Hidden Spy Camera Lawsuit Lawyers

If you have been the subject of a photograph or video taken without your permission, you need the help of a hidden camera lawsuit lawyer. The Buckfire Law Firm has a team of top-rated personal injury attorneys with the skill and experience to get you a great settlement.

• Typical Locations for Hiding a Video Camera
• How do I find a Hidden Camera?
• When is a Hidden Camera an Invasion of my Privacy?
• Laws Regarding Hidden Video Cameras in Public Places
• Laws Regarding Hidden Video Cameras in the Home
• Can I Sue if I was on a Video Spy Camera?
• What is the Statute of Limitations for Filing a Case?

What is a Hidden Camera?

A hidden camera is a video device that is concealed so that the subject is unaware or the recording. Hidden cameras are becoming more common in private domestic spaces, such as homes and apartments, as well as in restaurants and retail establishments.

Surveillance cameras have been used for years in places like convenience stores and other retail areas, as well as places like museums, largely as theft-prevention measures or safety measures for employees. For example, at convenience stores and 24-hour gas stations, the installation of security cameras or surveillance equipment can prevent theft and keep workers safe from a robbery attempts.

Similarly, surveillance systems in places like museums and various kinds of high-end retail stores are aimed at theft-prevention—to ensure that nothing goes missing from the space, and if it does, to provide information about the potential thief.

Yet as technology continues to improve, more people and places are investing in surveillance technology. For example, many families are buying “nanny cams” to check up on babysitters or cleaning staff in their homes.

At the same time, people who rent out rooms or entire properties on Airbnb are turning to similar surveillance setups in order to ensure that their properties are not damaged by guests. However, there is never a reason for a “Peeping Tom” to watch you in private moments.

While use of hidden cameras certainly has increased in recent years, so have hidden camera lawsuits and invasion of privacy claims. Hidden cameras can cause various types of harm, especially when the footage is used against a person who has been recorded without consent.

Common Places Where Hidden Cameras are Installed

Hidden cameras can be installed in a wide variety of places, and many of them might not be locations that you would immediately think to check. Examples of general places where a hidden camera may be installed includes but is not limited to:

• Hotel rooms;
• Airbnb rooms and apartments;
• Retail store dressing rooms;
• Public restrooms;
• Gym locker rooms;
• Tanning salons; and
• Healthcare facilities.

Typical Locations for Hiding a Video Camera

According to an article in Forbes, it may be especially difficult to identify the location of a hidden camera or other visual surveillance technology. The following are some especially common places where people might try to hide a hidden camera in an Airbnb, in a hotel room, or in another location:

• Inside clocks, including alarm clocks and clocks on the wall;
• Inside smoke detectors;
• Inside a stuffed animal, such as in the eyes of a teddy bear (which is particularly common for nanny cams);
• Inside an electric outlet;
• Inside air filters;
• Inside books;
• Inside plants or other pieces of décor;
• Inside pens;
• Inside a picture frame; and
• Inside a mirror.

How do I find a Hidden Camera?

Knowing how to locate a hidden camera can be difficult given that these devices are often created so that they can be hidden in plain sight without someone realizing it. According to the Forbes article, as well as an article from Safety.com, the following are some ways to discover whether hidden cameras have been unlawfully installed and whether you may have a claim:

• Look for anything that seems out of place or does not appear to be functioning as it should. For example, is an alarm clock in a strange place or a smoke detector that does not seem to be functioning like a smoke detector?
• Turn off all of the lights in a room and use the flashlight on your smartphone to look for reflective surfaces. According to the Forbes article, “most camera lenses, even tiny ones, reflect light.” Accordingly, your smartphone flashlight should pick up a reflection.
• Download an app to look for any devices that are transmitting information.

Examples of apps include “Don’t Spy,” “Fing,” “Glint Finder,” “Detectify,” and “Spy Hidden Camera Detector.”

• Ask the property owners if there are any hidden cameras in the property. If someone reacts oddly, you may have a reason to be concerned.
• Purchase a hidden camera detector. These detect hidden cameras even when they are operating on other networks than the Wi-Fi network you are using.

What should I do if I Find a Hidden Camera?

