Consumer Relations with Followers: Increasing Influencers' Responsibility
- Piva Advogados
- Feb 12
- 3 min read
In January, a decision by the Paraná Court of Justice caused an important landmark in the discussion about the responsibility of digital influencers. The 1st Appellate Panel of the Special Courts of the Paraná Court of Justice determined that there was a consumer relationship between a digital influencer and a follower, leading the influencer to be ordered to compensate the follower R$2,000 for a product she didn't receive, despite having been bought on her recommendation. What makes this decision so relevant? The conclusion that, in certain circumstances, influencers can be considered part of the consumer chain, extending their legal responsibilities.
The “Assimilated Supplier” Theory
The judgment was based on the “assimilated supplier theory”, which holds that the influencer, when promoting a product as part of a commercial partnership with the manufacturer, takes an active role in the transaction, becoming liable even if they did not manufacture or distribute the product. The decision also took into account the “appearance theory”, which recognizes that the influencer can be seen as part of the consumption process when the context or form of promotion suggests this relationship to the consumer.
This understanding is not restricted to the promotion of branded products. When the product or service bears the name or image of the influencer, their responsibility becomes even more evident. For consumer law experts, the change in understanding is clear: influencers must now take a more careful stance when recommending products and services.
The Connection Between Influencers and Followers
The responsibility of influencers is not just limited to their participation in product sales. The relationship of trust between influencers and followers, which is often established in a more intimate way than traditional advertising campaigns, is one of the reasons why this responsibility should be broader. It has been understood that, unlike traditional advertising campaigns, where the consumer is more skeptical, in the digital environment, followers trust more deeply in what influencers recommend, making this consumer relationship even stronger.
As Renata Abalém, legal director of the Institute for Consumer and Taxpayer Defense (IDC) notes, the line between what is advertising and what is personal recommendation is becoming increasingly difficult to draw. She believes that influencers should be held responsible for generating consumer desire in their followers, based on the emotional influence they exert.
Legal implications for influencers
The growing legal understanding of influencers' liability is a reaction to the professionalization of the influencer market. Consumers are no longer just reacting to conventional advertising, but often making purchasing decisions based on the trust they place in influencers.
The decision by the Paraná Court of Justice serves as a warning for influencers to be more cautious when entering into commercial partnerships, understanding that by promoting a product they assume legal responsibility for it.
The Future of Liability in the Digital Market
The law is clearly evolving with regard to the liability of influencers and the use of the internet and social networks. Although there are still disagreements about how this understanding should be applied, it is clear that case law is shaping up to recognize that when the influencer exerts a direct influence on the purchase of products or services, they play a significant role in the transaction and can therefore be held liable.
Therefore, digital influencers, when entering into commercial partnerships and influencing the purchasing decisions of their followers, must be fully aware of their legal responsibilities.
The TJ-PR decision could be an important milestone in the way influencers are treated by the courts, reflecting greater care and commitment to consumers and ethics in digital commerce.
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