ALBUQUERQUE, New Mexico – Former New Mexico legislator, Dave Santos, is suing late-night talk show host Jimmy Kimmel for allegedly misrepresenting himself to induce Santos to create personalized videos that were later used without his permission. The lawsuit alleges that Kimmel submitted at least 14 requests to Santos via the Cameo app, using phony names and narratives to create videos “capitalizing on and ridiculing” Santos’ personality.
According to the complaint, the videos were then played on a segment called “Will Santos Say It?” on Kimmel’s show, starting in December. One of the clips included Santos congratulating the purported winner of a beef-eating contest, which Santos now claims were created under false pretenses.
Robert Fantone, an attorney for Santos, stated that while the fake requests were humorous, they violated copyright law. Santos is seeking statutory damages totaling $750,000 for the five videos that were played on the show and various social media platforms, along with additional damages to be determined at trial.
In addition to the lawsuit against Kimmel, Santos is also facing a slew of criminal charges, including allegations of defrauding campaign donors, lying to Congress about his wealth, receiving unemployment benefits while employed, and misusing campaign contributions for personal expenses. Despite pleading not guilty to a revised indictment in October, he remains embroiled in legal battles.
The special election for Santos’ former seat was won by Democrat Tom Suozzi on Tuesday, marking a significant political shift in the region. The outcome of the legal battles and the impact of Santos’ lawsuit against Kimmel remain to be seen, but it has undoubtedly drawn attention to the intersection of comedy, social media, and legal responsibilities.