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Entertainment Weekly Calls On OlenderFeldman For Comments

On Tuesday, October 18th, a 40-something year old actress filed a law suit against IMDb and Amazon for publishing her real name and age on IMDb’s website. Entertainment Weekly asked Michael J. Feldman, Esq., CIPP, to weigh in on the merits of the plaintiff’s privacy claim.

Feldman, a partner at OlenderFeldman who is also not involved in the IMDb suit, believes “the most pivotal issue in the case” will be the clarity of IMDb’s Privacy Policy and Subscriber Agreement. According to Feldman, IMDb’s “mistake here is that neither the Privacy Policy nor the Subscriber Agreement are clear as to the purpose for obtaining credit card information, and how that information will be used.” Without that confusion, Feldman speculated that IMDb could have avoided this lawsuit altogether. Still, he agreed that Doe “has numerous hurdles to overcome,” primarily that she “appears to confuse promises made in those agreements concerning security of information provided to IMDb and the privacy rights afforded to subscribers of the website.”

Making the case even less promising, Feldman thinks the $1 million price tag on Doe’s suit is unreasonable: “She will have an extremely difficult time proving damages under the facts alleged.” Added Feldman, a founding member of privacy and data protection consulting firm Acentris: “Even if IMDb is at fault, damages are limited to the total amount [she] paid” as an IMDbPro subscriber.

To read more on this intriguing matter, click here.