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I am considering creating a website and interactive forum for survivors of abuse and assault. Both are "considered anonymous" as the potential member is cautioned about risks of revealing personal information. Additionally, both will be granting minors access with the permission of their parent(s) / guardian(s). In the even that a member is under the age of 13, due to the Children's Online Privacy Protection Act, we anticipate having printable forms available online and in those requesting a contact number for the parent(s) and a credit card number to verify that the signing parent / guardian. Should I be seeking for representation and if so due to what conditions? Tom
Already Tried: I anticipate that if there was to be actions taken against the website then the state which the claimant resides would be the applicable venue for any court actions. The website is hosted in Arizona, while the owners reside in California. Thank you in advance, Tom
First, I would advise against allowing anyone under 18 on the site, because of the legal implications of getting the posts seized and being served with subpoenas for information if and when a case is made against the perpetrator on that poster. As far as any suits against you as a site, the venue would be in the location where the owners of the site are, not where the poster is located. If they try to sue your site in any other venue you would move for dismissal based upon lack of presonal jurisdiction. I would certainly have an attorney associated with the site to respond to any subpoenas for site records or information because trust me they will be coming in.The problem is that with allowing minors in with "consent of their parent" is that you never know if the parent actually gave consent or they swiped the credit card or something like that. By making them certify they are 18, you avoid those issues and can also avoid having to respond to subpoenas in criminal cases.
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