TikTok–Fanatics Lawsuit Raises Questions Over Seller Bans and Exclusive Memorabilia Deals

A Florida collectibles business alleges that a TikTok account representative presented an exclusive arrangement with Fanatics as the only route to reinstatement after a permanent ban. However, the documents filed in court do not establish that either company adopted such a policy, and the proposed agreement did not guarantee that the account would be restored.

A dispute involving TikTok, sports merchandise giant Fanatics and an independent memorabilia seller has raised questions about platform enforcement, competition and the conditions under which businesses can return to selling on social media.

Bigfoot Sports Breaks LLC, a Florida-based seller of sports memorabilia, alleges that communications with a person it identifies as its TikTok account representative show that it was directed towards a Fanatics-linked agreement after its account was permanently suspended. According to messages included in a federal antitrust lawsuit, the representative described signing an exclusivity arrangement covering licensed products through Fanatics as the only way to get the account unbanned.

Yet the contract subsequently sent to the seller contained a significant qualification: Fanatics made no representation about TikTok's decisions, including whether the platform would approve the seller to offer licensed memorabilia. The agreement also did not require the seller to purchase merchandise from Fanatics.

The case therefore centres on a distinction between what Bigfoot says it was told and what the documentary evidence establishes about the companies' policies. While the correspondence connects a proposed Fanatics arrangement with the prospect of reinstatement, it does not independently prove that TikTok formally required sellers to enter such agreements or that TikTok and Fanatics coordinated a policy to exclude independent competitors.

The suspension and the disputed messages

Bigfoot, based in Largo, Florida, says it previously sold autographed NFL helmets through TikTok livestreams. Its account was permanently banned on September 18, 2025, according to the suspension notice included in its court filings.

The notice cited “multiple IP Policy violations” and listed trademark strikes attributed to the NFL. It did not identify gambling violations as the basis for the suspension.

Four days later, on September 22, Bigfoot principal Brian Gualdiero contacted a person he identified as his TikTok account representative to ask whether the account had been banned because the business had shown custom helmets in its videos.

The representative replied, “correct,” before adding: “Again, this isn’t coming from TikTok – this is coming from the IP owner.”

The exchange took place through Lark, a workplace communications platform developed by TikTok parent company ByteDance. TikTok Shop promotes the platform as a means for sellers to communicate with their account managers.

In a subsequent exchange, Gualdiero said the business had generated “no sales since the ban.” The representative then asked, in a message marked as edited: “Are you willing to sign over exclusivity to licensed product through fanatics?”

Gualdiero asked whether that was “the only way to get unbanned.”

The representative answered: “correct- as they are the IP owner and called in the violation,” adding that “this is not a TikTok violation.”

The messages form a central part of Bigfoot's allegations. The business argues that the exchange shows that its ability to return to TikTok was linked to accepting a commercial arrangement with Fanatics rather than simply resolving the intellectual property issue that had led to the suspension.

However, the messages do not themselves establish that the representative was communicating an official TikTok policy. The identification of the individual as a TikTok representative comes from Bigfoot, and the submitted documents do not include a formal platform directive making a Fanatics agreement a condition of reinstatement.

Referral to a Fanatics distributor

Following the exchange, the representative supplied Gualdiero with an email address for Relics Ventures and offered to make an introduction.

In an email dated September 25, 2025, the representative introduced “another seller, Brian, with Bigfoot Breaks, who wants to start the process of getting unblocked and onboard with Relics to source Fanatics products.”

A Relics representative responded to Gualdiero's questions on the same day, identifying the company as “Fanatics’ Under Wraps distributor for Tiktok.”

The representative attached a Fanatics agreement intended for sellers who wanted to concentrate on licensed mystery-box products. He explained that Fanatics “essentially vouches” for such sellers, adding that this was “usually enough to get Tiktok accounts back up in short order.”

In a later email, the representative described the arrangement as follows: “In my experience this is the fastest way to get back up and running. That’s why Tiktok sends people in your situation over to us.”

These statements reinforced Bigfoot's contention that the distributor route was being presented as a practical means of regaining access to TikTok. Nevertheless, the wording used by Relics differed from the categorical statement attributed to the account representative.

Describing an arrangement as the fastest route or something that usually helps is not the same as establishing that it is the only route permitted by the platform.

The distinction matters because the filed correspondence does not contain a formal TikTok policy requiring suspended sellers to sign Fanatics agreements. Nor does it contain a company-issued notice stating that Bigfoot's account would be reinstated only if it accepted the proposed terms.

A potential $48,600 order

The proposed commercial arrangement also raised questions about the cost of participation.

In text messages dated September 25, the Relics representative quoted a price of $675 for a full-size Under Wraps helmet. The minimum order was described as “a case which is 72 units.”

At the quoted unit price, a 72-unit order would total $48,600.

Gualdiero responded that the only way to recover the business was “spending $49,000,” expressing concern about the financial commitment associated with the proposal.

The Relics representative offered to “see about breaking one up,” suggesting that the order might be divided or reduced. Bigfoot says it ultimately refused to sign the agreement and that its TikTok channel remained banned.

The proposed order is important to the seller's account of the dispute because it illustrates the potential financial burden of pursuing the recommended route back onto the platform.

However, the distinction between the suggested purchasing arrangement and the actual contract is critical: the agreement itself did not require Bigfoot to buy merchandise, and the court exhibits do not establish that spending $48,600 or approximately $49,000 was a formal condition imposed by TikTok.

The documents therefore support the conclusion that a substantial purchase was discussed in connection with the proposed business relationship, but they do not establish that TikTok required such a purchase to restore the account.

What the Fanatics agreement actually required

The document sent to Bigfoot was a Memorabilia Seller Agreement with Fanatics Mounted Memories LLC, which is not named as a defendant in the lawsuit.

The agreement's exclusivity provision applied to memorabilia associated with sports licensors whose products the seller elected to purchase through Fanatics. For those selected licensors, the seller agreed to sell on TikTok only memorabilia obtained from Fanatics.

In return, Fanatics would confirm to the relevant licensors and TikTok that the seller's products were properly licensed.

The restrictions were not universal across the seller's entire business. The agreement stated that the seller “is not restricted from selling any products other than Exclusive Sports Licensor Memorabilia.”

It also expressly provided that the seller “shall not be required to purchase any Memorabilia from Fanatics.”

These clauses complicate the allegation that the contract itself forced independent sellers to purchase and exclusively sell Fanatics products across the board. Its stated terms limited exclusivity to the relevant licensed memorabilia, while leaving the seller free to offer other products and imposing no minimum purchasing obligation.

The agreement was set for an initial term of one year and would renew automatically.

Fanatics retained the right to terminate it without cause at any time, whereas the seller could terminate without cause only after the first year. Disputes were subject to arbitration.

Most significantly, the agreement made “no representation” regarding “the actions of the Platform,” including whether TikTok would approve the seller to sell licensed memorabilia.

That disclaimer meant the contract did not promise that signing would result in reinstatement. Although the messages attributed to the TikTok representative and the Relics emails suggested that the arrangement could help sellers return to the platform, the written agreement did not guarantee that outcome.

The contract's wording does not resolve whether TikTok separately imposed or communicated a reinstatement requirement. It does, however, show that the proposed Fanatics agreement itself contained no such guarantee.

By fLEXI tEAM