Influencers, including “micro influencers,” are increasingly popular as ways to market online. An influencer with followers from 250k to 1 million can bring more customers to a specific website, and storybox shows that 71% of users look for influencer recommendations before buying.social media marketing - a table of social media marketers and expert witnesses at a panel discussion

For example, users want to scroll to TikTok to discover new trends and shopping options. And they are hungry to spend their dollars! If a company is looking to target a specific audience, the right influencer on a social media platform can boost its online profile. (If you don’t know what an influencer is, check out this article on Coursera).

There are around 58 million influencers worldwide and 30% of them are a full-time income from their social media hustle. That success inspires other influencers who want and live the dream, too. But what can they do to stand out from the rest and get the eyeballs that companies will pay for? Some can go too far to achieve their goals and those mistakes that can cause a ripple effect for companies. If you hire influencers, do your due diligence. Be wary of things that look real but may not be so real (in terms of relationships)… For instance:

  • Posts that imply non-existent company partnerships.
  • Using vague hashtags suggesting they are connected to a specific company they are not.
  • Generating AI images to exaggerate product performance and to push more sales.
  • Collecting data and dismissing protection laws around consumer data t use for their self-promotion or other means.
  • Using copyrighted images, videos, or music for their posts and videos.

The rise in social media court cases can involve influencers who create more problems than the solve. I know. As an expert witness in social media, I have seen more than my fair share of train wrecks – most of which (fortunately) remain confidential. Customers don’t know who used their data or why influencer promises didn’t meet their expectations. Even if a business wasn’t involved, they may get the blame and wind up in court.

Attorneys: If Your Client Didn’t Ask for It, They Shouldn’t Be Blamed for It

Litigation around social media is moving at a sonic-level pace. Half-truths, misunderstandings, and various complicated expectations have thrown companies into deep water. And attorneys increasingly need a social media expert witness to clearly explain those complex facts distinguishing users, platforms, and brands. Whether a company hired the influencer or not, if they didn’t ask for a service, they should not be blamed for the fallout. I’ve watched the rise of the influencer marketing and can explain the truth about ‘who is promising what’. If a business is accused of misconduct on platforms like TikTok, Instagram, YouTube, or LinkedIn, I’ll conduct a thorough investigation to get to the facts. My goal – ALWAYS – as an expert witness is to be FACT BASED. But what are the facts? That can get very, very complicated, very very fast!

If your business is facing blame for a marketing strategy it never requested or needs clarity around digital marketing impacts in a court case, contact me today. I help attorneys connect the dots to to understand what happened, when, where, and how when it comes to social media.