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An Indiana journalist is seeking class action status in a lawsuit against the website Muck Rack, claiming the company used her name and likeness without permission to sell products.
The lawsuit states that the company’s actions violate Indiana’s Right of Publicity Act, which prohibits companies from using an aspect of a personality’s right of publicity for commercial purposes without consent.
Muck Rack is a website with resources for journalists and other users looking to connect with journalists. The company was founded in 2009 to connect journalists on social media and, in 2011, introduced a software platform for journalist profiles and a media database to help users find contact information for reporters, according to its website. It now uses artificial intelligence and sells subscription plans for media professionals looking for analytics and onboarding tools.
Plaintiff Erica Morse is a Michigan City-based journalist who said Muck Rack created a profile page for her without her permission. The profile page includes the publications Morse has written for and links to several articles she had written. It also includes a link telling website visitors to “get in touch with Erica” and leads them to a page about the company’s public relations software, according to court documents.
Morse states that her page is representative of thousands of similar profile pages disseminated by Muck Rack. She argues that the pages are used as bait ” for the singular commercial purpose of selling more subscriptions to its products and services,” court documents state.
She also argues that Muck Rack uses journalists’ names in search engine optimization techniques to “trade on the commercial value” associated with the reporters’ names, according to court documents.
Linda Zebian, Muck Rack’s vice president of communications, told The Indiana Lawyer that the company’s goal is to elevate and connect the journalism community, help journalists expand their reach and showcase their published work. She said the company believes Morse “misunderstands” how the platform operates.
“We provide free portfolios, easy-to-use profile customization and opt-out tools for any journalist who wishes to manage their visibility,” she told The Lawyer in an email. “We look forward to advocating for our platform and our community while remaining focused on building tools that empower journalists to do their best work.”
In addition to suing the company under the state Rights of Publicity Act, Morse is seeking class action status for the lawsuit to represent herself and all other people in Indiana for whom Muck Rack created a profile without permission.
Morse also is asking for injunctive relief to stop Muck Rack from creating the profiles.
The case is Erica Morse v. Muck Rack LLC, 3:26-cv-01646, filed in the U.S. District Court for the Northern District of Indiana.
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