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  • đŸ”„ $50M Influencer Law Suit, Credit Gets a Glow-Up, and Capital One And Discover Make It Official | Marketing’s Most Wanted

đŸ”„ $50M Influencer Law Suit, Credit Gets a Glow-Up, and Capital One And Discover Make It Official | Marketing’s Most Wanted

AI faces a hardware headache thanks to tariffs, Experian gives credit scoring a glow-up, and Capital One finally seals the deal with Discover!

Hi Marketing Wranglers,

This week, a new $50M class action lawsuit on influencer marketing, AI gets slapped with trade drama, Meta can’t stay out of the courtroom, and Google’s ad empire starts to wobble. Meanwhile, Experian’s reinventing credit scores, and Capital One just made a $265B power play. Basically, it’s chaos—but we’re here for it.

🚹 In This Week’s Issue

👑 Revolv-ing Door on Influencer Marketing: A $50M class action lawsuit in a “non-regulated” industry makes waves.

đŸ€– AI & Ads in the Hot Seat: Recent court decisions might change the Ad landscape forever.

📊 Experian’s “Cashflow Score” Shakes Up Credit: A new scoring system for people who budget like pros (even without credit history).

🏩 Capital One x Discover: Big merger energy and what it means for your next card campaign.

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👑 Revolv-ing Door on Influencer Marketing

Just when you thought the only drama in fashion was “who wore it best,” Revolve has entered the courtroom runway—and it’s not looking chic.

As of April 17, 2025, the trendy fashion giant Revolve is facing a $50 million class-action lawsuit alleging it disguised paid influencer promotions as organic content, misleading potentially over a million consumers. Yep, those dreamy influencer posts from yachts in Mykonos? They may not have been just #vacayvibes.

What happened?

Influencers allegedly promoted Revolve products without properly disclosing they were being compensated—violating FTC rules that require clear, conspicuous disclosure of any “material connection” (aka: money, gifts, or perks).

The lead plaintiff, California resident Ligia Negreanu, says she wouldn’t have paid Revolve’s premium prices (often 10–40% above competitors) if she’d known those glowing recs were actually sponsored. Her legal team argues that simply tagging @revolve doesn’t cut it—especially when millions of followers are watching.

What does this mean for marketers?

If you work in marketing, especially in consumer-facing industries, this lawsuit isn’t just Revolve’s problem—it’s your warning flare. Here’s why:

  • The FTC is watching. And if you’re using influencers (even micro ones), you’re on their radar too.

  • Trust is currency. Consumers are savvier than ever. If they feel misled, it’s not just a lawsuit risk—it’s a brand loyalty meltdown.

  • Disclosure ≠ buzzkill. A clear “paid partnership” label won’t ruin your vibe—it builds credibility. Trying to hide it? That’s what tanks trust.

  • Compliance isn’t optional. “We didn’t know” won’t hold up if your campaign ends up in court. Educate your partners and audit your content.

This isn’t Revolve’s first rodeo with regulators either. In its 2023 annual report, the company admitted it could face litigation if influencers didn’t play by the rules. And earlier this year, the Better Business Bureau told them (nicely) to do better with their disclosures.

What’s next?

Influencer glam doesn’t excuse legal spam. If you’re gifting products, cutting checks, or flying influencers to Paris—it’s got to be clear, not coy.

Because in the court of public opinion (and federal law), pretending your #ad isn’t an ad is a fashion faux pas that could cost you.

Check out LA Times for more details.

đŸ€– AI & Ads in the Hot Seat

Meta's Court Drama: The Sequel Nobody Asked For

Meta (Facebook in a trench coat) is back in the courtroom hot seat! The FTC wants them to break up with Instagram and WhatsApp in what might be the messiest tech divorce since... well, ever.

Meta's defense is essentially: "Have you even SEEN TikTok lately? We're not the cool kids anymore!" Meanwhile, the FTC is flipping through old Facebook photo albums muttering, "We remember what you did."

What this means for marketers: Your carefully crafted Meta ad strategy might need a backup plan. If Instagram suddenly becomes Instagram Inc., your cross-platform targeting could get very complicated, very fast.

Google's Ad Empire: The Judge Said "Nope!"

A Virginia judge just ruled that Google has been playing monopoly with the digital ad world—and not the fun board game kind. Apparently, controlling every step of the ad process from "I want to advertise" to "here's where your ad appears" crosses some lines!

The DOJ is already eyeing Chrome as the next piece to potentially chop off the Google mothership, with a ruling expected this summer.

