Probably. See C.R.S. § 18-3-207 and 18 U.S.C. § 875.See question
A person baited us into a situation, made a video recording without our knowledge and then cut the video so that the things that made him look bad were deleted out and put it on youtube. What can we do?
There is too little information here to give you a very good answer.
Assuming you did not sign a release, you could have viable claims for defamation, fraud, invasion of privacy by the misappropriation of your likeness, negligent misrepresentation, or right of publicity infringement for the unauthorized manipulation and publication of the misleading video. You might also have claims related to the unauthorized recording of the video if the person who made it was not in the room with you when the recording was made and the people in the room where the recording was made reasonably believed their conversation was private.
If you have suffered substantial economic harm, reputational damage, or emotional distress, contact a Colorado attorney who has experience litigating invasion of privacy claims. He or she should be able to explain the relevant law, help you estimate your damages, explain your legal options, and tell you how much it would cost to hire an attorney to help you.See question
What can i do about all of this it was a so called friend who's wife posted me allover
REPORT THE CRIME
Unless you gave your consent to have the video and pictures published, this is revenge porn, which is a crime in Arizona. Contact your local law enforcement agency and report that the person who published the video and pictures violated A.R.S. § 13-1425 "Unlawful distribution of images." Provide the law enforcement agency as much evidence as you can when you make your report.
CONTACT AN ARIZONA PRIVACY LAWYER FOR GUIDANCE ON YOUR CIVIL CLAIMS
You could have viable civil claims for intentional infliction of emotional distress and invasion of privacy by the public disclosure of private facts against the person who published the video and pictures. If the person who published the video and pictures also published derogatory written statements about you, you could have viable claims for false light invasion of privacy or defamation. If the person who published the pictures threatened to publish them before publishing them, you could have other claims related to extortion.
Contact an Arizona attorney who has experience litigating invasion of privacy claims. After asking you a few questions about the person who published the video and pictures and the things that happened before and after they were published, an experienced privacy attorney should be able to explain the relevant law, help you estimate your damages, explain your legal options, and tell you how much it would cost to hire an attorney to help you.See question
My competitor , who once represented this property , has been telling the world , literally , that we are closed . She has an unauthorized website up leading inquires to her email . She has contacted vendors & told them to remove our listing & th...
If the competitor, who used to be an agent for the property, engaged in all of the above-described misconduct, your business could have viable breach of fiduciary duty, defamation, injurious falsehood (aka trade libel of business disparagement), intentional interference, or Section 43(a) Lanham Act violation claims against the competitor. The Lanham Act is a federal law. If you were to bring a lawsuit based on the Lanham Act, you could sue the competitor in the United States District Court for the District of Arizona. If your business has suffered enough economic harm to justify paying a skilled attorney to help it obtain compensation for the damages the competitor caused, you should schedule an appointment with an Arizona defamation attorney as soon as possible. At least one of the claims that could entitle your business to relief has a one-year statute of limitations.See question
Broke up four months ago. Did not know she knew my log in information and recently reviewed my security information and saw her devices have logged in multiple times. And I have heard from friends she is spreading false information and slander bas...
Change your email account password if you haven't done so.
COMPUTER CRIME (Criminal)
Contact your email service provider to obtain a copy of its logs for all of your email account's recent activity. If the account your ex-girlfriend accessed without your authorization is your Gmail account, save a copy of Google's activity information for your account. You may learn more about how to do this by visiting the following webpage:
If you can afford it, hire an Internet forensics expert to make a copy of your email account's activity log. If you later decide to take legal action against your ex-girlfriend, it might be easier for you to use your account activity log evidence in civil court if an Internet forensics expert preserved the information for you.
Once you have evidence that your ex-girlfriend hacked your email account, contact a local law enforcement agency to report the crime and request an investigation.
If your ex-girlfriend logged into your email account without your authorization, then she could have violated Colorado's computer crime statute, C.R.S. § 18-5.5-102. If she accessed your email account's content by accessing information saved on your email provider's servers or facilities without your authorization, then she could have violated the Stored Communications Act, 18 U.S.C. § 2701.
INVASION OF PRIVACY (Civil)
If your ex-girlfriend (a) accessed your private information by accessing your email account without your consent or (b) disclosed your private information to others without your consent, her conduct could have given rise to viable invasion of privacy claims. If you want to take steps to make your ex-girlfriend stop invading your privacy, or you suffered substantial harm as a direct result of her invasions of your privacy, you should schedule a consultation with a Colorado privacy attorney.
In Colorado, "[a] statement is defamatory of a person if it tends to harm the person's reputation by lowering the person in the estimation of at least a substantial and respectable minority of the community." Colorado Jury Instructions for Civil Jury Trial 22:8. If your ex-girlfriend made defamatory statements about you to others, then her conduct could have given rise to defamation claims. If you want to take steps to make your ex-girlfriend stop defaming you, or you suffered substantial harm as a direct result of her defamatory statements, you should schedule a consultation with a Colorado defamation attorney.See question
I am unhappy with a business/person. To be perfectly honest with you "I GOT SCREWED" Moreover, there is nothing I can do about it. I was thinking of having a wrap (it's like paint job) put on my truck. I have already checked on the wrap,...
