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Facebook Sued to Remove Fake Profile

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Facebook by marcopako on Flickr

Image by marcopako on Flickr

What would you do if you discovered a fake profile of yourself posted on Facebook that included photos without your permission, and you couldn’t get Facebook to remove it?

This is the situation facing Missouri resident Brieanne Weber, who found a fake profile of herself on Facebook. At that point, Weber had her lawyer Jeffrey J. Lowe send a letter to Facebook requesting removal of the profile as well as notification of who had posted the fake profile; Lowe also advised Facebook that copyright infringement may be involved but that Weber was “not, at this time, seeking to hold Facebook liable in any way.”

According to the complaint (PDF), the company didn’t respond.

A week later, Lowe then followed Facebook’s stated procedures for the removal of a fake profile to which the attorney received “what appeared to be an automated response” that “for security reasons, Facebook would not be able to respond to plaintiff’s counsel with the additional information about the reported account and to please have the account owner view the security section of our help center.”

Lowe communicated to Facebook that this response was “nonsensical” as the person complaining of the fake profile is not the owner of the account. Lowe requested that someone at Facebook contact him to handle the issue.

After another two weeks had passed, Lowe sent another email to Facebook asking that matter be resolved or else he would file a lawsuit; again Lowe received no response, and now the 22nd Judicial Circuit Court of Missouri has Weber’s request for injunctive relief before it. Specifically, Weber is asking that Facebook be ordered to take down the fake profile and release the name of the owner of the account before it.

What do you think about this lawsuit?

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April 13th, 2011 at 7:07 am

Posted in Privacy

Tagged with ,