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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89113
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a fraud in my account, somebody using my first name

Customer Question

I have a fraud in my account, somebody using my first name and last name and putting pictures that it does not beloiding to me also they are using advertisement in athetic advertisement , please can you solve this issue roight a way, even I have to contact execitives and ceo to solve this matter, can you provide me with the CEO phone number , I have to resoplve this issue asp .
Thanks
Faiza Saidi
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



By using your image without your permission, they have committed an unlawful act.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence, theft, nuisance, and defemation.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation.



While the matter is pending, the attorney can ask for a temporary injunction to have every image removed until the matter is resolved. Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial).



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”























Customer: replied 5 years ago.

I am not satisfied with the answer , you have to provide me with facebook executives that I can contact them directly because I try to connect with the support phone and no body answer , I need real executives phones in facebook that I can complain to them .

because your answer is not satisfied , if you do not provide me with real phones executive in facebook , I am not satisfied and your answer as you said if you are not satified , your deposit is gurantee and it is refunded back then YOu can not charge me becuase I am not satisfied and my money is refundedback as you said in the answer site

Expert:  Ely replied 5 years ago.
I understand. I'll opt out and let another attorney handle this matter. You have NOT been charged for this conversation. I apologize for the inconvenience and good luck.

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Ely
Ely
Counselor at Law
20654 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.