M.P. v. Guiribitey Cosmetic & Beauty Institute, Inc.
A cosmetic surgery patient who found nude images of herself posted on Instagram sued for commercial appropriation, breach of fiduciary duty, and invasion of privacy; the trial court compelled arbitration and dismissed. The Third DCA affirmed the order compelling arbitration duduress/unconscionability defenses failed and the tort claims had a contractual nexus to the broad clause ebut reversed the dismissal, holding that section 682.03(7) requires a stay rather than dismissal.
Key facts
- A cosmetic surgery patient discovered nude images of herself posted on the defendant institute's Instagram account and sued for commercial appropriation, breach of fiduciary duty, and invasion of privacy.
- The trial court compelled arbitration of the claims and dismissed the case; the patient appealed challenging the arbitration agreement as procedurally and substantively unconscionable and claiming duress.
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Why it matters
Useful for defense counsel enforcing consumer/medical arbitration clauses: it confirms that adhesion, eve-of-procedure timing, and a one-sided collections carve-out are insufficient to defeat enforcement absent more. It… — full analysis with a trial
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