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Class Action Lawsuit Against Mugshot Websites

It’s been years of fighting the mugshot website industry, but our voices have been heard in Ohio. Please contact us today if you have a mugshot website situation that you’d like to discuss.

H.B. 6 132nd General Assembly (As Passed by the General Assembly)

Reps. Barnes, Manning, Rezabek, Cupp, Kent, Rogers, Anielski, Arndt, Craig, Dever, DeVitis, Duffey, Fedor, Gavarone, Ginter, Green, Householder, Howse, Ingram, Landis, McColley, Miller, O’Brien, Patmon, Patterson, Patton, Perales, Ramos, Reece, Reineke, Schaffer, Scherer, Seitz, R. Smith, Sprague, West, Young Sens. Coley, Eklund, Bacon, Balderson, Beagle, Brown, Dolan, Hackett, Hite, Hoagland, Huffman, Jordan, Kunze, LaRose, Lehner, Manning, O’Brien, Oelslager, Schiavoni, Skindell, Sykes, Tavares, Terhar, Thomas, Uecker, Wilson

Effective date: January 18, 2018

    •  Prohibits a person engaged in publishing or disseminating criminal record
      information from soliciting or accepting payment in exchange for removing,
      correcting, modifying, or refraining from publishing or disseminating the
    • Makes a violation of the prohibition a first-degree misdemeanor.
    • Allows a victim who sues for a violation of the prohibition to be awarded specified damages, in addition to attorney’s fees, costs, and other remedies.
    Creation of criminal offense
    The act creates the offense of “misuse of criminal record information.” The act
    prohibits a person engaged in publishing or otherwise disseminating criminal record
    information in print or electronic form from negligently soliciting or accepting from a
    subject individual the payment of a fee or other consideration to remove, correct,
    modify, or refrain from publishing or disseminating criminal record information.1 A
    “subject individual” is an individual who was arrested and had the individual’s
    photograph was taken by a law enforcement agency during the processing of the arrest.
  • “Criminal record information” means any of the following:

     A photograph of the subject individual taken in Ohio by an arresting law
    enforcement agency (i.e., a booking photograph);
     The subject individual’s name;
     The subject individual’s address;
     The charges filed against the subject individual;
     A description of the subject individual who is asserted or implied to have
    engaged in illegal conduct.Criminal penalty for violation

  • The act makes misuse of criminal record information a first-degree misdemeanor.
    Each payment solicited or accepted in violation of the prohibition is a separate
  • Civil action for damages

    Continuing law allows an individual injured by a criminal act to sue for
    damages. Under the act, in such a lawsuit for a violation of the act’s criminal
    prohibition described above, the individual may be awarded the greater of $10,000 or
    actual and punitive damages. The individual also may be awarded reasonable
    attorney’s fees, court costs, and any other remedies provided by law. Under the act,
    humiliation or embarrassment is adequate to show that the individual has incurred
    damages. The individual does not need to prove a physical manifestation of humiliation
    or embarrassment to show damages.