The Discovery

In 2017, JM (whom does not wish to be named for the purposes of this case report) successfully completed a weight loss programme with a company known typically as Alevere. Alevere, asked JM if they could use her ‘before and after’ photographs on buses in order to promote their business given her incredible results. Only too happy, JM agreed to this but restricted her consent for her imagery to be used on buses and only for a specified amount of time.

Thinking no more of the same, JM was only too shocked when she was contacted by friends that they had seen her imagery recently plastered all over Alevere’s weekly social media campaign as well as in-flight magazines and the London Underground. Further, JM’s imagery was also used upon billboards to promote partner companies to Alevere too. This sharing of JM’s imagery was not only outside the provided consent but was all over the world for a considerable amount of time.

Upon notification of this, JM lodged a complaint with Alevere on their Instagram page. In response to the same, Alevere stated ‘We are always proud to show off the progress our client’s make but in hindsight, we should have sought proper permission. We are sorry for any distress caused and have removed your image from all social media platforms. Alevere Therapy’. Despite this confirmation that Alevere would remove the said imagery, they have did not do so.

Representation

As such, JM found our specialist firm and Mr Matthew McConville (who is the Head of our Department) offered no win no fee terms to JM without any hesitation as he agreed that JM’s imagery was used outside of it agreed purpose for an extended period of time. This use was particularly distressing for JM as she no longer looks like the ‘after’ photograph as she has since had children and the imagery was a few years ago.

Mr McConville then presented a Letter of Claim on behalf of JM to Alevere and alleged that they had breached the Data Protection Act 2018 / General Data Protection Regulations 2018, had infringed JM’s Human Rights, had breached confidence and also misused private information. Upon receipt of this Letter of Claim, Alevere very surprisingly denied liability but insisted that they were open to settlement discussions.

Resolution

Following this, JM and Alevere eventually agreed on a global settlement deal in the sum of £17,500.00 in respect of compensation and legal costs. As Alevere suggested that they were unable to pay the same in one go, JM agreed to this sum being paid in ten monthly instalments. However, on the date when the first instalment was due, Alevere failed to pay JM what was agreed.

As such, Mr McConville commenced proceedings against Alevere and since, the Court has awarded Judgment to JM and has required Alevere to pay the full outstanding amount in one payment rather than the agreed instalments. Alevere were also ordered to pay additional legal costs given their failure to adhere to an installment plan that they insisted upon.