View Full Version : Do I have a lawsuit?
somedude
Nov 10, 2009, 01:35 PM
I will be as detailed as possible.
Recently an ex and myself broke up, a few days later she calls me up with her new boyfriend on the line and him and I proceed to jab back and forth. Later I find out that he had illegally recorded our conversation and began distributing it all through-out the internet and even sent it to a radio station. Neither one of the two asked me for my permission or even stated that they were recording the phone call.
This whole situation has caused me a huge amount of mental anguish and humiliation. It's like I can't go anywhere in my state without people recognizing my voice. And further humiliating me, can someone who knows anything about illegal wiretapping help me out. Thanks.
stevetcg
Nov 10, 2009, 02:00 PM
Doubtful. It may or may not be illegal for them to have recorded you depending on where you live.
If you cannot PROVE tangible damages (loss of job/income specifically) you won't get anywhere with a law suit. Mental anguish and humiliation are generally meaningless in a defamation suit.
And after all, you DID say everything on the tape.
Here is a good resource about recording conversations (its not a wiretap - that has a different definition) in your area.
"Can We Tape?" (http://www.rcfp.org/taping/)
somedude
Nov 10, 2009, 02:04 PM
Doubtful. It may or may not be illegal for them to have recorded you depending on where you live.
If you cannot PROVE tangible damages (loss of job/income specifically) you wont get anywhere with a law suit. Mental anguish and humiliation are generally meaningless in a defamation suit.
And after all, you DID say everything on the tape.
Here is a good resource about recording conversations (its not a wiretap - that has a different definition) in your area.
"Can We Tape?" (http://www.rcfp.org/taping/)
Hmm, according to that site it is still generally illegal for them to distribute everything that I said, and also my state has a two party system. It shouldn't be hard to prove they admitted to it.
stevetcg
Nov 10, 2009, 02:12 PM
Fair enough. My recommendation would be to contact a local attorney and see what is what.
somedude
Nov 10, 2009, 02:13 PM
Fair enough. My recommendation would be to contact a local attorney and see what is what.
Thanks for your answer.
stevetcg
Nov 10, 2009, 02:17 PM
Keep in mind - cases like this can be expensive and can cost more to file the suit than you will ever recover.
somedude
Nov 10, 2009, 02:23 PM
Keep in mind - cases like this can be expensive and can cost more to file the suit than you will ever recover.
It's not really about the money, as it's not something I care about it's more about getting them for doing something highly illegal. I might leave the lawyer our of this and just file criminal charges.
stevetcg
Nov 10, 2009, 02:38 PM
If it comes to a civil suit, the radio station might also be at fault. I am not positive but I think they would have an obligation to verify that the tape was legal.
Fr_Chuck
Nov 10, 2009, 06:42 PM
I will note if you don't want this out or famous you may want to not try for crminal, let it make one news and I can see it being played on Yahoo strange news to millinos
somedude
Nov 10, 2009, 06:51 PM
I will note if you don't want this out or famous you may want to not try for crminal, let it make one news and I can see it being played on yahoo stange news to millinos
Ahh, that is quite true. I wouldn't want millions of people to hearing it to further humiliate me. I said some stuff that I probably shouldn't have as well.