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Torts Keyed to Duncan
Carafano v. Metrosplash.Com, Inc.
Citation:339 F.3d 1119 (9th Cir. 2003)
An anonymous user of Matchmaker.com created a dating profile using the name and photos of a famous actress, Christianne Carafano (plaintiff). In addition to filling out the profile’s questionaries in a sexually explicit manner, the user also posted the plaintiff’s home address and phone number. After receiving numerous sexually explicit phone calls and faxes, as well as threats, the plaintiff found out about the profile. She sued the matchmaking site (defendant) for defamation, negligence, misappropriation, and invasion of privacy. The defendant removed the case to federal district court and filed a motion for summary judgment, arguing that it was immune from suit under Section 230 of the Communications Decency Act.
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