Legal Question in Civil Litigation in California
Email privacy
I had to sue a client for payment. They filed for a payment plan, and lied about how much money they had. I used their online email system to look at mail waiting to be opened to document that they had much more money than they claimed. (Note: I had warned them about the lack of privacy in email & especially with this system!) Although I didn't turn out to need these documents in court, the client found out about them because we were required to show each other our paperwork.
I did not delete any emails, I never saw any emails that had been opened, I never forwarded them to anyone else, I only printed out information that supported my case and that I had no other way of discovering (this was in Small Claims, no discovery!) I knew the server address & password information, so they obviously didn't change it after working with me. Considering that I have now destroyed all copies of those emails, since my case is over, is there any way I can get in trouble over this?
3 Answers from Attorneys
Re: Email privacy
It really depends on whether they suffered any damages as a result of your deleting the e-mails among other considerations-Martin
Re: Email privacy
You may be liable under a theory of trespass to chattels. OTOH, you probably did not violate the law against intercepting wire communications, because the e-mails had already arrived at their destination before you obtained them.
If the client suffered damages as a result of what you did, they could sue you. If not, the governing principle in law ("damnum absque iniuria") is the same as in basketball ("no harm, no foul").
Re: Email privacy
How about invasion or privacy, federal and state wiretap felony, and a few others that come to mind? You better hire yourself a good lawyer to help you minimize the damage and defend you civilly and criminally if they pursue their claims. By the way, by posting this inquiry, you also probably further admitted your guilt. Call if interested. 714-960-7584
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
