linkedinPopular professional networking site LinkedIn has come under fire for their aggressive  e-mail tactics.  The company has become known for inviting and re-inviting existing member’s contacts to join – and despite a motion to dismiss, they will now face a class action suit for spamming.

The plaintiffs in the case allege that LinkedIn, having completely authored with follow up reminder e-mails, was completely responsible for the content and any damages that resulted from the content.  Users allege that the unauthorized repeated contact hurt their professional reputation and that the networking site should be held accountable.  LinkedIn motioned to have the suit dismissed under protection of the first amendment and claims of disclosure present during the sign up process.

A federal judge didn’t agree with a first amendment defense but also didn’t completely discount LinkedIn’s motion.  LinkedIn alleged that their sign up process clearly explained to users their intent to e-mail contacts and secured permission to do so.  The judge agreed that the screen shots presented in defense showed that users had authorized the website to reach out for the initial invitation to e-mail contacts.  Where LinkedIn’s biggest error seemed to have occurred was sending out one, or in some cases, multiple reminders to those contacts without the knowledge or permission of members.

A private company can’t use your likeness or contact information for advertising purposes without your permission.  If you feel as though a third party has been using your photo or private information illegally to advertise their services or to secure additional business you should contact an attorney as soon as possible.  An experienced California business attorney can examine the details of you claim, including user agreements, contracts and the use of your image and information, to determine any illegal activity.  If a third party has violated your rights your attorney can motion for a cease and desist order and form a case to get you any damages you might be entitled to.

AXIS Legal Counsel represents consumers in a variety of matters spanning multiple legal fields. AXIS represents clients in fraud claims, consumer deception, false advertising, deceptive trade practices, class actions, and other related matters.  For information on retaining AXIS Legal Counsel for any contractual dispute, contact or call (213) 403-0130 for a confidential consultation, or visit our or Individual Rights Portal for more information.

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