Federal Court Denies Preliminary Relief to Gay Victim of Revenge Listings on Grindr

A federal judge in Manhattan has denied a gay man’s request to extend a temporary restraining order that had been issued against Grindr, a web-based gay dating app, by a state trial court on the plaintiff’s behalf before the defendant removed the case to federal court. Herrick v. Grindr, LLC, 2017 WL 744605 (S.D.N.Y., Feb. 24, 2017). Matthew Herrick claims that a “former love interest, known as JC, has impersonated him on Grindr by creating profiles bearing Plaintiff’s image and personal information, including his home and work address,” wrote District Judge Valerie Caproni in her ruling on the application to renew the state court’s TRO, which has since expired. “Some of the fake profiles describe Plaintiff as being interested in fetishistic sex, bondage, role playing, and rape fantasies and encourage potential suitors to go to his home or workplace for sex.” Herrick alleges that “dozens of men” had responded, “some of whom have physically assaulted or threatened Plaintiff and his friends and co-workers.” In a footnote, the judge says that Herrick “has at times described the total number of persons as ‘approximately 400.’”

Herrick claims that he has sent more than fifty complaints to Grindr, which acknowledges receiving them but has taken no action. In his state court complaint, as described by Judge Caproni in her opinion, he asserted claims against Grindr for negligence, intentional and negligent infliction of emotional distress, and failure to warn (in connection with Grindr’s alleged failure to monitor its users, prevent abuse of the Grindr application, or respond adequately to his complaints). He also brought claims for false advertising and deceptive business practices under state law, and a common law claim for negligent misrepresentation based on “Grindr’s alleged misrepresentations regarding the safety of the Grindr user community generally and Grindr’s alleged knowledge of JC’s history of harassment.”

For the full story, access the March 2017 issue of LGBT Law Notes.