I'm Back.....m

[Giggles]

Hi Soc, perhaps you'll remember I'm the one with the X-Boyfriend that took me to court in May 05 to have removed from his house.  I thought all was well but now the harrassment begins :-(

On Monday, Aug 8th I was alerted (by a friend) that there was a personal ad placed on Yahoo Personals using my photograph and stating some rather not so nice UNTRUE things about the type of person I am.  I DID NOT place this ad and I suspect that the X-Boyfriend did due to seeing me out with someone else.  According to Yahoo's Terms of Service agreement, if an individual violates the TOS by placing a false ad to "defame" another, disclosure of that person's e-mail and IP address can be made after receiving a subpena for the information.

I have contacted Yahoo and asked that they remove the ad (of which they did do) and to investigate this situation.

1.  Do I have any legal recourse against the person who placed this ad?

[socrateaser]

>1.  Do I have any legal recourse against the person who placed
>this ad?

Under the common law of torts, defamation of character occurs when a person publishes false and defamatory statements about another to a third party and causes damages. Written defamation is called libel, and if the published statements concern alleged criminal behavior, lothsome disease, sexual promiscuity, or inappropriate commercial practices, then damages are presumed (called per quod).

So, depending upon the statements, you could obtain compensatory relief for damage to your good name, and consequential damages for any out of pocket losses incurred as a direct result of the publication. If the defamor acted intentionaly, then you could also obtain punitive damages in order to discourage similar future behavior.

Under the common law of torts, false light attribution occurs when a person publishes statements about another that attributes false characteristics to that person, such as truthfully stating that a person is married, and simultaneously posting pictures of that person in lewd acts, which even though they may have actually occured, are unlikely to be repeated now that the person is married.

Damages for this tort are the same as for defamation.

Under the common law of torts, misappropriation of identity occurs when a person assumes the identity of another for a wrongful purpose. This is the typical lawsuit of a celebrity whose voice or "look" is impersonated in a commercial advertisement in order to capitalize on the celebrity's star power. It could be used by an ordinary person if that person can show that their identity provided some unjust benefit to the appropriator, and it could be used to obtain a permanent injunction to set up a possible contempt of court sanction if another misappropriation occurs in the future.

The trick of course is to prove that your ex posted your info online. If he did so under his own screename, then you could obtain that info from AoL using the legla discovery process. However, if he used your screename, because he managed to swipe your password, then you're SOL, unless you have someone who can cohoborate your allegations.

I suggest that you send him a letter and tell him that you've discovered the post on line, and, that if he is the person who posted, that you would appreciate it if he would refrain from this behavior in the future, or you will be forced to take legal action against him. Don't accuse him of doing anything, and don't threaten legal action in order to punish, because you could find yourself getting sued or arrested for making a threat.

Just put him on notice that you know of the post, and that you are concerned about its falsity and the injuries that you have sustained as a result. Maybe, he'll write back and put his foot in his mouth, at which point, you can sue the snot out of him. If not, it will probably make him think twice about doing it again, and if he doesn't respond at all, that is a tacit admission of the truth of your concerns, that a court could consider as evidence in some subsequent action, if your ex actually posts again.

[Giggles]

because they are tied to MY e-mail address and I would have gotten an e-mail confirmation of the AD.

I just read over the TOS again and it states....

"You acknowledge, consent and agree that Yahoo! may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Yahoo!, its users and the public."


I will send him a letter!!

THANKS!!!

[socrateaser]

The TOS only provides Yahoo with a means of terminating its obligations with an end user. It provides you with no private right of legal action against another end user. However, if Yahoo is informed that your identity was misappropriated and then does nothing to remedy the situation (remove the ad), then you could sue Yahoo for defamation and negligence.

Which would be a rather more interesting lawsuit to an attorney.

[Giggles]

They did remove the ad...thankfully!!

I got an e-mail from Yahoo that states "We will be happy to conduct a thorough investigation upon receipt of the necessary documents from you."

I sent them the information they requested...I guess we'll see what they come up with.

Thanks Soc!!! ;-)

[TPK]

A friend of mine wanted to "get back" at someone using the same Yahoo personals. My friend did in fact post a personal ad in the "gay" section. Friend told me it cost nothing to sign up, but if someone replyed to the ad that the person who submitted the ad *must* pay a fee to reply back.

This fee caused my friend to just not reply but left the ad up. I'm not sure if it's still there.

So, going by what I was told, your Ex ~had~ to pay to get the full service from the ad. If he did pay, it could be a way to nail him.

Just my 2 cents


TPK

[Giggles]

However, you are able to send "quick" messages (little one liners like..."Hey, nice picture" or "Wow, you're cute"..etc).  I don't know if he paid to get the full service as they also offer a 1 week free trial....but you still have to put in your CC information so if he did that...he's toast.

The funny thing is...I saw him last night and he asked if I got the ad taken down...I said "Yup and Yahoo is investigating the matter and will let me know who placed it...."  He turned white as a ghost....hehehee

Felt just like one of those "Priceless" commercials!! :-)