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Can I sue a person who is impersonating my friend?

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rodrigowije

New member
Can I sue a person who is impersonating my friend by using his images on Facebook or my friend is the only person who can sue?
 


quincy

Senior Member
What is the name of your state?

Your friend is the one who has a possible legal action to pursue unless you were the one who created the images being used on the Facebook page.

If you created the images, both you and your friend potentially could have a basis for a lawsuit, you for copyright infringement.
 

doucar

Junior Member
Your friend is the only one who can sue. If your friend believes it is a crime, your friend can report it to the police
 

rodrigowije

New member
What state and are you a licensed attorney?
Not necessarily. :)

rodrigowije, were you in any way harmed by the deception?
I live in Miami, I talked to this person so I could know what they were doing, then they started flirting with me and they sent me her photos as if they were theirs and not my friend's. They are using her photos, but they are not using her name or her identity.
 

quincy

Senior Member
I live in Miami, I talked to this person so I could know what they were doing, then they started flirting with me and they sent me her photos as if they were theirs and not my friend's. They are using her photos, but they are not using her name or her identity.
So, you were not duped into anything foolish like sending this person money based on the misrepresentation?

Have you told your friend that her Facebook images have been purloined? Both you and your friend can report the Facebook page that is using the images of your friend without authorization.
 

Just Blue

Senior Member
I live in Miami, I talked to this person so I could know what they were doing, then they started flirting with me and they sent me her photos as if they were theirs and not my friend's. They are using her photos, but they are not using her name or her identity.
So why would you think you have standing to sue? What would you even sue for?...because you were misled for a moment?
 

quincy

Senior Member
Here is a link to Facebook’s “help” section on reporting a Facebook page:

https://m.facebook.com/help/355811251195044

If there have been no losses suffered by either you or your friend (with “loss” including an injury to your friend’s reputation), there is no lawsuit worth pursuing. With no damages, there is nothing to recover.
 

zddoodah

Active Member
Can I sue a person who is impersonating my friend by using his images on Facebook or my friend is the only person who can sue?
Anyone can sue anyone for anything. That said, what would make you think it would be appropriate for you to sue given that the situation you described appears to have nothing to do with you?
 

Litigator22

Active Member
Can I sue a person who is impersonating my friend by using his images on Facebook or my friend is the only person who can sue?
To make a point here let's assume that some individual intentionally inflicted severe injures on the person of your friend. Do you think that you would have right to sue the person responsible? And if you had that right, why not all of those souls similarly acquainted with your friend?

The answer of course is that you would have no legal right to sue the culprit.* Yet your emotional distress would undoubtedly far exceed that experienced because of some trivial, mischievous doings on a social media website! The reason such a right doesn't exist is generally two-fold.

First, it would be totally impractical resulting in an endless series of litigation over vague and ill-defined damages, and unduly burdensome on the defendant and the court system.

Secondly, because of a universal principle of civil law that tells us that "every action shall be prosecuted in the name of the real party in interest". Meaning that the right that the plaintiff seeks to enforce is founded upon and afforded to the plaintiff by substantive law. Substantive law being "that which creates or defines rights, duties, obligations, and causes of action that can be enforced by law,"
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[*] This is not to rule out the likelihood - in my hypothetical - of a litigant having a cause of action against the assailant where the attack upon the friend occurred in their presence causing severe and lasting traumatic physical and/or measurable emotional repercussions. An extreme example comes to mind in the nature of a miscarriage.
 

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