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How many lawsuits are there against mugshots.com and affiliates?

Savannah, GA |

For something that seems so clearly illegal there seems to be a lot of 'law' supporting and possibly encouraging mugshot sites in every state. There also seems to be a great deal of people innocent or not, that are at odds with this 'legal extortion' of would be criminals. I would just like to know how many lawsuits have been waged in the war of the 'mug'.

Attorney Answers 2

Posted

I don't know how many lawsuits there are, but I do not believe they are viable unless the information is inaccurate. Generally, these sites get their information from public records. If you have been booked, then it is public record and fair game.

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Posted

Internet Crime Complaint Center (IC3) http://www.ic3.gov/ http://blackmail-extortion.com/ Sahar Sarid owns mugshots.com - 4400 NE. 26th Avenue, Lighthouse Point, FL 33064 US Code Exceeds authorized access and obtains information from a protected computer, 18 USC § 1030. Purlins, converts and conveys public records to his use and gain, 18 USC § 641. Criminal infringes name and likeness copyright for purposes of commercial advantage and private financial gain, 18 USC § 2319 & 17 USC § 506. Harasses, intimidates and causes substantial emotional distress to persons in other States, 18 USC § 2261A. Intentionally obtains, and transmits to another personal information with the intent to defraud a person, Internet Spyware (I-SPY) Prevention Act of 2007. As consideration for not informing demands and receives money, 18 USC § 873. Receives, possesses, conceals, and disposes of money which was obtained from the commission of an offense under this chapter, 18 USC § 880. US Code 18 USC § 1030 - Fraud and related activity in connection with computers (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— (C) information from any protected computer; 18 USC § 641 - Public money, property or records Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; 18 USC § 2319 - Criminal infringement of a copyright 17 USC § 506 - Criminal offenses (a) Criminal Infringement.— (1) In general.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed— (A) for purposes of commercial advantage or private financial gain; 18 USC § 2261A - Stalking (2) with the intent— (A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or (i) that person; (ii) a member of the immediate family (as defined in section 115 1 of that person; or (iii) a spouse or intimate partner of that person; Internet Spyware (I-SPY) Prevention Act of 2007 (1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or 18 USC § 873 - Blackmail Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both. 18 USC § 880 - Receiving the proceeds of extortion A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both. Public Records Adoptions Records Birth Records Court Records Criminal Records Death Records Divorce Records Driving Records Marriage Records Professional Licenses

Asker

Posted

FYI: You want to make you claim against the law enforcement agency that posted the picture they settle claims as fast as they are filed. You don’t hear about it because they are frozen on how many Sheriff’s are going to jail and they don’t want to open the flood gate of claims. All levels have been told to secure and stop posting or face criminal charges. It’s file and they settle.

Christine C McCall

Christine C McCall

Posted

And your source for these assurances is...?

Asker

Posted

Thank you Mr. Dumont, yes, I'm very interested in the legality of the whole business. And yes, anyone and everyone can access public records.

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Posted

Woman sues mug shot newspaper for defamation http://www.jsonline.com/blogs/news/126138853.html#!page=2&pageSize=10&sort=newestfirst Bengals Cheerleader Who Sued The Dirty For Ruining Her Reputation Now Facing Reputation-Ruining Charges http://www.forbes.com/sites/kashmirhill/2012/03/30/bengals-cheerleader-who-sued-the-dirty-for-ruining-her-reputation-now-facing-reputation-ruining-charges/ Goldfaced Paint Huffer Sues Companies For Using His Awful Mug Shot http://www.businessinsider.com/goldfaced-paint-huffer-sues-over-mug-shot-2009-12 Mug shot publication Cuffed sued for invasion of privacy http://journalstar.com/news/local/crime-and-courts/article_9f015064-233d-11df-90c7-001cc4c002e0.html All settled in favor of Plaintiff.

Christine C McCall

Christine C McCall

Posted

4 cases! 4 cases! 4 cases against 4 separate defendants causes you to state "Sheriff’s are going to jail" and "All levels have been told to secure and stop posting"!

Asker

Posted

Yesterday Charlie Ward who owns maricopacountyjail.com multiple felony in custody. Mugshot and all other websites seized by law enforcement. Mugshot website and other websites taken down by same.

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Non-Disclosure

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The information on my record is for arson it is inaccurate and they wont take it off. How can they put false charges on there that has never happened and it has cost me employment over this website.

