• Nondisclosure Agreements

  • Privacy or Data Breach Notices

  • Confidentiality Agreements

  • Cease and Desist Letters

  • De-index Request Letters for Search Engines and Websites 

  • Privacy Policies

Some say that Facebook, data brokers, and the NSA have killed privacy. These same people claim that the average person doesn't care about privacy anymore.

But most people will still tell you  that few things make them feel more violated than when they find out someone was spying on them when they thought they were in a private place.  


Once your private information is in the hands of cyber criminals, the constant threat of identity theft and necessary long-term account monitoring would give anyone bouts of anxiety and insomnia for years to come.


Our firm knows an invasion of privacy can result in serious mental, emotional, physical, and financial harm. We litigate invasions of privacy claims on behalf of plaintiffs in Colorado.


Colorado recognizes three common-law invasion of privacy claims: intrusion upon seclusion, public disclosure of private facts, and appropriation of one's name or likeness. If you have a viable invasion of privacy claim claim, you may be able to recover damages for emotional distress, injury to reputation, and punitive damages if the intrusion is particularly offensive to the average person. If the other person profits from the privacy violation, such as selling the unlawfully obtained information to a tabloid magazine, you may also be able to recover the profits.


​Intrusion Upon Seclusion


When most people think of privacy violations, they often think of the peeping tom or the hidden changing room camera scenario. The claim underlying both is called "intrusion upon seclusion."

A claim for intrusion upon seclusion occurs when someone intentionally and offensively invades your private space or pries into your private affairs or concerns.

As with the peeping tom or hidden camera in the changing room, an intrusion upon seclusion can take place when another person intentionally or defiantly trespasses onto your property or into a space where you have cut yourself off from the view of the public. But an intrusion upon seclusion might also happen when someone secretly records videos, sounds, or images of you in a situation where a reasonable person would expect privacy.

It may also occur if someone, without lawful authority, accesses your private letters, mail, medical records, financial records, or psychological counseling records.

Computer hackers often intrude upon the seclusion of others when they access their online accounts or computers without permission. Even if someone didn't hack your computer or online account, they may still intrude upon your seclusion if they access your still-logged in Facebook or email account to read private messages without your consent. 


Public Disclosure of Private Facts


An unlawful public disclosure of private facts occurs when another person discloses private facts to the public without your consent. The public disclosure of the private information must also be the type that would  offend a reasonable person of ordinary sensibilities. 


The disclosure must be sufficiently public. Sharing even private information to small groups or legitimately interested persons may not be sufficiently public to create an actionable claim. With that said, even if someone makes a "friends only" post to Facebook or posts in a private online forum to a select group, the disclosure may still be sufficiently public due to the size of the group and their relationship to the subject of the disclosure.


The information must also be private, and not available in the public record or known by the public. Private information can include a person's sexual activities, social security number, private nude photos, medical history, or tax documents.


Information that is generally public may be characterized as private by a court if the individual has taken sufficient steps to hide the information from the public  For example, phone numbers and addresses are generally considered public in nature. However, an individual may chose to not to list his or her private phone number. The same can be true of private residences.

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Misappropriation of Likeness


Colorado courts recognize the right to control the use of your name or likeness. If someone uses your name or likeness without your permission, you likely have a claim for misappropriation of likeness. Unlike other states, Colorado courts do not require that your name of likeness have a commercial value. Likewise, the use of your name or likeness does not have to be for a commercial benefit.  

Although misappropriation claims have generally been seen in cases where a person's picture or likeness is used to sell products without their permission, social media and the Internet have given rise to a number of misappropriation claims based on the phenomenon of "catfishing." The term "catfishing" or "catfish"  first gained ground in popular media with the television show and documentary of the same name. "Catfishing" occurs when someone creates an online persona using another’s pictures or even their entire identity.  Many now defunct Myspace pages that users have forgotten about provide a plethora of tools for the would-be catfish. Though this Internet phenomenon has become fairly common place, it does not mean it is in any way legal. Internet users who have created a fake Facebook or Twitter account using the name or pictures of another person face serious civil charges for misappropriation.



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