Texas penal code 33.07 Online Impersonation makes it a felony to set up an account using someone elses infromation in Texas. Can we pursue the person if we retain an attorney. Instagram has not removed the info per my request and the local police were reluctant to file a report. What kind of attorney would I retain. Thank you.
I am surprised Instagram did not accept your request. You might wish to hire a lawyer to write them a letter.
You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo, including myself, offer a free phone consultation.
Andrew M. Jaffe
Attorney at Law
Practice Limited to E-Commerce and Internet Law
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
Texas recognizes three types of invasion of privacy: (1) intrusion upon seclusion or solitude or into private affairs; (2) public disclosure of embarrassing private facts; and, (3) wrongful appropriation of a name or likeness. For the third type, the tort is generally brought related to some commercial appropriation. In addition, there may be a claim for copyright infringement if the photograph was copied without permission, although without more information, the photograph may belong to the yearbook or photographer, not the child (or his/her parents) and that will depend on releases and other documents exchanged by you, the school, the yearbook company and the photographer. You will likely need to consult an attorney to review your specific facts and pursue the best cause of action. Finding a privacy attorney in your area is probably the best place to start.