Legal Question in Technology Law in Massachusetts

Hello, I am a British citizen living in Greece. I am currently registered as a professional photographer on a website (based in Boston, MA) where users log on and pay for critiques of their photos. The administrators guarantee the users a 24-hour turnaround time for every photo uploaded. I suspect that the administrators may have fumbled the notification process and when I was asked to do a critique they did not notify me. So as not to default the guarantee it seems they logged on to my account and filled in the critique (and not very well might I add) on their own. I have e-mailed them about this and am currently waiting for a reply. If it turns out this is true, is there any legal action I could take?


Asked on 2/20/12, 12:10 pm

1 Answer from Attorneys

Your best way forward is to send them a cease and desist letter from responding to anyone in your name. Ask that they disclose to the subscriber an error with an apology to both you and the customer. You could then send a corrected evaluation to the customer.

Such an action is a deceptive business practice under MGL c 93A. However, while I am sure you can get an injunction prohibiting them from doing such an action in the future, there is no guarantee you could recover your legal fees or other damages. Practically, other than legal fees what is the value of the damage to your reputation and how can it be proven.

I would simply send by certified mail or DHL/ Fed EX a cease and desist letter and a demand for a disclosure to the customer with a copy to you and a demand for an appology to both you and the customer. You might suggest a refund to the customer as well.

Good luck and if would like further assistance, please feel free to contact me.

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Answered on 2/20/12, 12:32 pm


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