BEFORE YOU BUY THE WRAP, CONSIDER OTHER REASONABLE COURSES OF ACTION
If the business person violated your legal rights and those violations cost you money, give the business or person an opportunity to make it right. Ask for a refund or a discount.
If you already asked and your request was denied, consider filing a civil lawsuit against the business or person to recover your damages. If you file the lawsuit in small claims court, the legal costs you will incur will probably be less than the cost of buying the wrap. This approach will give the business or person a fair chance to tell their side of the story and will give a neutral judge a chance to decide whether the business or person owes you money.
You could also file a complaint with the Arizona Attorney General Consumer Protection Office (https://www.azag.gov/consumer/home) if you believe a business defrauded you or engaged in deceptive business practices. If your goal is to protect the public, filing a complaint with the Attorney General is probably the best thing you could do.
DEFAMATORY OPINION VERSUS FACT
If the options I described above do not seem reasonable to you and you are convinced the most reasonable thing to do is to purchase a wrap that states "[Business or Person] screwed me" and drive around town with it on your truck, before you buy the wrap, check to make sure your automobile insurance policy, homeowner’s insurance policy, or renter’s insurance policy will cover your defense costs if you are sued.
Driving around with that wrap on your truck will expose you to defamation and injurious falsehood (aka trade libel or business disparagement) claims. You might also expose yourself to false light invasion of privacy, intentional interference with economic prospects, or intentional infliction of emotional distress claims.
The statement "[Business or Person] screwed me" is not necessarily an opinion because it could entail an assertion of fact. Reasonable people could interpret the statement to mean that [Business or Person] cheated you, stole from you, deceived you, or defrauded you. Those are statements that may be proved true or false. So the statement "[Business or Person] screwed me" could give rise to actionable defamation and injurious falsehood claims.
If you were sued for driving around with the wrap on your truck, you could argue the statement was your constitutionally-protected opinion. But a good defamation lawyer would be able to explain why that statement is capable of being proved true or false and is therefore not an opinion. A good judge who wanted to properly apply Arizona law would let a jury decide. Such a ruling would allow the person or business who sued you to proceed towards a jury trial.
Read Arizona’s Defamation Jury Instructions, paying close attention to Defamation 4C “Fact versus Opinion,” before you decide whether to buy the wrap and drive it around town. You may download a copy of the instructions at the following web address:
I have sent some personal emails to a company email address a person regarding a personal situation that we are both involved . They in turn have forwarded these emails from their work email address to external third parties, editing the emails, i...
Unless the person who forwarded the emails unambiguously told you beforehand that he would treat all your private email communications as if they were confidential, you probably do not have a viable claim arising merely from his disclosure of unedited emails to others without your consent. If he did make a promise to keep your emails confidential and you relied on that promise, then you could have viable claims for BREACH OF CONFIDENTIALITY.
You could have viable claims for INVASION OF PRIVACY BY APPROPRIATION arising from the emails he had edited before he disclosed them to third parties. If he edited the emails so that they appeared to be unedited to their readers and the edited versions conveyed very different meanings than the originals, then it is more likely you have a viable invasion of privacy by appropriation claim.
You could have viable claims for DEFAMATION if he wrote false and derogatory statements about you and sent them to others or if he edited your emails so as to transform their meaning. If the false statements or implications he published about you to third parties concerned your business or profession, you could also have viable claims for INJURIOUS FALSEHOOD (aka trade libel or business disparagement).
If he owns or works for a company that competes against a company you own, and he published false and derogatory statements about your company to potential clients or costumers so those potential clients or customers would use his company instead of yours, you could have viable claims for violations of the COLORADO CONSUMER PROTECTION ACT or the LANHAM ACT.
If he blackmailed or extorted you before he sent the emails and he sent the emails to pressure you into giving him something of value, having sex with him, or doing something you had no legal obligation to do, then you might have viable claims for violations of the COLORADO ORGANIZED CRIME CONTROL ACT.
You could have a viable claim for INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. Reasonable people would have to consider his conduct extreme and outrageous for you to have a viable intentional infliction of emotional distress claim.
If one of the purposes of his sending the statements to others was to get you fired or prevent people from conducting business with you and you lost income, profits, or business opportunities as a result, you could have a viable claim for INTENTIONAL INTERFERENCE with contracts or economic prospects. If his company prohibits using its company information systems for personal use, his willful violation of that policy to cause you reputational or economic harm could be evidence to support an intentional interference with contracts or economic prospects. If his company knew he was sending defamatory emails about you using its information systems, you could have a viable NEGLIGENT SUPERVISION claim against the company.
Anyone who helped or encouraged him to engage in the misconduct you described might be at risk of being held liable for AIDING AND ABETTING his tortious conduct.
