Use of my photo and childs photo along with my name in marketing campaign without consent
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Use of my photo and childs photo along with my name in marketing campaign without consent
Hi. We had a photo session by the bank when purchasing our first home 4 yrs ago with the thought that it would be used only in their annual letter. No written consent was ever given. About a year later we received a call asking if they could use our photo, along with our daughters in a marketing campaign and we never called back, no verbal or written consent ever given. Shortly after our pictures and one adult name, full name, was on their website, on posters at their multiple banks and even spotted on a bus What are our rights and next steps forward? many thanks.
Asked on August 25, 2016 under Personal Injury, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Under the circumstances, you could file a lawsuit for invasion of privacy for the appropriation of yours and your son's likenesses for commercial purposes without your knowledge and consent. The amount you can seek to recover, your "damages" would be general damages. These can include mental distress, physical illness or harm to your business or social interests. These items would depend on your particular situation as to whether or not they are applicable. In addition, you could also seek punitive damages which can be substantial when there is wrongful motive on the part of the defendant, since these damages are to punish intentional and malicious acts.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue the bank for invasion of privacy. Invasion of privacy is the use of your name or likeness for commercial purposes without your consent.
Your damages (monetary compensation you are seeking in your lawsuit) may include compensation for emotional distress. You can also seek punitive damages, which are a substantial amount to punish the intentional, wrongful acts of the bank.
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.