Nil illegitimi carborundum

Matthew Herrick is claiming product liability and is alleging fraud, and deceptive business practices for Grindr’s failure to address the issue.

He claims that an ex he met on Grindr, has been creating fake accounts on the app since October of last year.

The lawsuit claims that as many as 16 men per day responded to the fake profiles with some of showing up at his place of work. They had been told not to be deterred if Herrick was initially resistant to their advances—it was “part of an agreed upon rape fantasy or role play”.

Carrie Goldberg, one of Herrick’s lawyers, told Wired that the fake accounts “were setting him up to be sexually assaulted. It’s just luck that it hasn’t happened yet.”

Herrick’s lawyers have their work cut out. The Communications Decency Act generally bars an internet or computer service provider from being liable for publishing harmful content generated by a third party user.

In 2015, a district court in New Jersey ruled the CDA’s “Good Samaritan” clause shielded Grindr from liability for any misrepresentations on user profiles after a man sued the app when he was caught meeting a 13-year-old for sex.

But Herrick’s solicitors believe they can succeed. Ms Goldberg told CNN: “Much of our work is about finding the cracks and holes in 230 of the CDA. Companies don’t deserve special protections when their product is dangerous and 230 doesn’t give them protection in such cases.”