Legal Question in Credit and Debt Law in Massachusetts

Invasion of privacy

A document from our mortgage company's law office was mailed incorrectly to our neighbors residence. Our address is the same except we have a letter with the number as well. I don't know how the envelope was addressed because the neighbor did not return it. The neighbor opened the mail and read thru the eight page letter and it expressely stated that the property was to be foreclosed on with an expected sale date. Our names were on the second page. She then called the law firm to tell them she received the document and they spoke to her regarding the document and information contained. She approached me regarding this information and stated that she called the sender because she thought it was refering to her property. She did not have the document at the time she approached me and she had held onto it for a period of 7-10 days. I asked her to return it as I did not receive a copy. She was told by the law firm that they also sent a copy to us as well because they sent it out shotgun. I do feel that my rights to privacy have been voilated. Do I have a right to sue the offending parties in this case?


Asked on 6/28/07, 11:57 pm

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Invasion of privacy

Interesting question. Since the Supreme Judicial Court of Massachusetts has never really determined whether a common law invasion of privacy action exists under Massachusetts law, your question is governed by Massachusetts General Statutes Chapter 214, Section 1B. Under Massachusetts law, a person has a right to be free from unreasonable and substantial interference with his/her privacy. This notion of privacy is founded on the idea that individuals may protect certain documents and private conduct which are no business of the public and the publicizing of which is, therefore, offensive. One might argue, quite effectively, that since the judicial process of foreclosing on property is within the public purview, there can be no unreasonable and substantial interference with any legitimate expectation of privacy. However, most invasion of privacy actions are determined on a case by case basis, per the holding of the Supreme Judicial Court of Massachusetts. Feel free to contact my office for a specific analysis of your fact situation.

Read more
Answered on 6/29/07, 2:55 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts