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TJ, Esq.
TJ, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 11783
Experience:  JD, MBA
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Few years ago, my mom went to an adult day care center

Customer Question

Few years ago, my mom went to an adult day care center managed by a big medical group. My mom did not go to that center for few years. Recently, somebody told her that the center used her photo for promoting their business. My mom had a history of anxiety and depression disorder. Now, because she found out her photo has been displayed everywhere without her consent. Her mental illness getting worse and worse. I called the center to see if they got my mom consent to use her photo. They gave me a consent with a signature which was not signed by her. My mom did not know English at all. The signature was written in English. In addition, the consent did not even have the date when it was signed.
Can my mom sue them for her physical and mental damages and lost? Plus, they have to pay her for using her photo as a business use. Right?
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  TJ, Esq. replied 8 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.Yes, you are correct that your mother could sue the care center. As you suggested, they would need her consent in order to use her picture for commercial purposes. Otherwise, they would have violated her right to privacy. It sounds like the primary issue here is whether or not your mother actually signed the consent form. If she can prove that she did not, then clearly the care center would be liable for damages , including damages for the mental distress that they caused, as well as fees that should've been paid for using her image for commercial purposes and profit.My suggestion is that she contacts a local attorney who can make a demand upon the care center, and then sue as necessary. Of course, she may need to hire a writing expert who can testify that the signature is not hers.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!