TikToker abusing job interview app for laughs, Indeed says
2021 DPDBRF 0083
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By John Fitzgerald
WESTLAW Data Privacy Daily Briefing
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April 27, 2021
(April 27, 2021) - Worldwide job search engine Indeed Inc. has filed a lawsuit accusing a social media personality of using the company's interview app to generate silly content, angering unsuspecting employers and violating multiple laws.
In a complaint filed April 23 in the U.S. District Court for the Western District of Texas, Indeed alleges TikTok, YouTube and Instagram user Asif Khan and his company, Too Apree LLC, are unlawfully using Indeed's app to generate content for his social media presence.
Khan and his company post videos on social media in which he acts disrespectfully — brushing his teeth or mumbling incoherently — while in a video job interview with hiring managers who are not in on the joke.
Some of these hijinks rely on Indeed's online interview app, the suit says, which violates the company's terms of service.
Suit: 'Rude behaviors' violate terms of service
To use Indeed's online interview app, job seekers must provide their name, email address and phone number before they "RSVP" for a meeting. By clicking on the RSVP button, they agree to Indeed's terms of service, the suit says.
The terms of service prohibit impersonating another person, interfering with another Indeed user's enjoyment of the site, creating multiple Indeed accounts without permission and providing false information, according to the suit.
Indeed said it first became aware of Khan's antics in September 2020 when a user reported that Khan appeared in an interview "shirtless and acting inappropriately," the suit says.
Indeed says it found that Khan was signing up for multiple hiring events using fake names, email addresses and phone numbers. The company then discovered Khan was posting these fake interviews on his TikTok, Instagram and YouTube channels, the suit says. Indeed claims at least 90 of the fake interviews have been posted on Khan's TikTok page, and the fake interviews he has conducted using Indeed's platform number into the hundreds.
"Indeed's employers have become increasingly vocal in their complaints about Khan's behavior in these fake interviews — describing Khan's behavior as unprofessional, rude and disruptive," the suit says. "Several asked him to be removed or blocked … and others felt it was unfair to have their employees subjected to Khan's offensive, embarrassing and rude behaviors."
Indeed accuses Khan and Too Apree of breach of contract, fraud and violations of the Computer Fraud and Abuse Act, 18 U.S.C.A. § 1030, as well as Texas' Harmful Access by Computer Act. Tex. Civ. Prac. & Rem. Code § 143.001.
The company seeks an order declaring that Khan violated its terms of service. It is also suing for damages, attorney fees and costs.