Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
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` Case No.
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`CLASS ACTION COMPLAINT
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`BARBARA KNAPKE, individually and on
`behalf of all others similarly situated,
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`PEOPLECONNECT, INC., a Delaware
`Corporation,
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`v.
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`Defendant.
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`Plaintiff Barbara Knapke (“Plaintiff”) brings this action on behalf of herself and all others
`similarly situated against Defendant PeopleConnect, Inc. (“Classmates” or “Defendant”). Plaintiff
`makes the following allegations pursuant to the investigation of her counsel and based upon
`information and belief, except as to the allegations specifically pertaining to herself, which are
`based on personal knowledge.
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`NATURE OF ACTION
`Plaintiff brings this class action complaint against Defendant for willfully
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`misappropriating the photographs, likenesses, images, and names of Plaintiff and the class;
`willfully using those photographs, likenesses, images, and names for the commercial purpose of
`selling access to them in Classmates products and services; and willfully using those photographs,
`likenesses, images, and names to advertise, sell, and solicit purchases of Classmates services and
`products; without obtaining prior consent from Plaintiff and the class.
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 2 of 10
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`Classmates’ business model relies on extracting personal information from school
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`yearbooks, including names, photographs, schools attended, and other biographical information.
`Classmates aggregates the extracted information into digital records that identify specific
`individuals by name, photograph, and other personal information, and stores those digital records
`in a massive online database. Classmates provides free access to some of the personal information
`in its database to drive users to purchase its two paid products – reprinted yearbooks that retail for
`up to $99.95, and a monthly subscription to Classmates.com that retails for approximately $3 per
`month – and to get page views from non-paying users, from which Classmates profits by selling ad
`space on its website.
`Defendant sells its products on its website: www.classmates.com.
`3.
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`Upon accessing Classmates’ website, the public-at-large is free to enter the
`information of a particular school.
`After entering this information, any public user of Classmates’ website is provided
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`with a listing of search results. Each search result corresponds to a school of which Classmates
`sells their yearbook service.
`These search results provide a limited, free preview of Defendant’s service. As
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`shown in the images below, this free preview includes Plaintiff’s name and photo:
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`As shown in the above, Classmates’ free preview provides enough information to
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`identify an individual.
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 3 of 10
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`The purpose behind Classmates’ free preview is singular: to entice users to purchase
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`Defendant’s services. These enticements are clear in the screenshots below:
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 4 of 10
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`Thanks, Christotglaihta-rI
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`3.: HGRTH FLEN
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`H F'LIH
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`amazon
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 5 of 10
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`When a user selects “Upgrade Your Membership” in the images above (while
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`names and photographs of Plaintiff and the putative class are prominently displayed), users are
`given an offer to sign up for Classmates’ monthly subscription service whereby a user is able to
`“keep in touch” with other classmates.
`Classmates thus uses the identities of Plaintiff and the putative class to market its
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`completely unrelated subscription services.
`Classmates’ most popular monthly subscription costs $3 per month.
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`Ohio’s Right of Publicity law states that: “a person shall not use any aspect of an
`individual's persona for a commercial purpose.” OH ST § 2741.02(A).
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 6 of 10
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`Neither Plaintiff nor class members provided Defendant with consent to use their
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`identities in Defendant’s advertisements. As detailed above, Classmates uses class members’
`identities to advertise its for-profit services. Thus, Defendant violates OH ST § 2741, et seq.
`It would be simple for Classmates to maintain their business model while still
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`complying with state law. For example, Classmates could sell Plaintiff’s information on an
`individual basis without using her identity to advertise its subscription service.
`PARTIES
`Plaintiff Barbara Knapke is a citizen of Ohio who resides in Sidney, Ohio.
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`Defendant PeopleConnect, Inc. is a Delaware corporation with its principal place of
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`business located in Seattle, Washington. Defendant PeopleConnect, Inc. owns and operates the
`website www.classmates.com.
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`JURISDICTION AND VENUE
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d)(2)(A)
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`because this case is a class action where the aggregate claims of all members of the proposed class
`are in excess of $5,000,000.00, exclusive of interest and costs, and Plaintiff, together with most
`members of the proposed class, are citizens of states different from Classmates.
`This court has specific personal jurisdiction over Defendant because its principal
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`place of business is located in this district.
`Pursuant to 28 U.S.C. § 1391, this Court is the proper venue for this action because
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`a substantial part of the events, omissions, and acts giving rise to the claims herein occurred in this
`District.
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`FACTS COMMON TO ALL CAUSES OF ACTION
`Plaintiff discovered that Classmates uses her name and photo in advertisements on
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`the Classmates website to advertise and/or actually sell Defendant’s products and services. These
`advertisements were the same or substantially similar to those shown in Paragraphs 6 and 8.
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`Plaintiff believes that it is reasonable for others to identify her because Defendant’s
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`advertisements include accurate details about her as well as her photograph.
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 7 of 10
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`is herself.
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`Indeed, Plaintiff can confirm that the individual Defendant identified in paragraph 6
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`Plaintiff never provided Classmates with consent to use any attribute of her identity
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`in any advertisement or for any commercial purposes.
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`Plaintiff is not and has never been a Classmates customer. She has no relationship
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`with Classmates whatsoever.
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`As the subject of a commercial transaction, Plaintiff’s personal identifiable
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`information disclosed by Classmates has commercial value. These aspects of Plaintiff’s identity
`are valuable to online advertisers among others.
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`identity.
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`Plaintiff has not been compensated by Classmates in any way for its use of her
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`CLASS REPRESENTATION ALLEGATIONS
`Plaintiff seeks to represent a class defined as all Ohio residents who have appeared
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`in an advertisement preview for a Classmates product (the “Class”).
