if someone writes a tell-all book and includes an affair that I had with them 30 years ago, and uses my real name, do I have any legal recourse?

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if someone writes a tell-all book and includes an affair that I had with them 30 years ago, and uses my real name, do I have any legal recourse?

Asked on June 3, 2009 under Criminal Law, New York

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Unfortunately this type of book will usually include real facts and names and the publishers are very careful not to print anything that could be considered libelous. As I do not have any specifics on this book or you and your situation it is hard to gauge if you would have any possible recourse.

If what is printed is true I would assume you would not have any legal recourse. However as I said having all the facts would help make it easier to answer definitively. You should contact a local attorney who handles this type of situation, speak with them explain the situation and see if they advise any legal action

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It's possible. But cases like these tend to be very sensitive to the facts -- the facts that can be proved in court, the facts that sometimes depends on whose testimony is believed and whose is not.  The law does vary from state to state, as well.  You should discuss this, in detail, with an attorney in your area, for reliable advice.  One place to find a lawyer is our website, http://attorneypages.com

If the truth of what is written about you can be proved, that would be a complete defense to a libel suit.  You might still have a claim based on invasion of your personal privacy.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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