Content Creators Sue RetailMeNot Over Alleged Commission Stealing Scam

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Two YouTubers claim in a proposed class action lawsuit that the RetailMeNot browser extension has been systematically hijacking their brand deal commissions.

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The 26-page lawsuit accuses RetailMeNot, which automatically finds and applies coupons during online checkout, of perpetrating a “huge scam” against creators who promote sponsored content on their social media platforms.

According to the complaint, influencers can earn commission from a sponsorship when their product advertisement leads a viewer to click on a link to the brand’s website and make a purchase. Companies track whether a content creator is owed a commission for a sale using affiliate links, which contain a code unique to the influencer, the case says.

“When a consumer clicks on an affiliate link, a cookie—a collection of data that associates information with a given Creator—is placed on their browser, which merchants and affiliate networks use to confirm that a consumer was directed to the merchant’s website from a specific Creator,” the suit explains.

The filing alleges that RetailMeNot manipulates these cookies to divert creators’ rightfully owed commissions to itself. More specifically, the case contends, the browser extension deletes influencers’ unique information from the tracking cookie and replaces it with its own data.

Per the complaint, RetailMeNot’s alleged commissions diversion scam is triggered when a consumer clicks on the “Apply All Saving” or “Show Code” buttons, regardless of whether the extension finds any discounts.

One plaintiff, a California resident who runs a YouTube channel called TechSource, claims that his brand deal commissions have dropped over the past several years despite increasing viewership. The lawsuit alleges RetailMeNot is unfairly taking earnings from the influencer, who has devoted “tremendous effort and time” to building a following of more than 3.8 million subscribers and researching which products to promote on his platform.

“RetailMeNot is not a ‘party’ to the affiliate marketing strategy, nor does it promote the product, but it swoops in at the last minute to get the ‘last [click]’ by manipulating cookies to collect commissions which should have been attributed influencers [sic] who did the work to promote the products,” the complaint contends.

The RetailMeNot lawsuit comes on the heels of a similar case against PayPal’s Honey extension, a popular coupon finder that allegedly robbed creators of their commissions by replacing affiliate links.

The lawsuit looks to represent anyone in the United States who has participated in an affiliate commission program with a United States online merchant and had their commissions diverted by RetailMeNot through its browser extension.

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