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I have a fraud in my account, somebody using my first name

Customer Question
and last name and putting...
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: 7 years ago.Category: Legal
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Answered in 11 hours by:
12/1/2009
Lawyer: Ely, Counselor at Law replied 7 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
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.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



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…”























Ask Your Own Legal Question
Customer reply replied 7 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

Lawyer: Ely, Counselor at Law replied 7 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
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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