Monday, April 12, 2010

Can I sue Facebook for the emotional stress my son is going through due to an embarassing fake profile?

LET ME GET THIS OUT FIRST. MY SON DOES NOT HAVE A FACEBOOK ACCOUNT. I DON'T WANT MONEY UNLESS THAT FORCES FACEBOOK TO DO THE RIGHT THING.





Someone other than my son, was allowed by Facebook to create an ID that basically caused my son to be extremely hurt. They then proceeded to link to friends and people that know him to further. Whether this was a simple prank or not, to put up a sight that indicates that my 13yr old is gay and that seeks to demean him in front of his friends and others that may or may not know him is very damaging to a young teen. This may even have been done by someone that he assumes is his friend..it may not. The school is helping, but I don't want my son to end up like the Meier's daughter.





http://www.latimes.com/news/printedition...





I AM NOT PRIVY OR BOUND BY FACEBOOKS TERMS OF USE AS I AM NOT A MEMBER OF FACEBOOK...what do you think?

Can I sue Facebook for the emotional stress my son is going through due to an embarassing fake profile?
I think you should teach your child that life is not fair. Get over it and go on with life.
Reply:I believe you have to prove some kind of monetary loss as part of touting your suffering as a valid means of getting a hearing.





If this is something he can shrug off and keep moving forward, then just let some time pass and it'll resolve itself. If this is making him stress to the point he evades school, loses clumps of hair, starts crying frequently, then you need to take him to a counselor outside of school that can document his case. Paperwork always stands up in court.





But read the Terms Of Service Facebook offers. There could be a loophole you can use to your advantage. Myspace says you can't falsify any info or use it to harass anyone and that they will comply with legal enforcement in such cases. Maybe Facebook is willing to comply and give up the IP Address of the anonymous person who executed this fake profile with your son's picture.





In any case, you can file a harassment suit or maybe take it further with a restraining order, but teenagers really don't want that kind of embarrassment, attention, or worse,


violent retribution.





Ask your son how he sees the situation being handled. If he asks for your help then you both agree to do whatever necessary to get through this, even changing schools. That being said, he's old enough now that he's gotta take charge of the situation involving his social life, and mommy/daddy can't step in for every infraction anymore.(no offense) Taking charge is a vital part of his evolution into manhood.
Reply:Your son signed up %26amp; most likely checked a box explaining they are not liable for things like this. It is a public site like myspace %26amp; Facebook does not know who are the "winners or losers" on the site. You could try contactacting their customer service complaints, but it's doughtful they will even contact you back over this minor issue. Tell him to get over it already...it's just a stupid website that no one made him join!
Reply:Doubt it... but you probably could get the kids for libel or slander
Reply:I would first get an attorney, it seems to be slander, and also character. I would also get a hold of a cyber detective. To find out where its coming from. This is very sad. I would also consider taking my son to a new school for a fresh start, if its possible. Kids today are so mean and inconsiderate. I feel for your family. What a shame.


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