Choosing the claim and the defendant
New York does not recognize a general common-law claim for invasion of privacy, so a lawsuit has to rest on a specific statute or another recognized claim. The state's privacy statute covers commercial use of a person's name or likeness without written consent, and a separate New York law provides a civil claim for unlawful dissemination of intimate images. Depending on the facts, claims may also arise under federal law, another state's law, or contract. The defendant may be an individual, a business, or both, and the person who posted something is not always the same as the company that profited from it. Health privacy law under HIPAA does not give individuals a private right to sue.
Anonymous posters and online platforms
When the person responsible is anonymous, identifying them may require a court-authorized subpoena to a platform or internet provider, and courts weigh the poster's interests before ordering disclosure. Platforms themselves are often protected from liability for content others post, though not in every situation. Website terms of service may contain arbitration clauses or forum choices that affect claims against the company that runs them. Data breach and tracking cases against companies are often brought as class actions, where courts look closely at whether the plaintiff suffered a concrete harm, and a bare risk of future misuse may not be enough. Save screenshots with dates and links, notice letters, and any evidence of misuse.
Deadlines and other routes
Some privacy claims have short limitation periods, and New York's claim for commercial use of a name or likeness is one of them, so timing matters. Removal requests to websites and platforms can sometimes stop ongoing harm faster than a lawsuit. If a known person shared intimate images, criminal charges and an order of protection may also be available. We start by identifying exactly what was used or disclosed, by whom, and where, then look at which claims fit and what each would require. A lawsuit is one path among several, and we explain the trade-offs of each.
