Use of my photo and childs photo along with my name in marketing campaign without consent

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Use of my photo and childs photo along with my name in marketing campaign without consent

Hi. We had a photo session by the bank when purchasing our first home 4 yrs ago with the thought that it would be used only in their annual letter. No written consent was ever given. About a year later we received a call asking if they could use our photo, along with our daughters in a marketing campaign and we never called back, no verbal or written consent ever given. Shortly after our pictures and one adult name, full name, was on their website, on posters at their multiple banks and even spotted on a bus What are our rights and next steps forward? many thanks.

Asked on August 25, 2016 under Personal Injury, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Under the circumstances, you could file a lawsuit for invasion of privacy for the appropriation of yours and your son's likenesses for commercial purposes without your knowledge and consent. The amount you can seek to recover, your "damages" would be general damages. These can include mental distress, physical illness or harm to your business or social interests. These items would depend on your particular situation as to whether or not they are applicable. In addition, you could also seek punitive damages which can be substantial when there is wrongful motive on the part of the defendant, since these damages are to punish intentional and malicious acts.  

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the bank for invasion of privacy.  Invasion of privacy is the use of your name or likeness for commercial purposes without your consent.
Your damages (monetary compensation you are seeking in your lawsuit) may include compensation for emotional distress.  You can also seek punitive damages, which are a substantial amount to punish the intentional, wrongful acts of the bank.


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