Legal Fun With Travis Kelce and Taylor Swift's Alleged "Breakup Plan"

The internet has been abuzz with speculation after a "leaked" memo on Reddit appeared to reveal a comprehensive media plan for a supposed breakup between celebrities Taylor Swift and Travis Kelce on September 28. This has led to renewed calls that the entire relationship was a PR stunt.

So, was the memo real? Is the relationship? What are the legal implications? Let's break it down.

Why a "Secret Pretend Relationship Agreement" Is Probably a Bad Idea

This isn't the first time a celebrity couple has been accused of faking a relationship to get press coverage and improve their brand. In some cases, there is even truth to the rumor (although these instances typically involve reality show contestants, YouTubers, and others who really could use the publicity).

Taylor Swift and Travis Kelce are in a different position. While Kelce has undoubtedly seen his celebrity status rise while dating Swift, he wasn't exactly in a tight financial spot or unknown beforehand. And Swift was already one of the most recognizable, wealthy, and popular people on the planet.

They both have denied the memo's authenticity. So, too, has the PR firm involved, which is threatening legal action (we'll get to that in a bit).

But first, would a relationship contract, if one existed, be legal? The short answer is yes. You can generally enter into a contract over anything, provided the contract does not explicitly call for illegal acts. Two people pretending to date is not illegal.

The question of its enforceability is a little trickier. A legal contract is an agreement to do something or pay the penalty for not doing it after getting sued. In any "secret pretend relationship agreement," the penalty you would get for not meeting the terms is dubious. This is because lawsuits are public. Suing someone over a secret agreement gives up the game. In such a trial, everything would be exposed. This isn't just for celebrities, either. Generally, entering into secret agreements on good faith is a bad idea for just this reason. If you need it to be a secret, there's very little you can legally do if the other party doesn't follow through.

You can agree to arbitrate a contract dispute to have it remain private. Unlike lawsuits in court, arbitration can remain private. However, you still run the risk of more people knowing about it if it becomes contentious. Further, sometimes court involvement is necessary even in arbitration (for example, by needing a court to enforce an award). And while you may be able to get compensation for the violation of a non-disclosure agreement and a court order for the person to quit discussing it, by that point the cat is out of the bag. Put simply, a well-drafted agreement with an arbitration clause and a non-disclosure agreement could help keep information private, but there's still some risk involved.

As a hypothetical example, let's say Swift and Kelce had agreed to pretend date for one year. At the end of the year, Kelce then reneges on the agreement and wants to keep the pretend relationship going. If she doesn't, Kelce threatens to do away with their breakup plan and try to ruin her reputation. There's a non-disclosure clause about the agreement itself and an arbitration clause, but Kelce tries to avoid clear violations of that agreement while still throwing shade. What could Swift do? She could still break up with him, of course, but suing would defeat the purpose of the agreement (the supposedly good PR she's getting for it).

So, nothing prohibits you from entering into a secret contract to pretend to date, but it requires a certain amount of trust in the other person. Sort of like a real relationship.

A Quick Note About Divorces

On a more serious note, it sometimes surprises people to discover that divorce, too, is a public proceeding. While it seems intimate, if you do go to court for your divorce your filings are a matter of public record. If privacy is a concern in your divorce, you may want to work hard during mediation to settle as many issues out of court as possible. You can also enter into a prenuptial agreement to try to keep matters out of court. A settlement reached out-of-court between the parties in a divorce can often be kept private. Many celebrity couples who divorce do have a PR plan and often try to keep the details private (or at least disclose the details only when they are ready).

A Prank Or a Crime?

While faking a relationship isn't likely to land anyone in legal trouble, pretending to be part of a company you are not a part of is different. Shortly after the memo went viral, Full Scope Public Relations stated that "we have engaged our legal team to initiate proceedings against the individuals or entities responsible for the unlawful and injurious forgery of documents."

If the document was a forgery, as seems likely, Full Scope would certainly have legal options. Tortious interference is one claim a business can file when a third party tries to destroy the relationship between the business and a client. Full Scope PR could allege the forgery damaged their relationship with their client (Kelce). There could also be intellectual property claims they could make for appropriating their logo. Full Scope, Kelce, and Swift could all potentially have claims for defamation.

What about criminal law? Since we don't know the culprit, we can't look directly at state laws (we don't know where the Reddit poster lives). However, all states criminalize fraud. Generally, however, to be prosecuted the fraud must involve an attempt at financial gain. Here, if the document on Reddit was simply a prank or school project or something, any penalties would likely be civil, not criminal. There does not seem to have been any attempt at blackmail or financial gain, at least based on the evidence we have so far.

Ultimately, no legal actions may arise from this at all. And if Swift and Kelce really are pretending, which doesn't seem likely, then they might be stuck dating each other for a bit longer. On the other hand, being stuck dating an international pop superstar and an all-star professional athlete generally isn't high up on the list of things to feel bad about.

Related Resources

• Love Can Cost a Thing: The Legal Implications of Bennifer's Divorce (FindLaw's Legally Weird)
• 'Brangelina' Breakup Continues in Court over Château and Winery (FindLaw's Legally Weird)
• Cameraman for Megan Thee Stallion Alleges She Created Hostile Workplace, Violated Wage and Hour Laws (FindLaw's Legally Weird)