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The lawsuit claimed that as a result Silva "developed severe pain in her wrists and forearms", and has been unable to work since 2011. The company claimed that Silva had been photographed jet-skiing, an activity that was unlikely for someone who had suffered serious injury to the hands and forearms.

Ashley Madison later alleged further that Silva had kept confidential documents and sought to retrieve them.

She had previously released an analysis purporting to show that only a minuscule proportion (12,000 out of 5.5 million) registered female accounts were used on a regular basis, Newitz noted a clause in the terms of service which states that some accounts are for amusement purposes only.

She says Ashley Madison does not go so far as to say they are fake, but "does admit that many profiles are for 'amusement only' ".

The data disclosures in 2015 revealed that this "permanent deletion" feature did not permanently delete anything, and all data was recoverable.