How can I file a lawsuit against a website that just posted a profile and photo of me on-line without my consent?

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How can I file a lawsuit against a website that just posted a profile and photo of me on-line without my consent?

It has affected me emotionally and mentally. This website got the picture from my old social networking site account (even though it’s set on private). I want to ask them to delete the whole page of me. They said they have removed the offending content but until now I can see my photo on cached search. How can they just get random people and put it on their website and ask if they are jerk?

Asked on November 11, 2011 under Personal Injury, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you have a factual and legal basis for filing a lawsuit against the company that owns the website that has an offensive post about you is best determined after consulting with a personal injury attorney

Many businesses that own such websites take the position that they are simply transmitting information submitted by others as part of their first amendment right of freedom of speech. Such freedom of speech right is typically asserted as an affirmative defense to the type of lawsuit that you want to file.

I suggest writing the business that depicts you a letter requesting that you be eliminated as soon as possible from it as a start before you consult with the suggested personal injury attorney.


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