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A dating internet site for “men and females in uniform” thought they discovered the right report to help make the poster child because of their social media marketing campaign: a smiling, solitary, handsome guy dressed up in police attire.
However the man into the picture is really a married officer and dad, whom insists he never made a free account with all the web site, Uniformdating.com, and it is accusing them of stealing the image from their Facebook web page.
David Guzman, whom works for the Golden Beach Police Department in Miami-Dade County, filed a lawsuit in might when you look at the Southern District of Florida against NSI Holdings Limited, the British business which has the website.
Uniform Dating ran the advertising under consideration utilizing an image of Guzman that identifies him as “Jason,” that is single. Guzman stated in the issue he was surprised to look at advertisement and only discovered of whenever friends that are multiple it and reached away.
Guzman states he never utilized your website, and posted the picture which Uniform Dating familiar with their facebook that is private page April 2018.
NSI Holdings “scraped” the picture through the officer’s Facebook and tried it in Facebook and Instagram ads, that he “never consented to, allowed, assigned, licensed, or otherwise decided to Defendant’s use of their image,” in line with the suit.
Whenever Guzman asked NSI Holdings to cease making use of their image, the business first asked him to show their identification. As he did, NSI Holdings continued utilising the image anyhow, the issue alleges.
However the moms and dad business of Uniform Dating informs a tale that is different.
Inside their movement to dismiss the suit, NSI Holdings claims the image was taken by them from a profile on the web web site, which they had permission to make use of.
“The facts and proof open to it indicate that Plaintiff himself — or at least, a person who understands Plaintiff’s individual information that is identifying was the person whom created the profile at issue,” they had written within their August a reaction to the suit.
NSI Holdings said there clearly was a profile on the webpage with Guzman’s image, birth date, and email that is personal, which they’ve verified to be accurate, but would not state once the profile was made.
The profile had been just utilized as soon as, which NSI Holdings claims “suggests a momentary dalliance” on Guzman’s part. The business additionally states it’s possible an enemy of Guzman developed the account, but included that the Florida officer “presented no known facts or proof that could rebut the presumption that Plaintiff himself created the profile.”
The business additionally states they stopped Guzman’s that is using photo Uniform Dating advertisements “within times” of his problem.
NSI Holdings keep they didn’t break what the law states. The organization says this has authorization to make use of any picture some body uploads with their web site in adverts, an obvious element of their https://jdate.reviews stipulations.
Guzman is searching for statutory damages, real and punitive damages, costs, interest, and restitution from NSI Holdings for the use of the picture.