You will need to consult with a lawyer to get a complete analysis of your potential claims. The attorney should be able to explain all the defenses the person who did this to you could assert if you filed a lawsuit against him and explain how your evidence would or would not enable you to defeat those defenses. The attorney should also be able to explain all your pre-litigation and litigation options and advise you on which actions, if any, you should take.
Good Afternoon, My concern is related to a reverend's actions. He secretly recorded the conversation of a dance group that was rehearsing in the building annexed to the church. (He wanted to find out how people think and talk about him and his ...
The dance rehearsal was probably not a public event.
If the dance rehearsal took place on private church property and the general public was not invited or allowed to attend it, it was probably not a public event. If the people who attended the rehearsal believed their conversations were private and had reasonable expectations of privacy while they were talking with one another on church property, then the reverend could have violated the Federal Wiretap Act (18 U.S.C. § 2511) and the Arizona Wiretap Act (A.R.S. § 13-3005). If the reverend violated the either act by recording the group's conversation without the knowledge or permission of any of the group's members, then the reverend could be held civilly liable to each member of the group. If found liable, the reverend could be ordered to pay at least $10,000 in statutory damages to each member of the group who was secretly recorded. See 18 U.S.C. § 2520 and A.R.S. § 12-731.
Any member of the group whose voice was recorded without permission or knowledge that wants to take legal action against the reverend should schedule a consultation with a privacy attorney who had experience litigating civil wiretap claims. It would also be helpful if that attorney has experience litigating matters for or against churches or their ministerial leaders. Churches and ministerial leaders can assert special First Amendment privileges if church members bring actions against them.See question
Is it possible to sue my, soon to be, ex wife's lawyer if he slandered me on the record during the final orders hearing of my divorce? He did it twice when he lost his temper while arguing with the judge. Should be easy to prove with court transcr...
In Buckhannon v. U.S. West Communications. Inc., 928 P.2d 1331 (Colo. App. 1996), the Colorado Court of Appeals held that statements made by an attorney in the course of litigation are absolutely privileged. You may read the case at the following Google Scholar web page:
Can a business sue me for an online review my roommate wrote about the company? I hired a general contractor who was a nightmare to work with. I fired him and my roommate wrote about HIS experience. The business owner threatened to sue ME for defa...
Your roommate and you should schedule a consultation with an Arizona attorney who has experience litigating Internet defamation, injurious falsehood, false light invasion of privacy, and intentional interference cases in Arizona's state and federal courts. An experienced defamation lawyer will need to learn few more facts to analyze your risks accurately. If you cannot afford to pay a defamation attorney for a consultation, you should read Arizona's civil jury instructions for defamation trials. You can view the instructions at the following website:
In Arizona, a statement can be defamatory whether or not it is true. Arizona's civil jury instruction for the definition of a defamatory statement states:
"A statement is defamatory if it tends to bring [Name of Plaintiff] into disrepute, contempt or ridicule, or to impeach [Name of Plaintiff]’s honesty, integrity, virtue, or reputation. The defamatory nature of the statement is determined by the natural and probable effect a reading of the entire [statement, publication, or broadcast] in context would have on the mind of the average [reader or hearer]." RAJI (CIVIL) 5th Defamation 2.
Some defamation claims do not require the plaintiff to prove the defamatory statement was false. They instead require the defendant to assert the truth defense and prove the statement was true to defeat the defamation claim. See Use Note for RAJI (CIVIL) 5th Defamation 1B; see also RAJI (CIVIL) 5th Defamation 3 and 4B.
For reasons Mr. L. McDowell wrote about in his answer to your question, the business owner could have legal grounds to hold both you and your roommate liable for defamation, injurious falsehood (aka trade libel or business disparagement), false light invasion of privacy, or intentional interference. If there is evidence you helped or encouraged your roommate to write the defamatory review, the business owner could rely on the aiding and abetting or conspiracy theories to hold both you and your roommate liable for the harm the defamatory review caused.
If you owned the computer or paid for the Internet access service through which your roommate published the defamation, and you knew your roommate would use those resources to publish the defamatory review, those facts could give rise to a negligence claim against you.
If publishing the review violated the terms of service for the website through which the review was published, the business owner could rely on evidence of that violation to help prove an intentional interference claim without having to prove a defamation, injurious falsehood, or false light invasion of privacy claim.
Whether the substantial truth defense could protect you and your roommate against liability will depend on how reasonable people could interpret the meaning of what your roommate wrote and whether any reasonable interpretation of what your roommate wrote could be interpreted as a provably false and defamatory statement. See RAJI (CIVIL) 5th Defamation 4C.
Depending on which website your roommate published the defamatory review, the value of the business owner's damages could range from a few thousand dollars to at least hundreds of thousands. The clean-up costs for Internet defamation could be monstrous if the defamation was published
(1) on a website whose content is routinely republished by third parties,
(2) on a website that does not allow its users to delete their defamatory reviews, or
(3) on a social media website that allows its users to easily like or republish other users' statements.