Brittany Daybreak Davis, a Texas-based social media influencer who as soon as offered dietary plans however has since switched her focus to providing spiritual retreats, is being sued by the state’s legal professional common primarily based on allegations she scammed hundreds of shoppers.
Texas Lawyer Normal Ken Paxton is suing by means of the state’s shopper safety division, claiming that the Fort Price-based influencer violated the Misleading Commerce Practices Act by allegedly participating in “false, deceptive and misleading acts” when dealing with her health and diet enterprise “Brittany Daybreak Health LLC.”
In accordance with a grievance filed on Feb. 1, the state seeks to bar Davis from promoting customized train and diet recommendation and calls for between $250,000 and $1 million in penalties and costs.
The lawsuit states that Davis offered on-line health packages for as much as $300 per plan to hundreds of shoppers, together with these affected by consuming problems, with a promise they’d obtain customized dietary steering and individualized health teaching.
Nevertheless, the go well with provides that the health and diet plans weren’t individualized, and Davis didn’t present the teaching promised on her web site. Texas additionally alleges that Davis offered weight-loss plans to shoppers with consuming problems.
Davis beforehand posted movies on YouTube sharing how she overcame her personal consuming dysfunction by means of train and wholesome consuming. She supplied particular coaching to deal with consuming problems on her web site, in accordance with the go well with.
Davis denies that she accepted prospects with consuming problems. Nevertheless, roughly 14 prospects who requested refunds for her providers talked about consuming problems of their complaints, the go well with claims.
“The principle motive I selected her out of all of the coaches on the market was particularly that she marketed herself as an ‘consuming dysfunction soldier,’” stated one buyer. “It was extremely vital to me that the individual I selected to educate me had an thought what it was prefer to cope with an consuming dysfunction. Previous to reaching out to her for steering, I had battled with anorexia and at my worst was under 80 kilos.”
In accordance with the go well with, one buyer, in her preliminary survey stated: “I really want steering, assist, the correct data and assist proper now. I at present have an consuming dysfunction, horrible physique picture views … I’m underweight for my top.”
In response, Davis stated, “Nice! Welcome to the #teambrittanydawn household.”
Davis additionally allegedly offered the client with “cardio workouts and low-calorie macronutrient ideas match for somebody in want of dropping pounds,” in accordance with the go well with.
“Once I stuffed out your new shopper questionnaire … I clearly acknowledged that I used to be at present affected by a restrictive consuming dysfunction and trying to enhance calorie consumption,” stated one other buyer.
The client alleges that Davis offered her with a calorie consumption a lot decrease than what she first reported earlier than receiving Davis’ diet plan.
The go well with confirms that the health packages promised “macro” dietary assessments. The plans differed in {that a} purchaser might obtain every day or weekly, together with e-mail coaching or one-on-one teaching.
The web diet and health packages ranged from $92 for a one-on-one macro session to $300 for 3 months of customized macros, coaching and training. Plans supplied have been “30 Day Individualized Macros & Coaching” and “90 Day Individualized Macros & Coaching.”
Nevertheless, the coaching and check-ins promised to consumers allegedly by no means occurred, in accordance with the go well with. Davis is accused of ignoring many buyer complaints. She additionally solely allegedly supplied partial refunds to some prospects.
The go well with says that Davis had footage of herself on her web site sporting health clothes and posted “train ideas, details about diet, similar to wholesome ‘Starbucks hacks,’ and physique optimistic and inspirational quotes on her social media platforms, web site and weblog, which all linked again to her web site for gross sales.”
On her web site, Davis described herself as “your coach, your confidant, your greatest supporter & pal” there to “push you, mould you, and that will help you discover that individual that you simply’ve at all times needed to develop into.”
After going to the web site, prospects have been instructed to fill out a survey “to personalize their macros to their objectives and wishes.” The web site promised that Davis would offer prospects with teaching “for the total 30 or 90 days as an integral week-by-week side of the providers.”
Some consumers reported that once they contacted Davis, they obtained generic responses similar to “THAT’S MY GIRL,” “You’re killing it” or “You’ve obtained this, babe.”
After prospects bought plans, they obtained entry to “Workforce Brittany Daybreak,” a Fb group that served as a digital option to join with others on comparable health journeys, the lawsuit says.
Many consumers stated they began to note that their plans have been the identical as everybody else’s as soon as they have been admitted into the Fb group.
“I believed at first you had created this exercise plan primarily based on my wants and needs … till I referred two mates to you and their plans have been the identical,” one shopper stated in a remark included within the lawsuit.
One other buyer stated that her plan “didn’t think about her exercise schedule frequency nor thought-about her exercise limitations.”
One purchaser, in accordance with the grievance, suffered from “excessive starvation” and despatched a sequence of emails to Davis looking for her assist and steering. Nevertheless, Davis didn’t reply till a month later, scolding the client for not reaching out sooner despite the fact that the client stated they’d reached out many instances earlier than.
In 2019, Davis issued a public apology on YouTube following social media and press consideration surrounding her enterprise practices. After releasing the apology video, she took her web site down.
Davis has since modified the main target of her social media platforms to primarily Christian-based posts and movies.
She additionally began her ministry, She Lives Freed, by which she hosts her personal weekend spiritual conferences and costs prospects for his or her attendance. She has been recognized to cost over $600 per individual for 3 days of audio system, baptisms and lodging. For her upcoming one-day April retreat, individuals can be charged $125 per individual.
In a latest Instagram put up, Davis, recognized on social media as Brittany Daybreak, posted a graphic that acknowledged, “Self-care tip: Learn your Bible every day, worship consistently, and prioritize your relationship with Jesus above all else.”
Davis has greater than 954,000 followers on TikTok and 466,000 on Instagram. A number of information websites have reported that a few of her Instagram followers have accused Davis of utilizing Christianity as a option to achieve public reward and forgiveness amid the lawsuit.
Shanna Samul, a 35-year-old mom of 4 from Reno, Nevada, instructed BuzzFeed Information that Davis is utilizing the great grace of her spiritual followers like a “weapon to flee culpability.”
“If she have been actually repentant, she can be going through the issues that she has finished, and this might be her witness,” Samul instructed BuzzFeed Information. “She shouldn’t be immune as a result of she belongs to Jesus. If something, she needs to be held extra accountable.”
Davis reportedly deletes many feedback below her posts addressing her earlier health and diet enterprise.
4 of Davis’ Christian followers instructed BuzzFeed Information that they view the influencer’s swap to solely Christian content material as “rebranding” and “indulging within the precept of forgiveness whereas failing to acknowledge the biblical instructions of not mendacity and dishonest.”
“Christians are referred to as by God to reveal people who find themselves dishonest, particularly in the case of preaching,” stated Bobby, a 37-year-old accountant who adopted Davis’s social media profession change carefully. “We aren’t meant to right away belief everybody simply because they inform us they imagine in God.”