FabFitFun Is Suing a Company For Breach of Contract After Failed Celebrity Collaborations
Update July 31, 2020: A spokesperson for FabFitFun stated that the case is solely with JFF Entertainment, not the actors named in the filing:
"Our dispute is with JFF Entertainment and not the talent they claimed to represent, who are not parties to this matter. We support and respect the work of these women and our dispute with JFF Entertainment should not be misconstrued as any reflection on them, several of whom it appears may have had no knowledge of our arrangement with JFF."
Previously: Subscription box service FabFitFun is taking legal action against a company representing Cara Delevingne, Sarah Hyland, and Ashley Benson, according to The Hollywood Reporter. The case was filed last Friday, with FabFitFun suing JFF Entertainment over breach of contract, specifically identifying the three actors. However, sources close to Delevigne and Hyland told THR that the two were unaware of the contracts.
FabFitFun claims that it paid more than $80,000 to JFF Entertainment, which covered "an upfront payment of half the fee" and that the influencers would provide social media content. None of the actors actually signed the contracts. Instead, they were represented by JFF's John Fitzpatrick or Kara Fox, a senior brand manager.
Fitzpatrick said he didn't have any knowledge of the situation, telling THR, "JFF Entertainment is unaware of a lawsuit that has been filed. If we receive we will review with counsel."
According to the contracts, FabFitFun believed that it was paying Hyland $50,000, Benson $55,000, and Delevingne $80,000. At the last minute, Shay Mitchell replaced Delevingne for the campaign. Each participant was expected to provide "two unboxings on Facebook Live, post twice on Instagram, and create two Instagram Stories that are five-to-seven slides long each." Additionally, the participants would use the hashtag #fabfitfunpartner and tag the brand in all of their posts.
The Hollywood Reporter notes that Hyland "didn't agree to an endorsement deal" and that "Delevingne's team never even received an offer."
When THR asked JFF's Fitzpatrick why all the transactions weren't negotiated through the actors themselves or their legal teams, he told the publication, "In reaction to your email, we have proactively reached out to FabFitFun to resolve any issue they may have. All talent related to JFF Entertainment's dealings with FFF was vetted through 3rd party representatives."
A similar suit was filed in July 2019. A company called Hype Factor sued JFF after it paid more than $40,000 for a partnership between activewear company Fabletics and fitness model Catherine Paiz. In that case, JFF filed a countersuit for "breach of contract and slander."