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Posted

4 cases? Jeez, my research shows that the creator of this new business, was in fact an ex-con. He found a loophole and took advantage of it. Then when thousands of innocent people got mad, as in fact I found out that the jails sell the information to him for a fee, he decided to open other businesses that allegedly will remove this information for a hefty fee. Then, consequently, it was ascertained that they in fact do not even do what they were paid so usuriously for. This crap is illegal. The post mugshots, but don't follow the law. If the person was let go, never charged, or case dismissed, they do not pull the pic or information. They have a duty to do that. They are defaming people, hurting their reputation, ruining chances for employment, living arrangements, credit arrangements, etc. This is WRONG!!! They have made millions doing this, not honoring their extortion fees, not following the law on followup of arrests, etc. They of course have opened and run most of the other websites doing the same thing and again, more companies to redact or remove this information. This business must end. This Freedom of Information loophole has been abused to the end. I am quite surprised that there are not class action lawsuits against these folks. This must end!!!

Asker

Posted

Florida Statutes: 817.568 Criminal use of personal identification information. 817.5681 Breach of security concerning confidential personal information in third-party possession; administrative penalties. 817.569 Criminal use of a public record or public records information; penalties.

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Posted

This is how I got my mugshot taken down. 1. File a criminal complaint with IC3 http://www.ic3.gov/default.aspx US CODE 18 USC § 1030 — Fraud and related activity in connection with computers 18 USC § 2701 — Unlawful access to stored communications 18 USC § 641 — Public money, property or records 18 USC § 2511 — Interception and disclosure of wire, oral, or electronic communications prohibited 18 USC § 2261A — Stalking 18 USC § 2319 — Criminal infringement of a copyright 17 USC § 506 — Criminal offenses Internet Spyware (I-SPY) Prevention Act of 2007 18 USC § 873 — Blackmail 18 USC § 880 — Receiving the proceeds of extortion 18 USC § 1342 — Fictitious name or address 18 USC § 1349 — Attempt and conspiracy 18 USC § 241 — Conspiracy against rights 18 USC § 2 — Principals 1. Send a Cease and Desist letter to: Department of Commerce GeneralCounsel@doc.gov Internet Corporation for Assigned Names and Numbers (ICANN) compliance@icann.org Sahar Sarid – mugshots.com 4400 NE. 26th Ave. Lighthouse Point, FL 33064 intlwhoisprivacy@gmail.com Amazon Web Services copyright@amazon.com 2. File a DMCA Takedown Google http://support.google.com/bin/static.py?hl=en&ts=1114905&page=ts.cs Yahoo copyright@yahoo-inc.com Bing & msn dmcaagnt@microsoft.com Issuance of Public Record voids it from public record (Exceptions: Media i.e. CNN, 18 USC § 2319 — Criminal infringement of a copyright). Stolen public records is theft of government property.

Asker

Posted

Its public record but when a case file is expunged and dropped, it is no longer "on record" and therefore seems logically illegal to have a mugshot plastered on a for profit site !

Christine C McCall

Christine C McCall

Posted

Wrong; this statement is simply wrong. Wrong in fact, wrong in law. You need legal advice as to the meaning and results of "expunged."

Asker

Posted

I have contacted the ASCLU and emailed over 400 representatives.. We'll see what happens with this issue.

Asker

Posted

*ACLU

Posted

If you use the "browse" feature here on Avvo, you will find a great deal of info about the business you are asking about. Most recently there have been numerous complaints by persons who paid for removal of the info, only to find the same info quickly republished on an alleged "related" web-site. Also, there have been complaints that after six months, or a year, or two, the cycle of publication re-starts. I strongly recommend that you do your homework and gather all possible reliable info before setting your course.

(And resist the lure of "it must be true; I read it on the internet...". Here for example, "anonymous" has offered you some very dubious assurances about slam dunk settlements in the comments section. But, then, you already know to be highly skeptical about info sourced by anyone concealing their identity and basis of knowledge by hiding behind the handle "anonymous," don't you?)

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

Thank you Ms. McCall, yes, while I myself am not a victim I am researching the business itself there is a great deal that may or may not be true as I dig deeper! Thanks again, great advice!

Asker

Posted

Woman sues mug shot newspaper for defamation http://www.jsonline.com/blogs/news/126138853.html#!page=2&pageSize=10&sort=newestfirst Bengals Cheerleader Who Sued The Dirty For Ruining Her Reputation Now Facing Reputation-Ruining Charges http://www.forbes.com/sites/kashmirhill/2012/03/30/bengals-cheerleader-who-sued-the-dirty-for-ruining-her-reputation-now-facing-reputation-ruining-charges/ Goldfaced Paint Huffer Sues Companies For Using His Awful Mug Shot http://www.businessinsider.com/goldfaced-paint-huffer-sues-over-mug-shot-2009-12 Mug shot publication Cuffed sued for invasion of privacy http://journalstar.com/news/local/crime-and-courts/article_9f015064-233d-11df-90c7-001cc4c002e0.html All have been Settled in favor of plaintiff.

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