fashion powerhouse, Revolve.
Filed in the Central District of California, this latest class action alleges that Revolve and several of its influencer partners violated consumer protection laws by allegedly failing to clearly and conspicuously disclose paid partnerships. The suit seeks more than $50 million in damages and shines another spotlight on the growing litigation risk brands and influencers face when social media marketing allegedly doesn't meet legal standards.
The Allegations: Influencers in Disguise
The complaint alleges that Revolve built its business model around influencer marketing and compensated high-profile influencers—including defendants, Cindy Mello, Tika Camaj, and Nienke Jansz—with payments and perks. These influencers allegedly promoted Revolve products on Instagram (including tagging @revolve and its brands) but, according to the complaint, lacked compliant (or in some cases, any) material connection disclosures.
The Damages Theory: Inflated Prices from Misleading Endorsements
The lawsuit relies on a well-established price premium theory: consumers paid more for Revolve products because they were misled into thinking the recommendations were organic. The plaintiff, Ligia Negreanu, claims she purchased Revolve products at a premium, believing the endorsements she saw were authentic expressions of personal preference—not paid ads. According to the complaint, the influencers' apparent enthusiasm inflated the perceived value of the products, and Revolve's sales soared because of it.
Now, the plaintiff is seeking over $50 million in restitution, damages, and injunctive relief under the FTC Act, Florida's Deceptive and Unfair Trade Practices Act, California's UCL, FAL, and CLRA, and "little FTC Acts" in more than two dozen states.
A Pattern Emerges: Class Action Enforcement is Heating Up
As I noted earlier this week, class actions may become a new enforcement mechanism for influencer marketing practices. When disclosure falls short, it's not just the FTC you have to worry about—it's also a growing pool of private litigants ready to sue.
What Brands Should Do Now
Audit influencer content: Are disclosures clear, conspicuous (or, if in digital, "unavoidable"), and consistent?
Tighten contracts: Include disclosure obligations and monitoring rights.
Develop a monitoring program: Advertisers need to have reasonable programs in place to train and monitor members of their network. Do you have such a program? If not, now is the time to implement one. If you have a program, is it working?
Train partners: Don't assume influencers know the rules—even the seasoned ones.
Stay current: Guidelines evolve, and so do legal theories in these suits.
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