Wexler Wallace Files Class Action Against Facebook For Violating Minors’ Privacy
On February 9, 2011, Wexler Wallace LLP, with co-counsel Squitieri & Fearon LLP, filed a class action on behalf of their client and a potential class of minor Facebook users in California whose names and/or likenesses were used by Facebook for commercial purposes without the prior consent of their parents or legal guardians, in violation of guaranteed privacy protections.
The Complaint alleges that Facebook uses minors’ names and profile pictures without the appropriate consent for its endorsement-advertisements, or “social ads,” and to generate “click” revenue, which is paid to Facebook by advertisers every time a user clicks through an ad to the advertiser’s landing page. Facebook places minors’ names and likenesses on advertisers’ Facebook pages whenever the minor clicks on a button indicating that they “Like” the advertiser’s brand, good or service or responds to the advertiser’s event. In addition, Facebook transmits the names and pictures of these underage users to their Facebook Friends’ Home page feeds announcing their endorsement of the particular advertisement. Once an underage user endorses the advertisement, the user cannot prevent their name and likeness from appearing on a Facebook page and cannot remove their name or likeness while continuing to “Like” the advertisement. The case is pending in Los Angeles Superior Court.
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