Someone intrudes on your solitude. When someone intercepts your communications or spies on you in your own home, then you probably have a legal claim. Your name or likeness is appropriated. When someone uses your name or likeness without your permission, then you can claim invasion of privacy. For example, if someone impersonates you in order to gain confidential information, then you may have a claim. Someone publicly discloses private facts. Where sensitive private information like your sexual orientation, financial difficulties, or medical history is publicly revealed, then you could claim a violation. You are represented in a false light. If information is published about you that is misleading and highly offensive, then you can claim a violation of privacy. For example, if a newspaper claims that you are pregnant when you are not, then you can possibly get money damages as compensation.
If someone has published private information or appropriated your likeness, the note where the information is published and when it has appeared publicly. Also try to get physical copies of the publication. Save newspapers and magazine articles and print off anything that appears on the web. Also keep track of the dates on which the offending information has appeared online.
If possible, try to get personal contact information (like a personal phone or email) instead of business contact information. People regularly leave jobs. It might be a year or two before you need someone to testify on your behalf.
Mental stress caused by the invasion Medical expenses Economic harms caused by the public disclosure of private information (e. g. , lost job opportunities or contracts) Disgorgement of any profits the defendant has made by invading your privacy Punitive damages to punish malicious intrusions on your privacy
Even if you are not obligated to send the letter, it is helpful to do so. By putting the defendant on notice, he or she can’t later claim to have innocently violated your privacy unknowingly.
Set up the letter as you would a business letter. [6] X Research source See Write a Business Letter for more information. In the first paragraph, explain the law. For example, if you are demanding that a landlord not come into your apartment without giving written notice, then explain the law: “State law requires that landlords give tenants 48 hours’ notice before entering the property, or 24 hours’ notice if showing the property to a prospective new tenant. The written notice must specify the exact date and time for entry. ” In the next paragraph, list the dates your privacy was violated. “You entered my property on the following dates: [list the dates]. ” Conclude by threatening to bring legal action. “Under the law, I am entitled to sue for invasion of privacy. Please do not enter my unit in the future without permission. ”
Staple the signed return receipt to your copy of the letter so that you will be sure not to lose it.
Many companies sell No Trespassing signs on the Internet. You can also get them from a local hardware store.
Look to see what has been made public on your Facebook, Instagram, Pinterest, and other accounts. You should make your accounts private if you want to protect your information on those websites. Also read the terms of service for each social network that you use. Some of these state that other people can share or appropriate your images. If so, then you will not have a strong invasion of privacy claim.
To find your state law, you can visit your nearest law library, which should be housed at the courthouse. To find a lawyer, you should visit your state bar association’s website, which should have information on how to find a lawyer. Many bar associations also run referral programs. You shouldn’t delay. States have statutes of limitations which require you to bring an invasion of privacy lawsuit within a certain amount of time. For example, in California you have two years to bring an intrusion upon seclusion claim. [8] X Research source In Florida, by contrast, you have four years to bring an intrusion upon seclusion claim. [9] X Research source To find the applicable statute of limitations for your claim, ask an attorney.
If no form is available, then search the Internet for samples that you could use. You might also use a CD or book of legal forms. See Format a Legal Pleading for information on the format and style of your complaint.
You will probably have to pay a filing fee, which will vary by court. If you can’t afford the filing fee, then ask the court clerk for a fee waiver form and fill it out. [10] X Research source
By first class mail. In some courts you can give the clerk money so that the clerk can mail the summons and complaint to the defendant. Personal service by sheriff or process server. For a fee, you can usually hire either the sheriff or a private process server to make personal delivery on the defendant. Prices will vary, but you can expect to pay $45-75 per service. [11] X Research source Personal service by someone 18 or older. This person cannot be a party to the lawsuit. Other methods. Ask the court clerk for which methods are appropriate.
