Legal Question in Civil Litigation in Texas
fraudulent use of identifying information
4 children (ages 12 and 13) created a myspace posing as my daughter (who is also 12) and they posted 5 photographs of her, displayed her personal cell phone number in the profile page for everyone to see, and added 5 male ''friends'' to this myspace whom she does not know. Additionally, they wrote comments which attacked her nationality, sexuality and personality, i.e. ''mexican pride even though my mom is white'', ''I'm gay'', ''I do drugs'', Name of my daughter ''sucks balls'' - my daughter is an intermidate school cheerleader, consistent A/B honor roll, appointed to represent her school at the DARE rally in Austin, Texas, an National Charity League community volunteer - she's not a high risk and/or trouble causing student - the 4 kids ahve admitted in writing to this incident. Should I forward this to the Harris County Texas D.A. and if so what kind of criminal case can be filed against these juveniles - also, what legal issues, if any, do I have for a civil case against the creator/girl's parents who typed and publicized this myspace? Do I have a possible case against myspace for providing the medium/avenue for this incident to occur in the first place? Thank you for your assistance.
3 Answers from Attorneys
Re: fraudulent use of identifying information
As long as MySpace took action within a reasonable time, you don't have a claim against them because they didn't post this. I can't think of a criminal offense, but there may be something specific to the Internet. You can definitely pursue a civil action for defamation and probably more. But you should have an attorney research the facts to determine what you can prove. It may be that the kids posted the content themselves.
Re: fraudulent use of identifying information
Let MySpace know there's been a serious invasion of privacy and libelous posting. They should remove it immediately.
You definitely have a civil action against the posters, and possibly their parents. See an attorney.
Re: fraudulent use of identifying information
Certainly one of the most important issues in a potential civil case (after proving all the allegations) is whether one or more of the parents could pay a judgment. If one or more of the parent (or perhaps the child has funds or property) can pay the price, you should be able to find an attorney interested to help you. If you want my help on this case, contact me by email.
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