A gay couple is suing Facebook for millions of dollars in damages after the social network mistakenly posted a photo of them kissing on its Facebook page.
The couple filed a lawsuit Tuesday in California state court in Santa Clara, alleging Facebook’s wrongful conduct caused their lives to be destroyed and caused their family to be separated.
The lawsuit says the photo was taken last year at a bar in Santa Monica and the couple filed it as a joke on their personal Facebook page, but that the post went viral and caused the couple to be “stolen and harmed” as well as their business.
The photo is a photograph of the couple kissing on a beach, but Facebook had incorrectly published it as an actual photo of the two in bed, according to the lawsuit.
The photos were taken last November, when the couple was celebrating their first anniversary with their boyfriend.
In it, the couple is seen in their wedding dress.
But after the couple uploaded the photo to Facebook in December, the photo became a viral sensation, with people sharing it in posts on Facebook, Reddit and elsewhere.
The suit says Facebook knew the photo wasn’t real, but posted it anyway to keep its users guessing.
The case, filed in Santa Clarita Superior Court, says the couple has spent months trying to get the social networking site to refund them money and to apologize to them for the photo.
Facebook does not comment on pending litigation.
In an email to The Associated Press, a Facebook spokesperson said the photo had been shared “by an innocent user” on a private Facebook page but that “we have no idea why anyone would post something like this and then try to sell it.”
“We take all inappropriate photos very seriously, and we are committed to helping people find the truth about inappropriate content.
The photo posted by the user in question was not posted by a user or any of our users and has not been removed,” the statement said.
The two-page lawsuit says Facebook’s conduct is a violation of California’s consumer protection laws and the rights of its users.
The plaintiffs are asking for unspecified damages and unspecified punitive and exemplary damages.