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What is the statute of limitations for posting electronic communication without consent?

Brockton, MA |

I was recorded on chatroulette without my consent or knowledge in 2010. I was told of this at the end of our conversation. I have not yet found the video, but I am wondering if it appears years down the line if I can take legal recourse. The video has me cursing and might shine a bad light on me if discovered.

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Attorney answers 1


Generally the statute of limitations is years for a civil action based on a violation of the federal wiretapping statute and I believe it is the same for MA. The statute of limitations, or when the clock starts ticking on the two years within which you have to file such an action, is when you knew or reasonably should have known of the violation. If you knew in 2010 it may be too late but there are many exceptions to the statute of limitations that toll the statute of limitations or stop the clock from running. There are also criminal penalties for such violations. You should discuss this further with an attorney if you want to pursue either civil or criminal action. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Emma A. Kremer

Emma A. Kremer


I should also add that the federal and MA wiretapping statutes vary slightly.

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