Meta wins $200K in suit against a foreign app developer that stole user data

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Meta lawsuit overview: 

• Who: Facebook parent company Meta has been awarded $200,000 in damages in a default win over foreign app developer Nikolay Holper. 
• Why: Meta claimed Holper had created a fake engagement business service to collect personal data from unknowing Facebook and Instagram users. 
• Where: The lawsuit was filed in California federal court. 

A federal judge in California has granted Facebook parent company Meta damages of nearly $200,000 in a lawsuit following claims a foreign app developer used malicious software to gather personal data from unaware Facebook and Instagram users. 

Meta was awarded a default win after the judge sided with the company in its allegations against foreign app developer Nikolay Holper, who never responded to the complaint or appeared in court, reports Law360. 

Holper was reportedly accused by Meta of creating a fake engagement business service called Nakrutka that had a purpose of artificially inflating follower counts, likes and other methods related to engagement on social media platforms. 

Meta granted damages under cybersquatting Lanham Act claims

Meta, which received damages under its cybersquatting Lanham Act claims, was also awarded a permanent injunction against Holper; it was determined an injunction would be necessary to protect trademark rights for Facebook, Law360 reported. 

The company reportedly was denied an award of statutory damages for claims Holper used a counterfeit mark, however, after it was determined it failed to show Holper “clearly” made and used a fake logo identical to its own registered mark. 

Holper used Cyrillic text in his mark that translated to “INSTAGRAM” in several languages. However, the court determined the fact that he used a different alphabet and letters prevented it from being considered counterfeit, Law360 reported. 

Meta agreed to pay a class of Facebook users $37.5 million in August to resolve claims the company violated their privacy with its location tracking technology. 

Have you had your personal data unknowingly collected by a third party? Let us know in the comments. 

Facebook and Instagram are represented by Ann Marie Mortimer and Jason J. Kim of Hunton Andrews Kurth LLP.

The Meta lawsuit is Facebook Inc., et al. v. Holper, Case No. 3:20-cv-06023, in the U.S. District Court for the Northern District of California.

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