`28. Members of the Class are so numerous that their individual joinder herein is
`impracticable. On information and belief, members of the Class number in the millions. The
`precise number of Class members and their identities are unknown to Plaintiff at this time but may
`be determined through discovery. Class members may be notified of the pendency of this action
`by mail and/or publication through the distribution records of Defendant and third-party retailers
`and vendors.
`Common questions of law and fact exist as to all Class members and predominate
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`over questions affecting only individual Class members. Common legal and factual questions
`include, but are not limited to:
`a. Whether Classmates’ uses class members’ names and identities in
`advertisements for its own commercial benefit;
`b. Whether the conduct described herein constitutes a violation of OH
`ST § 2741, et seq.;
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 8 of 10
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`c. Whether Plaintiff and the class are entitled to injunctive relief;
`d. Whether Defendant was unjustly enriched; and
`e. Whether Defendant violated the privacy of members of the class.
`The claims of the named Plaintiff are typical of the claims of the Class.
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`Plaintiff is an adequate representative of the Class because her interests do not
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`conflict with the interests of the Class members they seek to represent, they have retained
`competent counsel experienced in prosecuting class actions, and they intend to prosecute this
`action vigorously. The interests of Class members will be fairly and adequately protected by
`Plaintiff and her counsel.
`The class mechanism is superior to other available means for the fair and efficient
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`adjudication of the claims of the Class. Each individual Class member may lack the resources to
`undergo the burden and expense of individual prosecution of the complex and extensive litigation
`necessary to establish Defendant’s liability. Individualized litigation increases the delay and
`expense to all parties and multiplies the burden on the judicial system presented by the complex
`legal and factual issues of this case. Individualized litigation also presents a potential for
`inconsistent or contradictory judgments. In contrast, the class action device presents far fewer
`management difficulties and provides the benefits of single adjudication, economy of scale, and
`comprehensive supervision by a single court on the issue of Defendant’s liability. Class treatment
`of the liability issues will ensure that all claims and claimants are before this Court for consistent
`adjudication of the liability issues. Defendant has acted or refused to act on grounds that apply
`generally to the class, so that final injunctive relief or corresponding declaratory relief is
`appropriate respecting the class as a whole.
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`COUNT I
`Violation of Ohio’s Right of Publicity OH ST § 2741, et seq.
`Plaintiff incorporates by reference and re-allege herein all paragraphs alleged above.
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`Plaintiff brings this claim individually and on behalf of the members of the Class.
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`Ohio Revised Code Sec. 2741.01, et. seq., prohibits using an individual's name for
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`advertising or soliciting the purchase of products or services without written consent.
`CLASS ACTION COMPLAINT
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`BURSOR & FISHER, P.A.
`CASE NO.
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`888 SEVENTH AVENUE
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`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 9 of 10
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`As shown above, Defendant used Plaintiff’s and the putative class members’ names
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`and likenesses for the purpose of advertising or promoting its products without written consent.
`The aspects of Plaintiff’s persona that Defendant uses to advertise its product has
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`commercial value.
`Plaintiff is domiciled in Ohio.
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`Defendant had knowledge that Plaintiff’s persona was being used in an
`advertisement without authorization.
`Defendant intended for Plaintiff’s persona to be used in an advertisement without
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`authorization.
`Based upon Defendant’s violation of Ohio Revised Code Sec. 2741.01, et. seq.,
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`Plaintiff and class members are entitled to (1) an injunction requiring Defendant to cease using
`Plaintiff’s and members of the class’ names and any attributes of their identities to advertise its
`products and services, (2) statutory damages in the amount of between $2,500 and $10,000 per
`violation to the members of the class, (3) an award of punitive damages or exemplary damages, and
`(4) an award of reasonable attorney's fees, court costs, and reasonable expenses under OH ST §
`2741.07
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff, individually and on behalf of all others similarly situated, seeks
`judgment against Defendant, as follows:
`For an order certifying the Class under Rule 23 of the Federal Rules of Civil
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`Procedure and naming Plaintiff as the representative of the Class and Plaintiff’s
`attorneys as Class Counsel to represent members of the Class;
`For an order declaring the Defendant’s conduct violates the statutes referenced
`herein;
`For an order finding in favor of Plaintiff and the Class on all counts asserted herein;
`For compensatory, statutory, and punitive damages in amounts to be determined by
`the Court and/or jury;
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`c.
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`b.
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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`Case 2:21-cv-00262 Document 1 Filed 03/02/21 Page 10 of 10
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`e.
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`For prejudgment interest on all amounts awarded;
`For an order of restitution and all other forms of equitable monetary relief;
`For all injunctive relief the court finds appropriate; and
`For an order awarding Plaintiff and the Class their reasonable attorneys’ fees and
`expenses and costs of suit.
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`DEMAND FOR TRIAL BY JURY
`Plaintiff demands a trial by jury of all issues so triable.
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`Dated: March 2, 2021
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`Respectfully submitted,
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`CARSON NOEL PLLC
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`By: /s/ Wright A. Noel
` Wright A. Noel
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`Wright A. Noel (State Bar No. 25264)
`20 Sixth Avenue NE
`Issaquah, WA 98027
`Tel: (425) 837-4717
`Fax: (425) 837-5396
`E-Mail: wright@carsonnoel.com
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`BURSOR & FISHER, P.A.
`Philip L. Fraietta (Pro Hac Vice Forthcoming)
`888 Seventh Avenue
`New York, NY 10019
`Telephone: (646) 837-7150
`Facsimile: (212) 989-9163
`E-Mail: pfraietta@bursor.com
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`Attorneys for Plaintiff
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`CLASS ACTION COMPLAINT
`CASE NO.
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`BURSOR & FISHER, P.A.
`888 SEVENTH AVENUE
`NEW YORK, NY 10019
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