Divorce, my stepfather was recording my mother constantly without her knowledge she found the recording Velcro to the wall and listen to it after and found out that she was being recorded and he was not involve in the conversation.
It is likely the stepfather in this scenario violated Colorado and federal criminal laws that prohibit eavesdropping. It I also likely the stepfather's actions give rise to civil claims for eavesdropping and invasion of privacy. Take the evidence to your local police department or attorney general office so they may determine whether they should investigate the stepfather's conduct. If you want advice on whether you should pursue a civil action for damages, contact a Colorado attorney who has experience litigating common law invasion of privacy claims and civil claims brought under 18 U.S.C. §§ 2511, 2515, and 2520.See question
I may have been wrongfully fired regarding a protected act I was performing. I have had issues with management in the past. When I would bring up our conversations they would deny saying something. A friend said Colorado is a one party state when ...
Colorado is a one-party consent state. Colorado law requires only one party to a conversation to consent to the conversation's recording if the recording is made in Colorado and all parties to the conversation were in Colorado when the recording was made. See Colorado Revised Statutes §§ 18-9-303 and 304.
As long as you were a participant in the conversation and no intellectual property, protected private information, or corporate secrets were discussed or created during the conversation, you probably did not commit a crime when you surreptitiously recorded the conversation and left your former employer's offices with the recording.
But the admissibility of your recording as evidence in a court proceeding will depend on other factors, such as the rules of evidence and the court's rulings on objections the recorded party might make.
If you violated a confidentiality agreement or employee policy when you recorded the conversation, then your former employer might consider suing you in civil court for that violation. But you could have defenses, based on the common law or a statutory exemption.
A Colorado attorney can advise you on whether your former employer could have a viable civil claim against you for making the recording without your former employer's permission.See question
My ex continues to badmouth me in public, making false claims to anyone she speaks to, including potential future employers. The claims are false, since I have documentation to show the opposite is true of what she is saying. She is still bitter a...
If your ex is making false and derogatory statements about you to others, then you probably have viable claims for defamation and false light invasion of privacy. If she is telling many other people about your embarrassing secrets, then you might have a viable claim for the public disclosure of private facts. If you can prove any of her derogatory statements about you persuaded a potential employer that would have hired you not to hire you, then you probably have a viable claim for intentional interference or injurious falsehood.
There is a one-year statute of limitations for defamation claims and a two-year statute of limitations for privacy tort claims in Arizona.
Defamation and privacy law can be tricky. You should review Arizona's civil jury instructions for defamation and privacy torts to determine if you can prove defamation or privacy claims in Arizona and disprove the defenses to those claims. Links to those instructions are below.
Arizona Defamation Instructions: http://www.azbar.org/media/1032517/defamation2015.pdf
Arizona Privacy Torts Instructions: http://www.azbar.org/media/1454097/privacytorts2017.pdf
If you have evidence that can prove one of the claims described in the jury instructions above, you should schedule an appointment with an Arizona attorney who has experience handling defamation and privacy claims at the prelitigation stage and in Arizona's state courts. That attorney will be able to review your evidence, evaluate your legal claims, evaluate your ex’s defenses, help you estimate your damages, help you estimate your legal fees and costs, and advise you on which actions will most likely help you achieve your objectives cost-effectively.See question
My ex just hacked into my mobile phone account. He now has all my contacts etc. He did this once before and the phone carrier put on additional security on my phone account. Now he has done it again. He was having phone calls that I made to ce...
If your ex did what you allege, he violated state and federal criminal laws and committed intentional torts. If he used his employer's computer systems to engage in this conduct, his employer could be liable. Contact a privacy attorney who is licensed in Arizona and has experience litigating computer crime, computer fraud, eavesdropping, invasion of privacy, intentional infliction of emotional distress, negligent hiring, negligent supervision, wiretapping, and racketeering claims. An attorney who has that sort of experience can evaluate your evidence, determine which viable claims you have, and advise you on which actions to take. The attorney might be able to help you persuade a law enforcement agency to investigate your ex. Or the attorney can help you seek injunctive and compensatory relief in civil courts.See question
I work in a medical office and, a coworker entered my personal cell phone where she then proceeded to print out all my conversations on my messenger where I had messages between my family, friends and fellow coworkers needless to say things were s...
In addition to common law invasion of privacy claims, you could have claims for violations of federal criminal statutes that authorize people harmed by their violations to sue in civil courts. You should speak with an experienced privacy or cybercrime attorney in Arizona who can determine the relevant facts, explain the law, explain your legal options, and advise you on the best course of action. The attorney with whom you speak should address claims for intrusion, public disclosure, negligent supervision, respondent superior (aka vicarious liability), Stored Communications Act violations, and Computer Fraud and Abuse Act violations. The attorney should also discuss contacting a local local law enforcement agency to present your evidence that computer crimes were committed.See question
This person has now posted it on a website in a private forum on the website where only certain people have access. This person is now sending it and sharing it with people in that forum. Is there anything I can do about it and is this person brea...
If you're at least 18 years old, you didn't give the person your consent to publish the photo, the person who posted it is at least 18, and the person who posted it lives in Colorado, you should contact your local law enforcement agency and report the person's actions. The person probably violated Colorado's criminal revenge porn law (C.R.S. § 18-7-107).
Review the article below to learn more about the law.
You should also consider consulting with a Colorado attorney who has experience handling revenge porn, invasion of privacy, or defamation claims. That attorney should be able to help you explain your case and present your evidence to a local law enforcement agency. The attorney might also be able to draft and send a letter to the website explaining why it probably won't be shielded by Section 230 of the Communications Decency Act (47 U.S.C. § 230) if it refuses to permanently remove your photo. And the attorney might be able to write and send a persuasive demand letter to the person who published the photo explaining why that person will lose a civil lawsuit and be ordered to pay you at least $10,000 in damages plus your attorneys' fees if you sue the person for violating Colorado's revenge porn law and win.See question
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