Class Claims Facebook Invades Privacy, Sells Personal Information
Headline Legal News
Facebook invades the privacy of its customers and misappropriates people's images and personal information for marketing and commercial purposes, a class action claims in Orange County Court, Calif. The class claims Facebook's "unconscionable" terms and conditions allow it to compile an extraordinary amount of data from users, and permits third parties access to a gold mine of information without users' knowledge or consent.
Professional photographer Elisha Melkonian says Facebook permitted her photos to be downloaded, copied and distributed without her permission, despite her fruitless attempts to stop it.
Melkonian says she is concerned that Facebook has stored personal information posted by her 11-year-old son, including "partially clothed photographs of children aged 5 to 11" who were swimming.
She claims Facebook's terms and conditions are misleading, as they do not clearly specify how Facebook stores or uses such sensitive material as contact information, date of birth, email addresses and phone numbers, which puts users at risk of identity theft.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.