Analysis and Commentary on Consumer Law

Will Insurers Begin to Use Social Media Postings to Calculate Premiums? A Look at Some Startling Trends and the Possible Consequences for Consumers

Justia columnist and U. Washington law professor Anita Ramasastry comments on the potential uses of social networking information in the insurance industry. She notes that if, for instance, a person’s Facebook photos contradict information that the person has told his or her insurer, trouble may result. Ramasastry gives examples such as a claimed non-drinker whose Facebook photos reveal heavy drinking, or a claimed non-smoker who is pictured on Facebook smoking. She notes that when fraud is already suspected by an insurance company, some companies consider it fair game to then check the insured’s social media. Moreover, Ramasastry reports that the next wave of the use of social media in the insurance sector may well involve underwriters, who may begin using such media to create risk profiles of potential insureds. She describes Deloitte’s approach, and explains why using social media is a logical next step for underwriters, who already access massive stores of data regarding potential insureds. Ramasastry also notes some of the risks of these developments—such as an insurer’s taking inferences from a social media profile that are not accurate (say, due to a mistagged photo), or that cannot be fairly generalized (such as a photo of a teetotaler taking a single sip of a drink to be polite).

A Patient Sues His Dentist Over a Contractual Ban on His Posting Negative Online Reviews of Her Work: Why His Class Action Appears to Have Merit

Justia columnist and U. Washington law professor Anita Ramasastry comments on the recent controversy over doctors (and other healthcare providers) who require their patients to sign contracts stating that they will not post reviews of the doctor (or other healthcare provider) on review-and-rating websites, such as Yelp.com and the like. In addition, Ramasastry explains, a clause contained in the contracts at issue purports to transfer the patients’ copyright in any such reviews to the doctor—presumably so that the doctor can have such reviews quickly and directly taken down after they are posted. Ramasastry describes the class action lawsuit that is pending with respect to such contracts, and the allegations of a plaintiff in the suit. She also explains other kinds of challenges to this type of contract that are being made in other venues, and describes several useful websites that seek to inform patients of their rights and options when they are required by their doctor or other health-care provider to sign such a contract.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more