The Tinder app compensates a woman with R$5,000 for moral damages after discovering the victim’s fake profile.
The decision of the judges of the 9th Chamber of Private Law of the Court of Justice of SP to condemn the company responsible for Tinder was recently confirmed. The reason for the conviction was to compensate for moral damages to a woman who had her phone number and photos published on the app without her knowledge. Furthermore, the board increased the amount owed to the victim: Tinder compensates the woman with R$5,000.
In this sense, the decision was made within the scope of an action filed by the SP Public Defender’s Office. According to the records, in April 2020, the woman found out about a fake profile of hers on Tinder. There were her photos and phone number, but with another name besides hers. The victim found out about the profile after receiving a message on WhatsApp from an application user. When trying to contact the platform through all possible channels, trying to delete the account, the girl was unsuccessful.
Therefore, before taking legal action, the Ombudsman’s Office served an extrajudicial notice on the law firm that represents Tinder in Brazil. In this way, they sought to request the deletion of the fake profile due to the violation of the victim’s image rights and peace of mind. However, in response, the company reported that it was unable to locate the account due to lack of information. They also highlighted the need for a court order to delete the account.
Thus, in the legal action, it was pointed out that the company responsible for Tinder establishes an obligation imposed on itself to take appropriate measures. In this sense, it is possible to list offer help, remove content, block access depending on resources, deactivate an account and contact the authorities. This must occur as soon as conduct that causes harm to other people is identified.
Tinder compensates woman after identity theft
Judge Patricia Persicano Pires, from the 3rd Civil Court of São Miguel Paulista, determined in the first instance that the company identify and block the profile account in question. Likewise, she ordered the payment of compensation to the victim for moral damages. The initial amount that Tinder compensates women for was R$3,000. However, the Public Defender’s Office appealed the decision, asking for the amount to be increased.
In any case, after analyzing the case, judges from the 9th Chamber of Private Law of the TJ-SP observed the need for the platform to comply with the requirements. This occurs if notified of the existence of a profile created by third parties, containing the complainant’s private information. Therefore, it is the platform’s duty to determine the veracity of the complaint and, if confirmed, remove the profile, regardless of the court order.
According to the collegiate, in these cases there is an issue of “improper use of private data, the privacy of which is guaranteed by the Federal Constitution”. And it is true that the woman sought an administrative solution to remove her information from the fake profile. Not only through the platform’s reporting mechanism, but also through extrajudicial notification from the Public Defender’s Office. The omission on the part of the company generated moral losses, and in a virtual environment, it is difficult to measure them.
