A 20-year-old "influencer" has been sued in a New York court for allegedly violating a contract.
The man signed a contract with a public relations firm and was to receive $60,000 for wearing the eyewear of the firm's client in a handful of specified situations. He received $45,000 of the payment in advance.
Under the terms of the agreement, the man was supposed to:
- Appear in a minimum of one Instagram post and three Instagram stories wearing the eyewear. One of the stories had to come from New York's fashion week, and a second had to come from fashion week in either Paris or Milan.
- Have a link in two of the three stories to a place where people could buy the eyewear.
- Allow each post to be reviewed once before publishing it.
- Give the public relations firm the analytics that showed the success of the post within 24 hours of the time it went online.
According to the lawsuit, however, the man made the one Instagram post but had only one Instagram story that showed him wearing the eyewear. The story wasn't produced in Paris, New York or Milan.
The public relations firm is seeking repayment of the $45,000 he received, claiming breach of contract. The firm also is suing for unjust enrichment.
According to the lawsuit, the man agreed that he didn't live up to the contract but wouldn't repay the money. The firm is seeking repayment of the $45,000, plus interest and fees, bringing the total to $90,000.
Any time a contract is breached, the impacted party can seek relief from the courts. If you find yourself on either side of the contract equation -– not being paid for your work or having someone take your payment without performing the contracted services – a New York attorney with experience in contract law can help.