Legal Question in Consumer Law in Texas

consumer protection

I am a 48 year old woman living in a very small town in Texas. At a local Dollar General Store I purchased approximately $37.00 worth of merchandise, one of the purchases being 2 packages of condoms (different sizes) which are kept behind the register. I was approached by an aquaintance who informed me that the Sales Associate from the Dollar General was discussing what I had bought at a local bar jokingly referring to the two different sizes. Like I said, I live in a very small town with an extremely conversative employer and I don't know this Sales Associate and am extremely upset about the situation. Please advise.


Asked on 11/18/08, 6:05 am

2 Answers from Attorneys
Scott Kinsel Law Offices of Scott C. Kinsel, P.C.

Re: consumer protection

I'm sorry this happened to you. I do not think there is a viable civil claim in Texas against the Dollar General or the Sales Associate for libel or slander. Truth is an absolute defense to those claims. Assuming the sales associate was telling the truth, it would be difficult to meet your burden of proof.

Alternatively, in Texas there is a cause of action for public disclosure of private facts when a person gives publicity to matters concerning a plaintiff's personal life that would be highly offensive to a reasonable person of ordinary sensibilities and the matter publicized is not of legitimate concern to the public.

While you don't have a claim against Dollar General because the sales associate was not acting within the course and scope of his employment, you do have a viable claim against the associate for public disclosure of private facts or intentional infliction of emotional distress.

Regards,

Scott Kinsel PC *

Moore Landrey LLP *

www.moorelandrey.com *

http://www.moorelandrey.com/ML/ScottCKinsel

Read more
Answered on 11/18/08, 7:37 am
Scott Kinsel Law Offices of Scott C. Kinsel, P.C.

Re: consumer protection

I'm sorry this happened to you. I do not think there is a viable civil claim in Texas against the Dollar General or the Sales Associate for libel or slander. Truth is an absolute defense to those claims. Assuming the sales associate was telling the truth, it would be difficult to meet your burden of proof.

Alternatively, in Texas there is a cause of action for public disclosure of private facts when a person gives publicity to matters concerning a plaintiff's personal life that would be highly offensive to a reasonable person of ordinary sensibilities and the matter publicized is not of legitimate concern to the public.

While you don't have a claim against Dollar General because the sales associate was not acting within the course and scope of his employment, you do have a viable claim against the associate for public disclosure of private facts or intentional infliction of emotional distress.

Regards,

Scott Kinsel PC *

Moore Landrey LLP *

www.moorelandrey.com *

http://www.moorelandrey.com/ML/ScottCKinsel

Read more
Answered on 11/18/08, 7:37 am


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