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    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #1

    Jul 9, 2013, 12:54 PM
    Can I sue Facebook for not removing personal info
    Someone who used to be a friend has since turned against everyone and she has posted a check that was deposited into my bank account to her FB page and everyone can see it. It has my signature, my bank account number and my bank name on it. I have filed a report with FB twice to have it removed and it is still on there. It has been on there for 2 weeks. I found out a week ago and that is when I filed a report about it. Can I sue FB for not removing this and allowing my bank account information to continue being seen by the public?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
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    #2

    Jul 9, 2013, 12:59 PM
    Anyone can sue anyone else for anything.
    The real trick is winning.

    Your case is with your "friend" not Facebook.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 9, 2013, 01:02 PM
    If this is a check you gave her, its her property to do with as she pleases. As noted, your problem is with her not FB. Also, unless you can prove damages, you have nothing to sue over. Frankly I would go to my bank and ask them to change your account info.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #4

    Jul 9, 2013, 01:14 PM
    Quote Originally Posted by ScottGem View Post
    If this is a check you gave her, its her property to do with as she pleases. As noted, your problem is with her not FB. Also, unless you can prove damages, you have nothing to sue over. Frankly I would go to my bank and ask them to change your account info.
    Its actually a check that was made out to her and she and I both signed it and it went into my bank account because she didn't have an account. Now she is saying that I signed her name and deposited it into my account and that I am a thief. I assure you, this is not true. Our signatures do resemble and we both have the same first name, oddly enough. I have contacted my bank about changing my account number. I am concerned that a hacker can use my acct # and easily get the bank routing # and wipe out my account. I don't think FB should take so long to check into this type of thing. I couldn't sue her cause she has nothing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 9, 2013, 01:25 PM
    I agree that FB should have taken action, but its not FB's problem. And yes, I would have the same concern about using your account #, that's why I suggested you contact your bank about changing it.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jul 9, 2013, 01:29 PM
    Is she trying to say some or all the money should be hers?
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #7

    Jul 9, 2013, 01:42 PM
    Quote Originally Posted by N0help4u View Post
    Is she trying to say some or all the money should be hers?
    She owed me for some credit card charges that she fraudulently charged without me knowing about it. She's been paying on them for 2 years as she took responsibility for them. She gave me total control of her bank account to make sure the payment got made for the cards. 8 months ago, I told her that I was going to take out a loan on some of her retirement fund to pay for most of the credit card balance and also towards her a car as she didn't have one. She didn't argue the idea. On our retirement plan, you can borrow against it but you have to pay it back. When you finish paying it back, you end up with it all back in there. So, you didn't lose any of it. You can borrow it for only 1 1/2 % interest rate. It was better than paying the 6% rate on the credit card. She is saying I just for no reason took her retirement fund and deposited it into my account. Some of it went for the card and some for a car. 8 months later she decides to say this and post it on FB. She should have said something 8 months ago. She is just desperate for money right now and pulling out all the stops, including saying I'm a thief.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Jul 9, 2013, 01:45 PM
    Your mistake was having access to her card and not having a court order stating how she would pay you back. She probably agreed because it would make you look like you were frauding her in the end.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #9

    Jul 9, 2013, 02:01 PM
    Quote Originally Posted by N0help4u View Post
    Your mistake was having access to her card and not having a court order stating how she would pay you back. She probably agreed because it would make you look like you were frauding her in the end.
    You're probably right. We have been friends for 5 years and at the time, I believed what she was saying. As I look back, I have learned that she has a pattern like this and has with other people throughout her life. I know she won't get anywhere with this if she decides to pursue it. I have too much evidence against her. I just really wish I could sue Facebook for not removing the post shortly after it was reported. I think they should have some responsibility when something like this happens and it is reported. I understand FB is free and basically, you get what you pay for, but, still they should be required to take action sooner. It has been a week since it has been reported and it is still on there.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #10

    Jul 9, 2013, 02:34 PM
    The first 2 responses were correct and clear: you have no case against Facebook.
    You write well, so write your defense on your page, and cancel the bank account.
    Costs you nothing except maybe some printing of checks, and time.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #11

    Jul 9, 2013, 02:59 PM
    I do agree that the person that posted your personal check, should be held accountable. But, as has already been stated, in order to sue, you have to have damages. What are your damages to date? A lawsuit is meant to make you whole. If you haven't suffered any losses due to this, there's really nothing you can sue for.

    Here are fb's terms and services:

    http://www.google.com/url?sa=t&rct=j...CuGl1PgALoLIsA

    Keep in mind that they're a huge site, with millions of users. If you think you're the only one complaining about something, you're very wrong. It can take time for them to see your complaint. When they do, they'll likely remove the check post, and delete the posters account, but it won't happen right now just because it's your issue and you feel it should be taken care of automatically.

