Businesses are spending billions of dollars a year to reach the loyal followers of “social media influencers.” Whether this means sending a free product to an influencer asking that she post a video review on YouTube or paying an influencer to post photographs of a company’s product on Instagram—businesses are spending big money to tap into the perceived authenticity, credibility and social network of influencers.

The informal nature of social media, however, makes it easy to overlook the legal implications of utilizing influencer marketing.

But It’s Just a Post on Social Media