Update: Important Note
We are currently not accepting new clients on these types of matters. While these cases often represent blatant copyright infringement and violation of Minnesota privacy laws, the operators of Jerk.com have demonstrated a willingness to spend time and money fighting these matters, and generally victims don’t have the money required for their legal battles.
We have considered a class action case, but determined we cannot spend our firm’s resources on such a large case at this time. While we are open to discussing representation of paying clients, we advise them that the battle will be long and expensive.
Visitor Questions and Attorney Answers:
How much does your firm charge to draft and send a cease and desist letter to Jerk.com?
Answer: Formerly, we charged a $300 flat fee for a cease and desist letter, which included talking with a paralegal for 10 minutes regarding your situation and her drafting a cease and desist letter signed by an attorney. If your situation requires an attorney’s involvement beyond this, additional fees apply.
What is the Process After I Hire You?
Answer: Here is our internal process:
- Our paralegal will talk with you about your situation, analyze the URL with your information and/or photo on Jerk.com, and determine your legal rights and options.
- Our paralegal will draft a cease and desist letter to Jerk.com.
- Our paralegal will wait one month for a response or to see if Jerk.com complies with the cease and desist letter.
- If not, our paralegal will discuss with you bringing a lawsuit against Jerk.com (which usually involves additional fees).
Can I Send My Own Letter to Jerk.com?
Answer: You may send your own letter to Jerk.com, but Jerk.com has a published notice saying it will not remove content based on requests or demands from people.
Can You Guarantee That the Information About Me Will be Removed from Jerk.com?
The result I need is to have (1) the entire page removed or (2) negative comments and my photos deleted from the page. The site advertises that I could pay $90 per year to redirect the page to another site, but I would rather pay you than them. If you feel this can be accomplished, then it is definitely worth hiring you.
Answer: I can’t guarantee results. Jerk.com may simply ignore your letter and then you would need to consider further legal action to continue the fight.
If you can get your profile removed/redirected for $90 per year, that would be a much cheaper option. However, Jerk.com says it won’t remove such information.
The quickest and strongest effort, albeit expensive, to remove your profile would be to initiate a lawsuit and bring a motion for a temporary restraining order (TRO) to take down the information. However, that would cost thousands of dollars.
Interview with an Anonymous Victim:
Aaron Hall: I am Aaron Hall, an attorney in Minneapolis, you can find us at MinnesotaAttorney.com. I am sitting here with a victim of a new type of crime online. Websites like Jerk.com allow anonymous people to post information about another. Then people can vote on whether the person is a jerk or not. You may have heard of sites like HotOrNot.com and some of the others. Social media is entering a new realm where now the law is having to protect people and their legal rights. When you first heard that your name and image were posted on Jerk.com how did you feel?
Anonymous: I was horrified, I was scared, a lot of anxiety of finding out that basically anyone anonymously can go out and write whatever they choose to about me whether they were truth or lies. So that’s definitely something that really scared.
Aaron Hall: So from a legal perspective you have copyright infringement with your image from Facebook being used. You have potential defamation, potentially invasion of privacy, potentially some other torts there as well. How has this affected you in your job hunt?
Anonymous: Well, I am not sure if it has affected me but I am wondering if it has because now a days most employers do a ton of research on their potential candidates and Googling is one of the top things that employers go for these days, “Let’s check out what this client or potential candidate is all about.” And they look for the bad things on those people. So showing up at the very top of a search engine, Jerk.com, that probably doesn’t look so great to an employer.
Aaron Hall: Employers don’t have to look very hard if they just type in your name, your profile on Jerk.com comes up. Jerk.com says they won’t remove it, so we are sending a Demand Letter to them the legal basis for why they must remove it. If they fail to, then they will be liable and we can take the next step, if necessary, to bring them before a judge and have them explain to a judge why they are breaking the law, and continuing to publish this information. If you have been a victim of Jerk.com or some of these other defamatory or negative sites, feel free to call our law firm or other law firms that deal with this. You can reach us at MinnesotaAttorney.com and an attorney here at JUX Law Firm can assist you in dealing with removal of your information on the web.