How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

I was chatting privately with a person and asked her to keep

Customer Question

I was chatting privately with a person and asked her to keep it private to which she agreed. However, now she is sending our chat away to our friends. Can I sue her for this?





















youtube mp3, limewire
Submitted: 2 years ago.
Category: Legal
Expert:  Dave Kennett replied 2 years ago.

Dear JACUSTOMER - Unless you have a written confidentiality agreement you have no basis to sue. There is no legal contract in a promise since there is no consideration and unless this person in your doctor or lawyer there is no legal duty to keep anything a secret. If she makes any false statements you can sue her for slander or libel but if what she says is true you have no basis to sue because of some promise to keep things a secret.

Customer: replied 2 years ago.
isn't what she is doing an invasion of privacy?
Customer: replied 2 years ago.
Relist: Other.
























utorrent, limewire
Expert:  Zachary replied 2 years ago.
Hi,

The first legal expert who answered your question is correct. In order to sue, you need a legal basis on which to base your suit. When you are on the internet in a "private" chat with someone, unless they are contractually bound to not disclose what you are telling them, then your privacy has not been invaded. To prove invasion of privacy, you have to be able to show that the person who is disclosing personal information did something wrong, like breach a contract, or obtain the information through fraud. In your situation, you were not in a contractual relationship (unless you paid the person to be in the private chat with them). Unless there is some indication of fraud (in which case you would need to show an intention to deceive another in order to intentionally cause legal injury), then your privacy has not been invaded. When we are talking about someone publishing something that you told them in private, the fact that you voluntarily disclosed the information will generally prevent you from asserting these types of claims.

Please let me know if you need clarification on this response or have any other related questions.

Best Regards,
Zachary D. Norris
Customer: replied 2 years ago.
I was reading this and it says nothing about contractual relationship.
http://www.cvc.sunysb.edu/334/ethics/Privacy.html

For example, "However, if the matter is not one of public concern, and it is one that people would find offensive, there is an invasion of privacy. An example of publicity given to private life would be publicizing the fact that your neighbor has failed to pay his credit card bill for three months." I voluntarily disclosed the information only to that person and not to the whole world.
Expert:  Zachary replied 2 years ago.
The website you provided is not a correct statement of the law. A party must owe you a duty to not disclose before you can assert that they have invaded your privacy, as I stated before.

However, lets get specific. What state do you live in, and I will cite case law for you as to the specific standards for suing for invasion of privacy in that state.
Customer: replied 2 years ago.
Ah, I forgot to mention one thing- she is asking for money and I don't give it to her, she will "release" the chat. California, San Diego.























gmail, limewire
Expert:  Zachary replied 2 years ago.
Then you forgot to mention the most important thing. What the person is now threatening falls under the realm of blackmail (extortion).

California extortion laws are defined in Penal Codes 518 to 527 PC. Penal Code 518 defines extortion (which is commonly referred to as blackmail) as:


using force or threats to compel another to give you money or other property,


using force of threats to compel a public officer to perform an official act, or


being a public official and compelling another to give you money or other property acting under color of official right.1

Extortion is typically charged as a felony, punishable by up to four years in the California State Prison and by a maximum $10,000 fine.

Your situation falls under the first definition of the crime. You need to contact the policy and file a report against the person. You will also need to find out the persons actual identity and their location so that the police may pursue them.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 2 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.