Why New York is different
Many states recognize a family of privacy torts developed by courts, covering things like intrusion into private matters and public disclosure of private facts. New York's courts have declined to adopt them, so privacy claims here generally have to rest on a statute. The most familiar one addresses using a person's name or likeness to advertise or sell something without consent. Other laws address the unlawful sharing of intimate images, and federal law reaches certain kinds of eavesdropping and interception. If the conduct happened elsewhere or involves someone in another state, a different state's privacy law may apply, which can change the analysis considerably.
Other claims that often carry the case
When no privacy statute fits, the same facts may support different claims. False statements may be defamation, deliberate and outrageous conduct may support a claim for emotional distress, physical intrusion may be trespass, and repeated unwanted contact may be addressed through harassment law or, in the right setting, an order of protection. Each has its own requirements, some are hard to meet, and some carry short time limits. Online publication raises further questions, including whether a platform can be held responsible, which federal law often limits even when the person who posted can be sued.
What we review before filing
Before an invasion of privacy lawsuit is filed, we look at where the conduct happened, who was responsible, what evidence shows it, and what remedy you are after. Identifying an anonymous poster can require a separate court process, and evidence needs to be preserved before accounts disappear. We also discuss the practical side: litigation can draw more attention to the very information you wanted kept private, and there are sometimes ways to limit that through the court. The choice to file, and how, stays with you once the trade-offs are clear. Some of these claims have to be brought within a short time, so a long pause while deciding can narrow the options.