Real talk for marketers: Your Google Ads dashboard might look very different by next year.

📊 Experian’s ‘Cashflow Score’ Shakes Up Credit 

Ever felt like a financial ghost? You're not alone! Almost 1 in 5 Americans exist in credit score limbo, invisible to the traditional finance world despite potentially being perfectly responsible with their money. But wait—plot twist!

Experian has just crashed the party with their shiny new "Cashflow Score" that's about to change the game for millions of Americans. Instead of the old "no credit history, no loan for you!" routine, they're now peeking at your bank account (with permission, of course) to see how you actually handle your money.

How It Works

Your regular bills? They count! That impressive savings habit? Points for you! The fact you haven't gone broke despite your weekly takeout splurges? That matters too.

Just like the classic credit scores we know and tolerate, the Cashflow Score uses the familiar 300-850 range. So if you've been adulting properly but flying under the credit radar, your responsible behavior might FINALLY get some recognition.

Behind the Scenes Drama

Of course, where there's financial innovation, there's also a room full of nervous compliance officers clutching their coffee mugs. Here's the tea:

  • The Consent Question: "Can I pretty please look at your bank account?" might need to be asked more clearly than that. Regulators are watching how this permission gets granted with eagle eyes.

  • The Fairness Factor: Will freelancers and gig workers get fair treatment when their income looks like a heart monitor?

  • The Data Dilemma: What happens when your bank labels your grocery run as "entertainment.” These little quirks could actually affect your score.

Marketing Teams: Proceed with Enthusiasm (and Caution)

For all you marketing mavens itching to shout "CREDIT FOR EVERYONE!" from the rooftops—maybe dial it back just a notch. Yes, it's exciting, but keep it real:

  • Make sure everyone understands what this score actually is (and isn't)

  • Remember you're talking to folks who might have had frustrating financial experiences

  • Transparency isn't just nice—it's necessary

As Experian's Scott Brown put it: "We believe in a future where the power of credit data can be augmented with cashflow insights... to bring more consumers into the financial ecosystem." (Translation: "We finally realized people can be good with money even if they don't have credit cards!")

The Bottom Line

Experian's Cashflow Score is like that friend who finally introduces you to people at a party where you knew no one. It's potentially game-changing for financial inclusion. But like any good party, there are rules to follow—namely transparency, fairness, and not making promises the data can't keep.

Who knew your boring bank statements could be your ticket to the credit world? Your avocado toast budget might finally pay off after all.

Read more on Finextra

🏩 Capital One x Discover: It’s Official

Big news in the financial world! After 14 months of regulatory review, Capital One's acquisition of Discover has received final approval and is set to close next month. The Federal Reserve and the Office of the Comptroller of the Currency have given their stamp of approval, following earlier green lights from Delaware regulators and an impressive 99% shareholder vote in favor.

Capital One CEO Richard Fairbank called it "an exciting moment" and thanked regulators for their "thoughtful and diligent engagement" throughout the process. He emphasized the company's commitment to customers, employees, shareholders, and communities as they move toward integration.

What This Means for Customers Right Now

If you have accounts with either company, breathe easy! There will be no immediate changes to Capital One or Discover accounts. Everything continues as normal, and any future updates will come with plenty of advance notice. Keep using your cards, apps, and services just like you have been.

Why This Deal Is Actually a Big Deal

This isn't just another corporate merger—it's potentially transformative for the payments landscape:

  • It combines two major credit card issuers into a formidable competitor

  • Capital One gains Discover's payment network—one of only four in the entire U.S.

  • The company plans to accelerate innovation in products and security

  • A substantial $265 Billion Community Benefits Plan will expand financial services to underserved areas over five years

The Bigger Picture

This acquisition represents a strategic move for independence. By controlling both a large card portfolio AND a payments network, Capital One positions itself to compete more directly with Visa and Mastercard, potentially shifting the balance of power in the payments ecosystem.

This could mean more competition, more innovation, and potentially better options for consumers down the road.

Mark Your Calendar

The deal is expected to officially close on May 18, 2025.

Whether you're a customer, investor, or just someone who enjoys watching big moves in the financial industry, this is definitely one to watch!

Read more on Capital One news.

💬 Your Input Matters

I want to make this newsletter as valuable as possible for you. What regulatory trends are you concerned about? Hit reply and let me know—I read every response!

Thanks for being part of this incredible journey. Let’s keep consumers protected in 2025.


Austin Carroll, CEO
Warrant