Daytona Beach, FL asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida

Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

3 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Civil Rights Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

Charles M. Baron agrees with this answer

1 user found this answer helpful

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Yes you can sue, you need to assess whether the cost of prosecuting such a case is worth it...You could also have her prosecuted for unlawfully recording the conversation (you would need to communicate with law enforcement about the facts of the case)...

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Yes, under Fla. Statutes Section 934.10, you may sue for any or all of the following:

(a) Preliminary or equitable or declaratory relief as may be appropriate;

(b) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;

(c) Punitive damages; and

(d) A reasonable attorney’s fee and other litigation costs reasonably incurred.

One issue there is whether "actual damages" includes emotional distress damages, which would need research to determine, but in any event, both you and your wife may have grounds to sue for intentional infliction of emotional distress, in addition to yourself having a case for a violation of Chapter 934. HOWEVER, the biggest practical issue is the collectibility of any money judgment against your ex. If collectibility is a question mark, then it's unlikely any attorney can take your case except for substantial up-front fees, which may end up being more than you can collect. In any event, you have the option of filing a claim in small claims court (cap of $8,000), where you don't need an attorney.

As my colleagues advised, the recording without your knowledge or consent is also a crime, so your local State Attorney's Office might be interested in bringing a charge. But you need to think of the consequences of that - will it be in your best interests if your ex were arrested and then have a criminal record that could potentially adversely affect her for the remainder of her life?

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