Facebook Accused of Misappropriating Likenesses of Teens for Profit

/PRNewswire/ -- A class action lawsuit was just filed in Los Angeles County Superior Court, Central Division, alleging that Facebook is misappropriating the names and pictures of minors for profit.

David Cohen, a minor, by and through Robin Cohen as Guardian ad Litem; Shelby Orland, a minor, by and through Marcia J. Orland as Guardian ad Litem; for all others similarly situated v. Facebook, Inc., a Delaware corporation, and DOES 1 through 100, Inclusive (Case #BC444482), alleges that Facebook encourages the participation of teenagers on its social network. Without any attempt to obtain parental consent, Facebook sells the names and likenesses of those minors for use by advertisers as an endorsement of the advertisers' products or services.

"When a teenager sees that their Facebook friends 'Like' an ad, it piques their curiosity, making them more likely to click the ad or visit the page," says Los Angeles plaintiff attorney John Torjesen of John C. Torjesen & Associates. "We believe it is a clear case of exploitation of children for the sake of profits."

"The consent of the minor for this commercial use of his or her name and likeness is not obtained by Facebook," says plaintiff attorney and co-counsel Antony Stuart of Stuart Law Firm. "Under California law, the minor's consent cannot be obtained without the consent of the parent or guardian. Facebook makes no effort to obtain parental consent."

The class action lawsuit is filed on behalf of all California residents who are or were under the age of 18 and members of Facebook from Aug. 26, 2007 to Aug. 26, 2010 whose likenesses or names were used in a Facebook advertisement or landing page.

"Facebook's actions violate the inalienable right to privacy guaranteed by the California Constitution," says Torjesen. "It derives illegal profits by charging advertisers for the use of children's names and photographs. As the father of a teenager, I view this to be exploitation of children."

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Insure.com Examines Insurance for Blogs and Online Gossip That Turn Ugly

/PRNewswire / -- E-mails, blogs and Web pages are fertile grounds for zinging a friend, grinding an ax or seeking revenge.

People may blog about the horrible job a contractor did on their house. A MySpace page rant could accuse a friend of salacious or illegal behavior. An embarrassing video can turn up on YouTube, much to the surprise and dismay of those filmed.

If you've been naughty online, a standard home insurance policy won't help you pay to defend against lawsuits involving libel, slander or defamation of character: If someone sues you for what you've said online, that's a "personal injury" claim. If you want your insurance company to rescue you, you'll likely need one of the following:

1. A personal injury endorsement to your home insurance policy
2. An umbrella policy that includes personal injury
3. An excess liability policy that includes personal injury


But even with a personal injury endorsement or other coverage in hand, you won't be covered for all online actions. Insurance won't pay in these cases:

-- If you've posted or published material that you knew was false.
-- For material you posted before the beginning of the policy period, or
for claims that commence after the policy period.
-- For online communications that are business-related. (But your
employer's insurance might cover you, depending on the situation.) So
if you're running a blog that's related to your profession, this may
be excluded.
-- For criminal acts.

Evaluating your potential "exposure" to a lawsuit is wise if you regularly send your thoughts over the Internet.

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