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I had a legal dispute over a cat (payment for a cat) with

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Hello! I had a...
Hello! I had a legal dispute over a cat (payment for a cat) with someone and we agreed to go to a TV legal show with it. I did not use my legal name there as my husband work in public office. The other party decided to put both my and my husband's name her website in full, calling us liars etc. and placed the section of the TV show we were in on YouTube. Could I do something about her taking the YouTube video off and also our name off of her website? Thank you.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CT
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 6 months ago.Category: Legal
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Answered in 56 minutes by:
5/9/2017
Lawyer: Attorney2, Attorney replied 6 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,405
Experience: 29 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. If this person is posting/publishing lies about you that is defamation of character and you have the ability to sue that person.

Are the statements being made untruthful?

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Customer reply replied 6 months ago
No, although she would say she was awarded the money so she mudt be right. However, the real issue is that for one, she names my husband on her website as well even though it was me who bought the cat and two, there was a reason why I dkd not agree my name to be used on TV; being in a law suit over a cat on TV is just embarrassing, regardless of the outcome. I only agreed to the whole thing because that way I did not have to go through the legal process, only had to show up for a 2 hours TV show. Now she put both my and my husband's name on her website with a link to YouTube for everyone to watch the TV show. Even though the Youtube page does not state our name, her website does, and her site comes up now if someone Googles my or my husband's name. Is there a way to stop her from putting our name on her site with the link? Thank you.
Lawyer: Attorney2, Attorney replied 6 months ago

If the use is considered to be defamation you can sue this person and have the court order her to remove the information from the internet. Was there anything in an agreement that prohibited her from using your name or your husband's name in another forum?

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Lawyer: Attorney2, Attorney replied 6 months ago

"Internet Bullying, Harassment and Invasion of Privacy

In Connecticut, the tort of invasion of privacy has been used as one method to combat the negative impact of online harassment. Invasion of privacy involves unreasonable intrusion upon the seclusion of another, appropriation of another’s name or likeness, unreasonable publicity given to another’s private life, or publicity that places others in a false light before the public. The law was officially recognized by Connecticut courts back in 1982, well before the widespread use of the Internet. Nevertheless, lawyers in Connecticut are finding ways to utilize this law to address online harassment cases.

Some examples of cases where invasion of privacy might be available include:

  • Revenge Porn or Releasing Private Photographs.This type of case may involve a spurned boyfriend or girlfriend causing harm by releasing to others or posting online intimate or private photographs. The key aspect of these claims concerns the disclosure of intimate information obtained in confidential circumstances. Although the Connecticut legislature is currently considering formal legislation for so called “revenge porn,” there is no specific Connecticut law that currently covers this type of event and therefore, a lawsuit for invasion of privacy or infliction of emotional distress may apply.
  • Accessing Private Emails or Social Media Profiles. A common tactic for internet harassment involves accessing another person’s personal accounts for email or social media, such as Facebook or Google +. Other cases involve creating fake profiles under the name of the victim and posting damaging information or making outrageous statements online thereby inviting others to attack or criticize the real user. Almost always these situations are caused by anonymous users and the help of an attorney may be needed in uncovering identify of the user or requesting that the social media company shut down the fake profile.
  • Impersonation or identify theft of passwords to access online profiles" https://www.aetonlaw.com/internet-torts-and-invasion-of-privacy.html
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Lawyer: Attorney2, Attorney replied 6 months ago

I understand your frustration.

I can provide you with a link for local Attorneys that provide FREE consultations with regard to Invasion of Privacy Matters if you can tell me where in Connecticut you are located?

