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-   -   Do I have a lawsuit? (https://www.askmehelpdesk.com/showthread.php?t=414749)

  • Nov 10, 2009, 01:35 PM
    somedude
    Do I have a lawsuit?
    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.
  • Nov 10, 2009, 02:00 PM
    stevetcg

    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?"
  • Nov 10, 2009, 02:04 PM
    somedude
    Quote:

    Originally Posted by stevetcg View Post
    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?"



    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.
  • Nov 10, 2009, 02:12 PM
    stevetcg

    Fair enough. My recommendation would be to contact a local attorney and see what is what.
  • Nov 10, 2009, 02:13 PM
    somedude
    Quote:

    Originally Posted by stevetcg View Post
    Fair enough. My recommendation would be to contact a local attorney and see what is what.

    Thanks for your answer.
  • Nov 10, 2009, 02:17 PM
    stevetcg

    Keep in mind - cases like this can be expensive and can cost more to file the suit than you will ever recover.
  • Nov 10, 2009, 02:23 PM
    somedude
    Quote:

    Originally Posted by stevetcg View Post
    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.
  • Nov 10, 2009, 02:38 PM
    stevetcg

    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.
  • Nov 10, 2009, 06:42 PM
    Fr_Chuck

    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
  • Nov 10, 2009, 06:51 PM
    somedude
    Quote:

    Originally Posted by Fr_Chuck View Post
    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.

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