Annandale, VA asked in Personal Injury for Virginia

Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

I did not sign any forms at all. She just started to take pictures of my face before and after the procedure. I told her that I don't like being photographed. But she said it's a requirement by the law. I told her then not to post pictures anywhere but she insisted. So I let her post my eyebrow only on her Instagram. After a month and half, I had to revisit and she took pictures again without asking me. My eye were closed so I'm not sure how many she took. Later that day, she posted my eyebrows and my full face on her Instagram additionally as before and after the procedure pictures. Although my face is blurred, I don't like my body parts being on someone's SNS for an advertisement. Can she do that?

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1 Lawyer Answer

Timothy R Johnson

Answered
  • Berryville, VA
  • Licensed in Virginia

A: You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.

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