Chicago, IL asked in Civil Rights and Constitutional Law for Illinois

Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy

Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of emotional distress are legal claims that could apply in this situation. To initiate a lawsuit, you should consult with a civil rights or privacy attorney in Chicago. They can evaluate the specifics of your case, advise you on the viability of a legal claim, and guide you through the process of filing a lawsuit if appropriate. It's essential to gather evidence of the invasion of privacy, such as screenshots or records of the posts, and document the emotional distress caused.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: In Illinois, if someone posts your image on social media without your consent, it could potentially be considered an invasion of privacy, especially if it's done in a manner that causes you emotional distress. The key element here is whether the posting of your image was an unreasonable intrusion upon your seclusion or solitude, or into your private affairs.

To pursue legal action, you first need to document the posts, including screenshots and any relevant information about where and how your image was shared. This documentation will be crucial as evidence.

Next, consider reaching out to an attorney who has experience with privacy laws and civil litigation. They can help you understand your rights under Illinois law and evaluate the strength of your case. The attorney can also guide you through the process of filing a lawsuit, if that's the route you choose to take.

Remember that each case is unique, and the success of any legal action will depend on the specific facts and circumstances involved. Legal action should be considered carefully, as it can be a complex and time-consuming process.

It's also important to note that emotional distress claims require proof of substantial or enduring harm, which can sometimes be challenging to demonstrate. An attorney will help you navigate these complexities and provide guidance on the best course of action.

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