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This profile contained fictitious information about plaintiff, an actress, as well as accurate contact information and photographs of her.This information was posted in response to a form questionnaire prepared by defendant to which all users of its service had to respond.
These false user profiles were allegedly included in online dating services Yahoo operates to cause users such as plaintiff to sign-up for, or renew their subscriptions to, the service.
The Court further held that the Communications Decency Act did not bar claims that asserted that Yahoo falsely represented to subscribers that various expired user profiles were in fact still current in an effort to cause them to continue their subscriptions.
Court grants motion of defendants and Lycos for summary judgment, and dismisses claims of invasion of privacy, defamation, misappropriation of right of publicity and negligence brought against them by plaintiff Carafano, an actress.
These claims arose out of the posting of a dating profile by a third party on the defendants' Matchmaker website, which profile allegedly contained fictious information about plaintiff, as well as accurate contact information and photographs of her.
Said the Court: Anthony alleges that Yahoo creates false profiles, not merely fails to delete them. In addition, Anthony claims that Yahoo sends users false profiles for the purpose of luring them into renewing their subscriptions. No case of which this court is aware has immunized a defendant from allegations that it created tortious content. If, as Anthony claims, Yahoo manufactured false profiles, then it is an 'information content provider' itself and the CDA does not shield it from tort liability.