E.K.D., et. al. v. Facebook, Inc.
Court: United States District Court for the Northern District of California
Wexler Wallace LLP, with co-counsel Squitieri & Fearon LLP, Korein Tillery, and the Stuart Law Firm, are prosecuting this case against Facebook on behalf of a nation-wide class of of minor Facebook users 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 “sponsored stories,” 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.
To learn more about the case and view the complaint, click here.