Someone is impersonating my underage child online & set up an Instagram acct using her name and a photo from her school yearbook

Asked about 1 year ago - Grapevine, TX

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.

Attorney answers (3)

  1. David Martin Lodholz

    Contributor Level 6

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    Answered . 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.

  2. Andrew Mark Jaffe

    Pro

    Contributor Level 17

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    Best Answer
    chosen by asker

    Answered . 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
    attorneyjaffe@aol.com
    330-666-5026 www.netlaws.us

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more
  3. Benjamin Robert Peppard

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I agree with my colleagues. And I'm sure an attorney in your area would be glad to help.

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