Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Friday, October 9, 2009

Invasion of Privacy Tort(s) in Texas

WHICH INVASION-OF-PRIVACY CLAIMS ARE ACTIONABLE IN TEXAS? Invasion of privacy consists of four separate torts, each protecting a different privacy interest: (1) unreasonable intrusion upon the seclusion or private affairs of another; (2) unreasonable publicity given to an aspect of one's private life in which the public has no legitimate concern; (3) publicity that unreasonably places another in a false light before the public; and (4) unwarranted appropriation of one's name or likeness. See Billings v. Atkinson, 489 S.W.2d 858, 860 (Tex. 1973). The Texas Supreme Court has recognized the first and second types of invasion of privacy, indicated probable acceptance of the fourth, and expressly declined to recognize the third. See Cain v. Hearst Corp., 878 S.W.2d 577, 578 (Tex. 1994). SOURCE: 03-07-00149-CV (10/7/09) (Austin Court of Appeals)