The Social Media Law Blog is a forum for lawyers, compliance personnel, human resources managers, and other professionals who are struggling with the legal implications of social media across a broad variety of topics. Working professionals and Bloomberg BNA editors may share ideas, raise issues, and network with colleagues to build a community of knowledge on this rapidly evolving topic. The ideas presented here are those of individuals, and Bloomberg BNA bears no responsibility for the appropriateness or accuracy of the communications between group members.
Friday, June 15, 2012
by Michael Loatman
What information can you really believe when looking over a Facebook, LinkedIn, or other social media profile? That question appeared to be at the heart of two recent cases that questioned the accuracy of data on social media services.
In United States v. Spokeo Inc., C.D. Cal., No. CV12-05001, consent judgment filed 6/12/12, the Federal Trade Commission alleged, in part, that Spokeo Inc. failed to assure that its consumer report information was as accurate as possible, thereby violating Section 607(b) of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b). Spokeo's reports included information gleaned from social networking websites.
Marc Roth, a partner at Manatt, Phelps & Phillips LLP, New York, told BNA that the FTC's accuracy allegation likely was related to the use of social media data.
"Given the inherent uncertainty and lack of verification, I would strongly advise against relying on social media information for consumer profiles," Roth said.
As examples, he cited seeing Facebook profiles in which people claimed they were married or college graduates when, in fact, the opposite was true.
A concern over an even higher level of false information was at the crux of the ruling in Fortunato v. Chase Bank USA N.A., S.D.N.Y., No. 11 Civ. 6608 (JFK), 6/7/12. In Fortunato, Judge John F. Keenan noted that there was "no way for the Court to confirm" that a Facebook account found by Chase actually corresponded to the correct individual who needed to be served with process in the case.
Keenan added that "the Court's understanding is that anyone can make a Facebook profile using real, fake, or incomplete information."
Copyright 2012, The Bureau of National Affairs, Inc.
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