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Recently someone using an email address and identifying

Customer Question
Recently someone using an...

Recently someone using an email address and identifying themselves as a deceased person sent a nasty email to 38 people including myself. The contents of the email attacked my reputation and was an unequivocal lie. What can I do about it.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NY. the email went to people in different states and Canada. the email may have originated in Texas

Lawyer's Assistant: Has anything been filed or reported?

I went online and read up on email harassment. Based upon what I read online, I submitted an IC3 Form to the FBI. Somehow I think that this might not have been the correct process. FBI is too busy to worry about me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A text was also sent to my husband and brother in law at 1 am on the morning following the email. It was his extended family reunion. I have my suspicions about who is involved. One of the cousins is a cop in Texas. His brother is an IT professional. The email was traced as far back as the google server located in San Francisco Bay area. The text was traced to a google phone number using the Tomball area code (we were in Tomball) but the IP address was traced to Corpus Christi. There is an ignorant family member living in Corpus Christi that we suspect based upon the language used. His comment about "talking to family members" implicated a cousin who is an illegal immigrant always looking to gossip and cause problems. There might be more people involved.

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
8/1/2017
Lawyer: Loren, Attorney replied 11 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,726
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

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Lawyer: Loren, Attorney replied 11 months ago

If you can ascertain the identity of the person doing this, you may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

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Lawyer: Loren, Attorney replied 11 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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.

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