From yesterday's decision by Magistrate Judge Laura Lothman Lambert (M.D. Fla.) in Doe v. Predator Catchers, Inc.:
[D]efendant Predator Catchers, Inc. … "has as its purported mission, the investigation into … and public exposure of sexual predators, principally those preying on minors." … [P]laintiff alleges Predator Catchers uses vigilante tactics, including setting up fake profiles on internet dating websites to lure individuals into potential trysts through sexually suggestive messaging. Predator Catchers then publicly, through various internet platforms, accuses individuals of attempting to engage in sexual encounters with minors.
Plaintiff maintained a profile on Tinder, an online dating application; on March 2, 2022, he matched with a woman named Jessie. Plaintiff and Jessie first sent messages to each other using the Tinder platform and then transitioned to communicating via text messaging. Eventually, Jessie invited plaintiff to meet at her grandmother's house in Mayport, Florida. According to plaintiff, Jessie's Tinder profile pictures depicted an adult, as did the five other photographs she sent him via text; plaintiff also alleges that he confirmed Jessie was over 18 years old.
Plaintiff later traveled to the Mayport address provided by Jessie and was greeted by an adult female. Schmutte, [founder and president of Predator Catchers,] who was also present at the address, then confronted plaintiff, while he recorded him, and accused him of attempting to have sex with a minor. Schmutte also allegedly threatened to strike plaintiff in the face. According to the complaint, Schmutte states there is no case against plaintiff at the end of the recording.
Still, Schmutte's recording was posted, in edited form, on various internet websites, with a photograph of plaintiff, and the caption: "he said he was 38. The decoy was 13." In the comments section of the posting, various individuals threatened violence against plaintiff. Plaintiff maintains that he never initiated a sexual encounter with or made any suggestive comments toward Jessie, and that he relied on Tinder's policy not to permit an individual under 18 years' old to connect with an individual over 18 years' old. Plaintiff further alleges that he has been humiliated by defendants' actions, suffered mental distress, and been financially burdened by efforts to minimize the effect of the incidents on his life.
