Legal Question in Civil Litigation in New Jersey
Spy Cam hidden in Dept Store dressing room
I recently visited a clothing Dept Store and was trying on some new clothes in the dressing room. As I was done trying on the new clothes after approx 1/2 hour I noticed several pinholes in the ceiling. In one of the holes I could see a glare. I stood up on the seat and lifted the ceiling tile and found that it was a wireless mini spy cam. I immediately found the manager and asked him to contact the police. Police arrived and asked the manager to see the store surveillance monitors. Police found nothing linked to the wireless camera to the store monitors. All of the store cameras were wired cameras. The manager told police it was probably someone that came in the store and set it up and were probably watching the camera from a monitor in a parked car outside the store. The police took a report and that was the end of story. I contacted the Police Dept 3 weeks after the incident and they told me it was still an ongoing investigation. They told me that the store wasn't responsible because the public had access to the dressing room. And most likely nothing will come out of it because there was no arrest, no witnesses etc. I just want to know if the store is responsible and if I could start legal proceedings against them? Thank You
1 Answer from Attorneys
Re: Spy Cam hidden in Dept Store dressing room
Your anger at the invasion of your privacy is understood. I assume from the tone of your question that you are interested in doing the right thing.
The store has an obligation to take reasonable measures to protect your privacy. That is why they provide closed dressing rooms. Unless you are convinced that the store is complicit in breaching that duty, I would advise you against taking any action against them. If you did sue, you might recover something in the nature of nuisance value, but this would do nothing to change the behavior of anyone.
If you do find the perpetrator, go to it.
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