Tuesday, December 20, 2011

Designer can sue firm for tapping social media accounts while she was injured



http://ow.ly/85bzh

This article is by Matt Dunning and appears on the businessinsurance.com website.

This article discusses the following situation, "Jill Maremont, a marketing director at the Chicago-based Susan Fredman Design Group, filed suit in Chicago federal court against the company and owner Susan Fredman last year, alleging that Ms. Maremont's personal Twitter and Facebook accounts were illegally accessed and used without her consent to promote the company."

The case involved a situation where Ms. Maremont was injured and was recovering in a hospital.  During her hospital stay, both her personal social media network accounts, and accounts she created for her employer's company were accessed, and updated, without her authorization.  She brought claims under the Stored Communications Act and also alleged privacy violations.  The defendant argued that she suffered no financial harm.

The article further states, " Judge St. Eve said “it is undisputed that Ms. Maremont created a personal following on Twitter and Facebook for her own economic benefit and also because if she left her employment at SFDG, she would promote another employer with her Facebook and Twitter followers.”

The woman satisfied requirements to bring a false endorsement claim “because she has a protected, commercial interest in her name and identity within the Chicago design community,” the judge concluded. The ruling could be revisited, pending the outcome of hearings to ascertain whether Ms. Maremont suffered any actual financial damage as a result of the company's actions."

1 comment:

  1. Ms. Maremont was completely wrong to file this case as she had created no attempt to keep the content of the account private.

    Litigation Lawyers

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