Q: What legal actions can I take for a video posted without my consent?
I was 17 when a store I entered to sell my shoes recorded me without my consent. The store owner then posted the video on Instagram, falsely labeling me as a liar selling beat up shoes, while my shoes were in excellent condition. The video has been seen by 13,000 people, including my friends, and has caused me embarrassment. I have a recording of the post. I haven't approached the owner due to fear of further posting. What actions can I take to have the video removed, and how can I address the false claims legally?
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- California
- (916) 704-3009
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- Answered
A:
You have several potential legal actions available since you were a minor when recorded without consent. In California, you're protected by both privacy laws and additional protections for minors, which may give you stronger grounds for having the content removed.
Your first step might be sending a formal takedown request to both the store owner and Instagram, explicitly mentioning your age at the time of recording. You could pursue a defamation claim for the false statements about your shoes that damaged your reputation, as these appear to be provably false statements presented as facts rather than opinions.
You may want to consult with a lawyer who handles privacy and defamation cases, as they can help draft cease and desist letters, file formal complaints, and potentially pursue damages for emotional distress and harm to your reputation. Given the significant viewership and that you possess evidence of the post, you're in a stronger position to demonstrate actual harm, which strengthens your case if legal action becomes necessary.
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