Identity theft lawsuit?
Tuesday, November 24th, 2009 at
8:10 pm
I R0M30 I asked:
Somebody has created a very offensive myspace page under my name. It is a very very offensive page, and i would like it to be deleted. i emailed myspace, and they havent responded yet. It happened two days ago. I also would like him to gedt into some form of trouble for this, but my boss at work, where it started said he cant do anything, and the policew said to talk to my boss. Since he is using my name without my permission, cant i file some sort of identity theft lawsuit against him?
it’s not my boss that made the page, it is a coworker. This coworker has been being very offensive and cruel towards me for a long time now, and he just finally crossed the line. My boss cant do anything about it, as it occured outside of the workplace.
Somebody has created a very offensive myspace page under my name. It is a very very offensive page, and i would like it to be deleted. i emailed myspace, and they havent responded yet. It happened two days ago. I also would like him to gedt into some form of trouble for this, but my boss at work, where it started said he cant do anything, and the policew said to talk to my boss. Since he is using my name without my permission, cant i file some sort of identity theft lawsuit against him?
it’s not my boss that made the page, it is a coworker. This coworker has been being very offensive and cruel towards me for a long time now, and he just finally crossed the line. My boss cant do anything about it, as it occured outside of the workplace.
Tagged with: Boss • Coworker • Identity Theft
Filed under: Identity Theft
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indeed you can as where it is not illigal to make offensive pages it very much is illigal for your boss to be using your name and also the suit you want to file isnt identity theft you want to sue him for slander, or defamation of character.
Not identity theft, but you can file a libel suit. Libel is printed words or images that you can prove are harmful to you in some way. If you can prove this page is compromising you, then you can have it removed and damages awarded to you.
Talk to a lawyer. Even if you can’t sue anyone, you can have a lawyer draft a cease & desist notice for myspace to have potentially libelous material removed. It may not do any good, but it might.
You can sue anybody for anything…problem is finding an attorney who will work for you, if there isn’t much to be gained. If you file, on your own, you stand less chance of winning and might end up having to pay court costs. Too bad you have to work with such childish people!
I do not understand why the police said to talk to your boss if in fact it is happening outside the work place. Perhaps you need to complain to the Human Resources or Personnel Dept about harrassment.
It is not unusual for complaints to fall on deaf ears, so you need to go to the next level.
File a complaint with the FTC which is the premier federal agency for identity theft.
Depending on the nature of the offensive content, perhaps you can report this person to the FBI white collar crime internet complaint site
Visit legal aid or a regular lawyer.
Get them to send a letter on their lawyer letter head, by registered mail (myspace has to sign for it) ordering them to either cease and desist, or take down the site, or whatever the legal terminology is.
Not all law firms are computer literate, but there are organizations that specialize in legal aid to people who are having internet harrassment problems. Most of them focus on crimes more serious than yours, but perhaps you will find some links on these sites that can help you.
Your goals with legal assistance
1. get the offense stopped
2. file law suit against that person for the damage done to your reputation, and your legal costs getting this resolved. The lawyer can advise you on what violations were done to you, as defined by law, what your chances are of winning the case, whether the bad person has any money you can get … it may be that you can be happy if they do a public appology
3. complaint against police & others who don’t help against these crimes … except you might not want to be so offensive to your employer that you lose your job
If you don’t care about risk of losing your job then
* go to your boss’s boss & tell him or her that
** you have already reported the company to the FBI and FTC, and you have retained the services of a lawyer, and you did all this after your boss refused to put a stop to the harrassment
** if this matter cannot be resolved, your next plan is to report the company to the news media
* wait a few days before you actually do so, to give boss’s boss a chance to look into the situation
* check with your lawyer to see if going to the news media would help or hurt the case
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