    You don't have a case against fb. I don't even see where you have a case against the person that posted the check, since you don't mention any actual damages.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jul 9, 2013, 03:00 PM
    By the way, I doubt seriously if anyone is going to believe you were able to take a loan against her retirement balance without her permission. The company will require her to sign the papers and is going to know if she didn't.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #13

    Jul 9, 2013, 04:31 PM
    I appreciate all the answers and advice. At this time, there are no damages. It is just scary having your account info online with all the professional hackers out there to see. I do understand that I'm not the only one with a complaint. I guess I just think they need to staff more people if they are not able to handle the reports/complaints within 48 hours or so. A LOT of people see what is posted daily/hourly, so it is seen immediately by many. It was a week before I actually found out it was on there so that also had me nervous. I am changing my account # with the bank. Unfortunately, I have direct deposit on a couple of accounts and also automatic billing set up. I know it will take a little time but it will be worth it. My ex-friend is a habitual liar. However, she is very good at manipulating people that are giving and helpful, such as myself. I have learned a huge lesson in this but unfortunately, it has also made me a little bitter towards people that like to use other people. Definitely have to keep the eyes open. BTW, I just received a text from a friend that said the post is no longer on her site. I will verify this tomorrow. I don't know if FB deleted it or if she deleted it. I do know that she lost a couple of her friends by posting it. I would do a defense on my page but I really just want all of this to be over. Thanks to everyone for the advice and input. It is greatly appreciated!
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #14

    Jul 9, 2013, 04:48 PM
    'I do know that she lost a couple of her friends by posting it.'
    As it should be. Good. Social networking does take care of a lot of monkey wrenches in the works.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #15

    Jul 9, 2013, 05:01 PM
    Quote Originally Posted by joypulv View Post
    'I do know that she lost a couple of her friends by posting it.'
    As it should be. Good. Social networking does take care of a lot of monkey wrenches in the works.
    Absolutely! She lost one of her best buds because she wanted her to comment on her posting but the girl refused to comment so then, she turned on her and started telling lies on her. Such Drama! Her true colors are showing :)
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #16

    Jul 9, 2013, 05:01 PM
    Quote Originally Posted by tsswig View Post
    I appreciate all the answers and advice. At this time, there are no damages. It is just scary having your account info online with all the professional hackers out there to see. I do understand that I'm not the only one with a complaint. I guess I just think they need to staff more people if they are not able to handle the reports/complaints within 48 hours or so. A LOT of people see what is posted daily/hourly, so it is seen immediately by many. It was a week before I actually found out it was on there so that also had me nervous. I am changing my account # with the bank. Unfortunately, I have direct deposit on a couple of accounts and also automatic billing set up. I know it will take a little time but it will be worth it. My ex-friend is a habitual liar. However, she is very good at manipulating people that are giving and helpful, such as myself. I have learned a huge lesson in this but unfortunately, it has also made me a little bitter towards people that like to use other people. Definitely have to keep the eyes open. BTW, I just received a text from a friend that said the post is no longer on her site. I will verify this tomorrow. I don't know if FB deleted it or if she deleted it. I do know that she lost a couple of her friends by posting it. I would do a defense on my page but I really just want all of this to be over. Thanks to everyone for the advice and input. It is greatly appreciated!!
    I would block her on fb, and cut all contact with her. That should be your next step regarding fb.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #17

    Jul 9, 2013, 05:11 PM
    Quote Originally Posted by Alty View Post
    I would block her on fb, and cut all contact with her. That should be your next step regarding fb.
    We've been blocked from each other for a couple of months. That's why I didn't know about the post right away. I don't want any dealings with her at all.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #18

    Jul 9, 2013, 05:41 PM
    By the way, most people don't make their FB pages openly public. So the number of people who probably saw the post is minimal.
    tsswig's Avatar
    tsswig Posts: 8, Reputation: 1
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    #19

    Jul 9, 2013, 06:04 PM
    Quote Originally Posted by ScottGem View Post
    By the way, most people don't make their FB pages openly public. So the number of people who probably saw the post is minimal.
    Let's hope :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #20

    Jul 9, 2013, 09:28 PM
    I will come in and say that most likely there is not much that can be done, and it is most likely not even breaking any laws. Unless she got hold of the cancelled check illegally.

    As for as your signed name, mine is posted several places on the internet, as a autograph, who would have ever thought, and I do not know where they even got it. But it is not something I can do anything about.
    If you are worried about bank account numbers, just close that account and open new account

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