BankruptReport.com - Posting Names & Public Bankruptcy Records online for Profit

[Jwalker3]

What is the name of your state (only U.S. law)? New York

Similar to the Mugsite websites, there is a new site called Bankruptreport.com that is publishing the names (and individual profile page) of people who have filed for bankruptcy in the US . Aside from my name, address and filing information appearing on this site, my bankruptcy now ALSO appears prominently on web engine searches (Google, Bing, Yahoo, etc.) when anyone types in my name. Needless to say, this hasn't been great for my consultancy business.

While the site won't take down your bankruptcy profile, they will conveniently refer you to a third party "reputation management" firm who you can pay to remove your page from their site. I have read online that the fee is $400.

I know what bankruptreport.com is doing is technically legal, but do I have ANY legal recourse to get my name and information removed from their website?

Does the right of publicity apply to this situation? Misappropriation? Violation of privacy? Bankruptreport.com claims that their ONLY source of revenue is from advertising. Do they have the right to feature ads next to my profile page (and my name) without permission for exploitative purposes?

Any help would be greatly appreciated...many thanks!

 

[quincy]

What is the name of your state (only U.S. law)? New York

Similar to the Mugsite websites, there is a new site called Bankruptreport.com that is publishing the names (and individual profile page) of people who have filed for bankruptcy in the US . Aside from my name, address and filing information appearing on this site, my bankruptcy now ALSO appears prominently on web engine searches (Google, Bing, Yahoo, etc.) when anyone types in my name. Needless to say, this hasn't been great for my consultancy business.

While the site won't take down your bankruptcy profile, they will conveniently refer you to a third party "reputation management" firm who you can pay to remove your page from their site. I have read online that the fee is $400.

I know what bankruptreport.com is doing is technically legal, but do I have ANY legal recourse to get my name and information removed from their website?

Does the right of publicity apply to this situation? Misappropriation? Violation of privacy? Bankruptreport.com claims that their ONLY source of revenue is from advertising. Do they have the right to feature ads next to my profile page (and my name) without permission for exploitative purposes?

Any help would be greatly appreciated...many thanks!

Report the site to your Attorney General. Do not pay any reputation management firm to have information removed. And consult with an attorney in your area.

Many of these sites are under investigation and states are looking at ways to protect consumers.

In the meantime, you can try to flood the internet with positive stories about yourself (have friends and family help), which can sometimes work to move the negative information from page one to page two or three when a search is done of your name.

 

[Proserpina]

(Assuming this isn't seed spam)

Nope. They're allowed to reproduce virtually anything the general public can access.

They're not exploiting anything. They're simply putting the information out there.

 

[OHRoadwarrior]

You must admit it does seem to partially represent your credentials.

 

[quincy]

While I agree much of what is published online on sites like these comes from publicly accessible public records, there are problems with the sites that offer to remove information for a fee - and these remove-for-fee sites are often owned by the same sites that publish the information in the first place.

Ads placed next to profiles, by the way, would not (generally) be considered a misappropriation of a name or likeness (which falls under New York's Civil Rights law - section 50 and 51, I think). You would need to be featured IN an ad for it to be a misappropriation - unless the way your information is presented implies you support or endorse whatever it is that is advertised, and the sites I've seen are not set up that way.

Florida and a handful of other states are determining some mug shot sites are invasion of a person's privacy and suits have been filed in a handful of other states.

 

[Proserpina]

While I agree much of what is published online on sites like these comes from publicly accessible public records, there are problems with the sites that offer to remove information for a fee - and these remove-for-fee sites are often owned by the same sites that publish the information in the first place.

Ads placed next to profiles, by the way, would not (generally) be considered a misappropriation of a name or likeness (which falls under New York's Civil Rights law - section 50 and 51, I think). You would need to be featured IN an ad for it to be a misappropriation - unless the way your information is presented implies you support or endorse whatever it is that is advertised, and the sites I've seen are not set up that way.

Florida and a handful of other states are determining some mug shot sites are invasion of a person's privacy and suits have been filed in a handful of other states.

Well heck. That's very true!

Mea culpa

 

[quincy]

Well heck. That's very true!

Mea culpa

You are right about most of this information still being legal to publish in most states. So non culpabilis.

States have been asked to investigate these sites, though, after numerous consumer complaints.

The good news is that many states are now recognizing these sites as problematic and are looking at ways to address the problem, with some success.



Edit to add:
There are privacy rules that cover the publication of social security numbers, taxpayer identification numbers, financial account information and names of minors (among a few other categories, like medical histories) - but these rules do not cover names, addresses or the filings.

SO, if documents filed with the court are published with the privacy-protected information not redacted, then it can be a privacy violation, per the Federal Rules of Civil Procedure (Rule 5.2), the Federal Rules of Criminal Procedure (Rule 49.1), and the Federal Rules of Bankruptcy Procedure (Rule 9037).

Links to the Rules, from Cornell:
http://www.law.cornell.edu/rules/frcp/rule_5.2
http://www.law.cornell.edu/rules/frcrmp/rule_49.1
http://www.law.cornell.edu/rules/frbp/rule_9037

Again, reviewing the facts of the publication of documents online with an attorney is the best way to determine if there is any legal recourse available.