Sun Sentinel Broward Edition

Married cop sues over use of photo to promote dating site

- By Ron Hurtibise

Imagine your spouse demanding to know why your photo is being used to promote an internet dating site.

That’s what Golden Beach police officer David Guzman said happened to him. He’s suing London-based NSI Holdings Limited, owner of Cupid.com, and accusing the company of stealing his image from his Facebook page to promote UniformDat­ing.com, a dating site for military members and first responders.

According to a lawsuit filed in U.S. District Court in Miami, the company used Guzman’s photograph in various Instagram and Facebook advertisem­ents. In an example provided by Fort Lauderdale-based attorney Manuel Hiraldo, Guzman’s photo was posted on Instagram above the user name UniformDat­ingcom and a post identifyin­g him as “Jason, 33” and “Single.” The comment continues, “Bulletproo­f vest? Nah, it’s all muscle.”

A response filed by the company on Aug. 9 denies the charges, saying that Guzman or someone privy to his personal informatio­n created a dating profile on its site.

Guzman contends that he learned of the ads from several acquaintan­ces who saw his photo “on or about April 2018.”

Guzman’s wife asked why his photo was on a dating service ad, forcing him to explain to his wife “that he had no idea,” the suit states.

Furious, Guzman contacted NSI Holdings and demanded that the company stop using his photo. The company, Guzman contends, “was resistant, astonishin­gly demanding that [Guzman] provide proof of

his identity before removing the advertisem­ents.”

Guzman is married with children “and has never used, nor does he have any interest in [NSI Holdings’] dating services,” the suit states.

State and federal laws forbid use of a person’s likeness for commercial or advertisin­g uses without express consent, the suit states. Guzman is seeking an injunction that would prevent further use of his photo to promote the company’s dating business, as well as “actual, statutory and punitive damages.”

NSI Holdings, in its Aug. 9 filing, asked the court to dismiss the suit. It said Guzman’s position “is not enviable. He is a married man and respected member of his community who has been caught with a profile on an online dating website. While sympathies may flow in [Guzman’s] direction, there is no liability” for the company.

The company said that while investigat­ing Guzman’s claims, it discovered a user profile on UniformDat­ing.com that included Guzman’s actual birthdate and email address.

NSI Holdings could not have created the profile because it did not have access to his photo, email address or birthdate, the company contends. “Rather, the informatio­n available to NSI Holdings indicates that [Guzman] himself — or someone well acquainted with [him] — created this user profile,” the company’s filing states.

In addition, the company’s data showed that whoever uploaded Guzman’s profile visited UniformDat­ing.com just once, suggesting “that creation of the profile was a momentary dalliance,” it said.

Under the Terms of Use governing NSI Holdings’ websites, registered users agree to allow the company “to reproduce and broadcast the informatio­n contained in your profile including your name, photograph” and other submission­s “for marketing and other purposes,” royalty free, the company contends.

Guzman’s suit contends that the company is still using his picture, even after he sent a copy of his driver’s license to prove his identity. The company said it removed Guzman’s images within days of his request.

 ?? COURTESY ?? David Guzman says a dating site stole his photo for its promotiona­l ads.
COURTESY David Guzman says a dating site stole his photo for its promotiona­l ads.

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