Chicago Woman Sues Web Site Over Racy Picture

Rebecca Rose says TheChive.com never got her permission to use her photos in an online photo gallery

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    NEWSLETTERS

    It bills itself as "probably the best site in the world," but a Chicago woman is suing photo entertainment website TheChive.com, claiming it used a provocative picture of her without her consent.

    The plaintiff, Rebecca Rose, alleges that she and numerous other people never gave Chive permission to publish photos of them, according to the suit. The plaintiff says Chive never took any steps to obtain consent on use of her picture or likeness on its website.

    Rose was featured in a photo gallery published on Martin Luther King Jr. Day 2013, according to the suit, filed in Cook County Circuit Court. The post included 68 provocative pictures of women with a headline reading, “Some FLBP on MLK Day,” according to the suit.

    FLBP is Internet lingo for "future lower back problems," and photos labeled FLBP typically feature woman with large breasts, according to the suit.

    Rose claims she has made several phone calls and sent several emails to the website’s operators stating the photo was posted without her consent or knowledge, and asking to take it down, according to the suit. The company has yet to acknowledge her request, the suit said.

    According to Chive’s tongue-in-cheek terms of service Chive “… owns the rights to any photos you upload, but also owns the rights to your mom.”

    The suit claims Chive regularly accepts photos from users who would be legally unable to provide consent of the people pictured -- once asking users to post photos of “their hot Facebook friend.”

    Chive is an Indiana-based LLC that operates under the name Resignation Media, LLC and does its primary business in Venice, Calif., according to the suit. The website draws more than 145 million page visits and ranks as the 356th most popular Internet site, the suit said.

    The lawsuit seeks class-action status and claims the website violates the Illinois Right of Publicity Act. Rose also claims false light and invasion of privacy, and is asking for an unspecified amount in damages plus legal fees.

    Calls made to Resignation Media were not immediately returned Wednesday evening.