My ex-boyfriend posted nude photos of me on instagram and refuses to take them down. every time i report a photo he reposts it. I read an article stating that it is illegal in the state of California to post nude photos of someone without their consent. The only problem is, he resides in florida and I live in California. What kind of action can I take to get this all to go away?
You will need to look at Florida invasion ofnprivacy laws to see ifntherenisma cause ofnaction youncan bring in his home state to obtain a cease and desist order. You need to confer with a FL civil litigator. I recommend you speak with Alan Kluger at Kluger Katzen or Jonathan Etra at Broad and Cassel some advice and direction.
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Have a Florida lawyer send your ex a cease and desist letter. See if that gets his attention. A California lawyer's letter will probably not have the desire effect because he'll know that lawyer can't practice law/sue him in Florida. Hope that gets his attention because to sue him, to you would have to file and litigate the suit in the county where he resides. It will be expensive, especially because you'll have an uphill battle evidentiary wise--the problem is that you voluntarily posed for them and he had it in his possession with your consent. Yes, you can sue, but it's your word against his--he's going to say he had permission and you are now raising a stink because you're broken up. Also, you'll have to show the court with evidence that you suffered economic damages if you want money from him (so if you want anything other than the photos taken down). If he has text with the photos, or tries to make money off the photos, you'll have a stronger case for a lawsuit.
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Personal Injury Lawyer
Either contact Instagram yourself and see what their response is or contact a Florida attorney.
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Personal Injury Lawyer
The courts have mostly held that this is a First Amendment Free Speech issue, and the case law is still evolving. It's unlikely that there will be any resolution of this issue any time soon.
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