"...The Federal Trade Commission charged the operators of the website 'Jerk.com' with harvesting personal information from Facebook to create profiles labeling people a 'Jerk' or 'not a Jerk,' then falsely claiming that consumers could revise their online profiles by paying $30..."
That's according a complaint filed yesterday by the FTC.
The FTC announced that "...between 2009 and 2013 the defendants, Jerk, LLC and the operator of the website, John Fanning, created Jerk.com profiles for more than 73 million people, including children."
FTC is alleging that "...the defendants violated the FTC Act by misleading consumers that the content on Jerk.com had been created by other Jerk.com users, when in fact most of it had been harvested from Facebook; and by falsely leading consumers to believe that by paying for a Jerk.com membership, they could access 'premium' features that could allow them to change their 'Jerk' profile...The FTC is seeking an order barring the defendants’ deceptive practices, prohibiting them from using the personal information they improperly obtained, and requiring them to delete the information..."
FTC Bureau of Consumer Protection Director, Jessica Rich, said "...In today’s interconnected world, people are especially concerned about their reputation online, and this deceptive scheme was a brazen attempt to exploit those concerns..."
The FTC is further alleging that "...Jerk.com profiles often appeared in search engine results when consumers searched for an individual’s name. Upon viewing their photos on Jerk.com, many believed that someone they knew had created their Jerk.com profile. Jerk reinforced this view by representing that users created all the content on Jerk...But in reality, the defendants created the vast majority of the profiles by misusing personal information they improperly obtained through Facebook...They registered numerous websites with Facebook and then allegedly used Facebook’s application programming interfaces to download the names and photos of millions of Facebook users, which they in turn used to create nearly all the Jerk.com profiles..."
The allegations by the FTC also include:
- "...In addition to buttons that allowed users to vote on whether a person was a “Jerk” or not, Jerk profiles included fields in which users could enter personal information about the subject or post comments about them. In some cases, the complaint alleges, the profile comment fields subjected people to derisive and abusive comments, such as, 'Omg I hate this kid he\’s such a loser,' and, 'Nobody in their right mind would love you … not even your parents love [you].'...”
- "...The profiles also included millions of photos, including photos of children and photos that consumers claim they had designated on Facebook as private, the FTC complaint alleges. Some of them featured intimate family moments, including children bathing and a mother nursing her child..."
- "...The defendants also told consumers they could 'use Jerk to manage your reputation and resolve disputes with people who you are in conflict with,' according to the FTC’s complaint. They allegedly charged consumers $25 to email Jerk.com’s customer service department, and also falsely told consumers that if they paid $30 for a website subscription, they could access 'premium features,' including the ability to dispute information posted on Jerk.com, and receive fast notifications and special updates. But according to the FTC, in many cases, consumers who paid the customer service or subscription fee often got nothing in return..."
The complaint was filed, according to an FTC explanation of its procedure, because it had "reason to believe" that the law has been violated, and it appears to the Commission that a proceeding is in the public interest. "...The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal hearing before an administrative law judge..." the FTC says.
