Don’t Relax: Why the Eleventh Circuit’s Dismissal Doesn’t End Influencer Class Actions

On August 1, 2025, the Eleventh Circuit dismissed a class action against a swimwear brand and its influencers over undisclosed paid endorsements. At first glance, this looks like a win for brands using influencer marketing. But in reality, it’s a warning sign: weak lawsuits may fail, but stronger ones are coming and the FTC can still fine $43,792 per violation.

What happened?

The court agreed that the complaint “sounded in fraud” and therefore had to meet the heightened Rule 9(b) particularity standard. In plain English: if you’re going to allege deception, you need to spell out the who, what, when, where, and how with specifics.

The plaintiff here didn’t. They didn’t name which influencers made which posts, or explain how those posts caused purchases. Because the allegations lacked detail, the case was dismissed.

For the full Eleventh Circuit summary, see No Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear Endorsements by Balaji & Schultz (Aug. 11, 2025).

What this means (and doesn’t mean) for brands

• It doesn’t mean influencer lawsuits are going away.
  This case was thrown out because it was sloppy, not because the theory was invalid.
• It sets a higher bar for plaintiffs — but one they can meet.
  A better-organized firm, with screenshots, dates, influencer handles, and receipts, can still clear Rule 9(b).
• The FTC doesn’t need to clear that bar at all.
  Regulators can still bring enforcement actions for deceptive ads, with fines of $43,792 per violation.

The takeaway for marketers and legal teams

Don’t take this as a signal to relax. Instead, take it as proof that the burden of proof is everything. Plaintiffs will lose if they don’t have receipts — and your brand will win if you do.

That’s why SwayID exists: to give brands and creators provable FTC compliance, with:

• ✅ $15K/post legal coverage
• ✅ Automated FTC-safe disclosures
• ✅ Court-defensible audit logs

The Eleventh Circuit’s decision is available here.

Bottom line

The Eleventh Circuit didn’t kill influencer class actions. It just killed weak ones. Stronger, better-documented lawsuits are coming — and the FTC isn’t slowing down.
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If your ads aren’t provably compliant, you’re playing with fire.