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Married officer sues dating site for using his photo in ads – NBC News. A dating site for “men and women in uniform” thought they found the perfect user profile to make the poster boy for their social media campaign: a smiling, single, handsome man dressed in police attire. But the man in the picture is a married officer and father, who insists he never made an account with the site, Uniformdating.
Uniform Dating ran the ad in question using a picture of Guzman that identifies him as “Jason,” who is single. Guzman said in his complaint he was shocked to see the ad and only learned of when multiple friends saw it and reached out. Guzman says he never used the site, and posted the photo which Uniform Dating used to his private Facebook page in April NSI Holdings “scraped” the photo from the police officer’s Facebook and used it in Facebook and Instagram advertisements, which he “never consented to, permitted, assigned, licensed, or otherwise agreed to Defendant’s use of his image,” according to the suit.
When Guzman asked NSI Holdings to stop using his image, the company first asked him to prove his identity. When he did, NSI Holdings continued using the image anyway, the complaint alleges. In their motion to dismiss the suit, NSI Holdings says they took the image from a profile on their site, which they had permission to use. NSI Holdings said there was a profile on the site with Guzman’s image, birth date, and personal email address, which they’ve verified to be accurate, but did not say when the profile was created.
The profile was only used once, which NSI Holdings says “suggests a momentary dalliance” on Guzman’s part. The company also says it’s possible an enemy of Guzman created the account, but added that the Florida officer “presented no facts or evidence that would rebut the presumption that Plaintiff himself created the profile. The company also says they stopped using Guzman’s photo for Uniform Dating ads “within days” of his complaint.
Married Cop Sues Dating App For Using His Facebook Photo
MsJennyb August 15, News Leave a comment. David Guzman of Golden Beach Police Department in Miami-Dade County has accused the site of taking the photo from his facebook page, an act he did not approve, as he says he never used the site. Uniform Dating ran the picture in an ad where they identified him as a single man named Jason. When Guzman initially found out, he asked the company to stop all use of his photos.
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Even worse, Guzman first reached out to the company to get them to take the photo down. He had to prove his identity. But then, the company continued to use his picture anyway. Good morning, girls!
The company claims there is a user profile on UniformDating. NSI Holdings also asserts that it has removed the offending content while Guzman alleges the company continued to run the advertisement after the removal request was made. While this case will undoubtedly settle, from a legal standpoint, there are three possible outcomes. This is typical of most states. The most interesting case is if a third party had created the Guzman account as a prank.
This also seems a likely source of the account. If this were the situation, then NSI Holdings would not be able to rely on the terms of service, since Guzman had not, in fact, consented. For example, if the account required that the email be verified, then it is more likely NSI Holdings can rely on the consent provided in the terms of service agreement. If instead, anyone could create an account without even verifying the email, then the existence of the correct information in the account means very little.
The battle for Officer Guzman highlights why there is a need for a better system to make it easier for consumers to correct information posted online. The resort to a lawsuit for this conflict highlights the weakness in the online statutory scheme. This case could prove interesting, but it is unlikely that it will move past the filing stages before the parties settle the matter.
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A dating site for “men and women in uniform” thought they found the perfect user profile to make the poster boy for their social media campaign: a smiling, single, handsome man dressed in police attire. But the man in the picture is a married officer and father, who insists he never made an account with the site, Uniformdating. Uniform Dating ran the ad in question using a picture of Guzman that identifies him as “Jason,” who is single. Guzman said in his complaint he was shocked to see the ad and only learned of when multiple friends saw it and reached out.
Guzman says he never used the site, and posted the photo which Uniform Dating used to his private Facebook page in April When Guzman asked NSI Holdings to stop using his image, the company first asked him to prove his identity.
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NSI Holdings, owner of and , didn’t take down the picture. First, they demanded that Guzman show identification, which he did.
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