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

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Customer reply replied 6 months ago
The problem is I really do not have an answer still. Can I in this particular situation address legally the issue or not? I am not an attorney but I imagine she would say, she only posted on Youtube a public TV show not anything private; that she did not put my name on the actual YouTube site; and that she is right anyway, since the judge decided in her favor. My point is that she does use my name on her website (and my husband's name, who was not even involved in this), even though in the TV she I did not use my name, and by doing so, in search sites my name comes up with her website and negative statements which is causing me harm. The irony of it all is that the whole TV show was fake - she sued me for me causing her PTSD by not paying her as much for the cat as she wanted (which, given that I am a therapist and have seen people with real PTSD, was a joke and an insult to those who really do have PTSD), therefore I was told before the show that they would go easy on her and be tough with me, but I will not have to pay for anything. Too bad people do not know that, they just see me in that show and assume all that is in the show and what she is stating on her website is true. Not to mention my poor husband who is furious for his name being used like that, when he was not even involved with the purchase of the cat in any way, who is not in our contract and who did not even come to court.
Lawyer: Attorney2, Attorney replied 6 months ago

My apologies if my response was unclear. The answer is that if this is defamation you have the right to ask the court to have her remove the internet posts. If it is not you do not have leverage.

These are the elements for defamation:

"The statement under review must be false. The false statement can be made willfully, recklessly or negligently;

The statement must have been “published” or communicated to a third party. Privately accusing another person of egregious conduct, without the accusation heard by a third party, will not support a defamation claim in CT;

The statement under review must identify the defamed party, but the identification need not be made only by name. For instance, if someone falsely states, “My business partner is a thief” and the third person knows the business partner, that is enough to launch a successful claim;

The subject must suffer reputational damage as a result of the statement. Whether the claimant actually suffered damage is usually a question for a jury or judge to decide." http://kellywarnerlaw.com/connecticut-defamation-laws/

You may not be familiar with the site. Pursuant to the terms of sevices of the site the Attorneys provide general information that hopefully gets you headed in the right direction.

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Lawyer: Attorney2, Attorney replied 6 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

Ask Your Own Legal Question
Customer reply replied 6 months ago
Hello,So to apply all this to my situation:1, Her statements are false (I have a copy of the cashier's check and emails to prove that), however on TV the judge never looked at our evidence and did decide in her favor (not in everything, such as her PTSD claims, but awarded her the money). So I am not sure how to interpret "the statement must be false" regarding me. With my husband, whom she is also accuses on her website, the situation is more simple, as he was not even in my contract with her when I bought the cat therefore he was not obligated in any shape or form to pay her.2, I think the statement was indeed communicated t a third party because she accuses us on her public website and then places a link to YouTube on it.3, She does identify us on her website by our name, and while our name is ***** ***** the YouTube site, from the link connection it is clear she is referring to us on YouTube.
4, We very well may suffer reputable damage since she is calling us thieves and liars publicly. She might say the TV section is public so she merely listed a publicly available TV show on her website, but in truth I did not use my name in the TV she but by using my name in her website and then placing the link there, she in essence reveals my name to everyone. My husband works at a prestigious private school in CT and I am a counselor, this is obviously problematic for us.Please advise as to whether I have a case here or not, and I promise I will leave you positive feedback. I just want to make sure I am getting concrete information I can act upon one way or another.P.S.: I should also mention the original law suit originated by her was filed in NJ because we used to live in NJ, but then the TV show obtained the law suit and we were filmed in CT because we now live in CT. Not sure if this makes a difference or not, but I wanted to mention it.
Lawyer: Attorney2, Attorney replied 6 months ago

If you meet all of the elements you have a case.

The laws are similar from State to State. This is a link for New Jersey law http://kellywarnerlaw.com/new-jersey-defamation-laws/Pursuant to the terms of service of the site the attorneys cannot create an Attorney client relationship with the customer's of the site. We can provide general information and hopefully get you headed in the right direction. Please let know where in NJ this occurred so I can provide you with a link for Attorneys in the area that provide free consultations.

I see that you have used the site before and may not be aware that the only way the Attorneys on the site receive credit for our time and work is if the customer rates our service positively.

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Lawyer: Attorney2, Attorney replied 6 months ago

Do yo have any additional questions for me?

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