Let me explain. I was approached to do an impromtou interview, (basically put on the spot), the person told me they were with a reputable magazine that I have worked for in the past. 2 weeks later I find out they were actually from a trashy magazine that I would NEVER speak to!! They just wrote what I told them and nothing was constrewed, but my publicist was pissed!! It's never good to talk to these magazines. Chances are they will use that interview for the next 6months and take what I said out of context eventually. Anyways, I guess I just want to know, can I sue them for fraud or something? My lawyer is on holidays and I don't want to be represented by anyone else, just want some advice. P.S, not looking for money here, I have plenty of my own. Just think they shouldn't be allowed to do this!!
2006-06-20 15:53:52 · 7 answers · asked by imjustmeandyourjustyou 1 in Politics & Government ➔ Law & Ethics
Thanx everyone. I didn't realize time was so valuable in my case because I just assumed the magazine would be proof enough!! As for he said/she said, if you knew what magazine I am talking about, you'll know that someone who values and protects their career would NOT talk to them!lol.
2006-06-20 16:09:43 · update #1
Oh, cost to myself or my lawyer is not an issue in this case as I would like them to know my lawyer is NOT a force to reckon with!( or myself)
2006-06-20 16:11:41 · update #2
The law on this subject can vary quite a bit from state to state, as some (like New York) offer very strong protection for a person's identity -- particularly if that identity has some commercial or celebrity value. I think you have several strong claims, including misrepresentation, fraud, unjust enrichment (the money they make selling copies of the interview), invasion of privacy, misappropriation of your name or face value (if you are famous or infamous), and on and on. Many of the claims you would be making sound in equity rather than in law (a distinction that might bore you to death to see explained), but it basically means that those guys would come in "with dirty hands" in lawyer-speak, having committed a deception at the outset that basically invited trouble. Judges hate that stuff and would probably tend to side with you, if it came to that. Their lawyers will know that. You should seriously consider interrupting your lawyer's holiday or talking to someone in his office or referral list. (Most attorneys would usually have someone "on call" for their clients if they were going to be out of contact.) You have a strong case but should probably act right away to preserve your rights. Remember that vigilant defense of your rights this time can help discourage the bad guys from messing with you next time. Good luck.
2006-06-20 16:03:58 · answer #1 · answered by BoredBookworm 5 · 0⤊ 0⤋
As another person correctly pointed out, the laws will vary from state to state and most of the answers you receive here are not froms. If you are in the United States, the magazine will receive a high degree fo protection under the First Amendment and you chances of succeeding would not be very high.
And how would you quantify your damages? You say that you don't want money, that is the real purpose of a lawsuit. A lawsuit would be to compensate you for the damages that you suffered. If the article was truthful and contained nothing false or defamatory, what legally compensable harm have you suffered? None that I can see.
2006-06-20 23:22:02 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Since they did not take it out of context and didn't defraud you of money there's nothing illegal in the US about what happened. Even outside the US generally you'd have to show some type of damage. In your case unless they misconstrued what you said then there's really no damage since you said the things they said you did.
2006-06-21 03:47:05 · answer #3 · answered by caffeyw 5 · 0⤊ 0⤋
Depends on your attorney.
some attorneys would say no. But if you have an attorney that will push the issue. Then sure you can sue.
Remember this, you can sue for whatever you want. Winning however is a different subject.
2006-06-20 23:00:19 · answer #4 · answered by RockStarinTx 3 · 0⤊ 0⤋
I don't think you can sue in this case. Then again, I'm an engineer not a lawyer!
2006-06-20 22:57:31 · answer #5 · answered by inpoetry1 3 · 0⤊ 0⤋
Lying is not, as a general rule, illegal or actionable, unless they do so to extract money from you.
2006-06-20 22:56:17 · answer #6 · answered by James 7 · 0⤊ 0⤋
that's a he said she said situation.If it caused you damage you can sue though,the cost would be enormous.
2006-06-20 22:58:59 · answer #7 · answered by romadgo 4 · 0⤊ 0⤋