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Teens sue Facebook over ‘like’ button
Lawsuit alleges that minors’ images are used illegally when promoting products on the social networking site
A lawsuit claims that Facebook unlawfully uses minors' images for advertising purposes when they indicate they 'like' a product.
Two Los Angeles County teenagers are suing Facebook, claiming the social networking giant effectively sold their names and images to advertisers without parental permission.
The lawsuit, filed Aug. 26 in Los Angeles, challenges a Facebook feature that allows members to note that they like an advertised service or product. Facebook broadcasts those endorsements to the user’s friends.
The lawsuit also claims minors unwittingly endorse Facebook when people typing their names in a search engine are steered to a Facebook sign-up page.
The plaintiffs say Palo Alto, Calif.-based Facebook is violating a California law that requires parental consent for children to make commercial endorsements. The teens seek unspecified damages.
Facebook spokesman Andrew Noyes said the lawsuit is meritless. He noted that Facebook doesn’t allow users under 18 to let their profiles appear on public search engines.
University of Minnesota law professor Bill McGeveran, who has much experience in social media and legal issues, told Online Media Daily that “the borderline between conversation and advertising is really blurry in social networking.”
McGeveran referenced a 1971 California law that prohibits companies from using people’s names or photos in ads without their consent, or if the person is a minor, without parental consent, and pointed out that the law was enacted before the internet or social networking existed.
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, and whose likenesses or names were used in a Facebook advertisement or landing page.
“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,” said 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,” said 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.”
Under California law, minors can’t give legal consent, and the lawsuit claims that Facebook should seek parental or guardian permission before underage members say they “like” advertised items.
2 Responses to Teens sue Facebook over ‘like’ button
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bzukauskas
September 7, 2010 at 12:53 pm
The teenagers should be thrown in jail. First they (the teenagers) would have had to lie in the account set up process. They do state you must be over 18 to sign up. Also, it should be the parent’s responsibility to oversee and set up parental controls on the computer systems at home. I am so sick of people not taking responsibility for their own actions. Everyone is looking for an easy payout and wasting the tax payer’s money. I hope they do not get a dime and are fined. The Lawyers that take this case should be disbarred and be fined. Sounds like a big waste of OUR (tax payers) money. It is time to clean up government and the legal system. This should not even be allowed to go to court and an example should be made of the parties involved.
bzukauskas
September 7, 2010 at 12:53 pm
The teenagers should be thrown in jail. First they (the teenagers) would have had to lie in the account set up process. They do state you must be over 18 to sign up. Also, it should be the parent’s responsibility to oversee and set up parental controls on the computer systems at home. I am so sick of people not taking responsibility for their own actions. Everyone is looking for an easy payout and wasting the tax payer’s money. I hope they do not get a dime and are fined. The Lawyers that take this case should be disbarred and be fined. Sounds like a big waste of OUR (tax payers) money. It is time to clean up government and the legal system. This should not even be allowed to go to court and an example should be made of the parties involved.
kaymac
September 8, 2010 at 9:30 am
You can be 13 years of age or older to hold a Facebook account. The “over 18″ restriction pertains to search engines. People have to give their birth date during registration, so Facebook would have that information (whether truly or falsely given). So, the teenagers might or might not have done anything wrong, depending upon the information they gave at signup. Facebook has a spotty record around how strictly they follow their own policies. It would be a mistake to judge this case without having more information.
kaymac
September 8, 2010 at 9:30 am
You can be 13 years of age or older to hold a Facebook account. The “over 18″ restriction pertains to search engines. People have to give their birth date during registration, so Facebook would have that information (whether truly or falsely given). So, the teenagers might or might not have done anything wrong, depending upon the information they gave at signup. Facebook has a spotty record around how strictly they follow their own policies. It would be a mistake to judge this case without having more information.