Consider the following steps if you locate a mysterious hidden camera:

• Take a photograph of the hidden camera;
• Photograph the hidden camera in a longer shot that shows the location where the hidden camera was placed;
• Remove or cover the camera;
• Contact the owner of the Airbnb (or a manager of the property) as soon as possible; and
• Speak with a lawyer about filing a legal claim.

When is a Hidden Camera an Invasion of my Privacy?

Invasion of privacy is an intrusion into the personal life of another person without consent. This includes the “intrusion of solitude,” in which a person has a reasonable expectation of privacy.

When a camera or video camera is used to record someone in a situation where privacy is expected, it can be considered an invasion of privacy. It must be established that the victim had a reasonable belief that no one would be photographing or recording them in the setting.

For example, a hidden camera could be placed inside a common object within a residence so that anybody in the space does not recognize the visual recording device as a hidden camera. Cameras can also be hidden in public restrooms, businesses, and sometimes even public spaces where a person does not recognize the recording device as a camera.

Laws Regarding Hidden Video Cameras in Public Places

There are multiple different laws that can affect hidden video camera rights and invasion of privacy claims. Generally speaking, it is lawful to have hidden cameras in public places because people in those spaces have no “reasonable expectation of privacy.”

In short, privacy laws generally say that we each have a “reasonable expectation of privacy,” or a “right to be left alone.” Accordingly, another person cannot do something to invade your reasonable expectation of privacy or your right to be left alone.

In a public space, such as a city park or on a sidewalk, people do not have a reasonable expectation of privacy. However, even in some parts of public spaces, there is a reasonable expectation of privacy. For example, a hidden camera is unlawful in a public restroom.

Laws Regarding Hidden Video Cameras in the Home

 When a person places a hidden camera—often referred to as a “nanny cam”—in his or her own home, this kind of hidden camera placement generally is legal. To be clear, you are generally permitted to record visual images in your home without getting consent from anyone who comes into your home.

Similarly, you do not need to post information about the fact that you have a hidden camera, and you do not need to alert anyone who comes into your house or apartment that you have installed a video recording device. However, laws certainly vary from state to state, and you should never assume that you have a right to record another person, and certainly to disseminate any of the images from the recording, without that person’s permission.

Most states permit people to have hidden cameras within their own homes and do not require any notice of a hidden surveillance system. Yet, there are some limitations to a person’s right to install a hidden camera within their own home in some states.

For example, Michigan law (MCL 750.539(a) and MCL 750.539(d)) makes it unlawful to “install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.”

The Michigan statute defines a private place as one in which a person “may reasonably expect to be safe from casual or hostile intrusion or surveillance. Thirteen other states have similar laws.

Most laws do not prohibit a homeowner from installing a nanny cam in general, such as in a living room, kitchen, or child’s bedroom. It does prohibit installing a nanny cam in an area of the house where a person is entitled to privacy, such as in a bathroom or bedroom.

Laws Regarding Hidden Video Cameras in Businesses

While business owners have a right to use hidden cameras in places like restaurants, gyms, or retail stores, they must still not invade on a person’s privacy. For example, a health club can use a video in the workout area but certainly not in the locker room.

Likewise, a hotel can hide cameras in the lobby and other areas, but not in the guest bedroom or bathroom. Indeed, in a hotel or Airbnb, people certainly have a reasonable expectation of privacy. If you are renting a space in which you are expecting to have privacy—i.e., a reasonable expectation of privacy—you cannot lawfully be recorded with a hidden camera.

Can I Sue if I was on a Video Spy Camera?

If your privacy was invaded by a hidden camera, you may be able to file a hidden camera lawsuit. The most frequent legal theories used in these cases are based upon:

• The legal theory of negligence;
• Negligent infliction of emotional distress
• Intentional infliction of emotional distress
• An invasion of privacy claim.

With a negligence claim, the person whose privacy was violated may be able to file a lawsuit against a variety of parties depending upon the specific facts of the situation. For example, a hotel chain for an employee with a history of similar acts or for the failure to do a proper background check before hiring the person.

Airbnb may be held liable if it failed to take steps to ensure that a dangerous homeowner with a history of hidden cameras or had a criminal record for sex offenses was not renting spaces, Airbnb may be liable in a negligence lawsuit.

The same holds true for owners of health clubs, gas stations, massage parlor tanning salons, or any other place where customers do not expect to be recorded by anyone. Many of these cases are based upon theories commonly used in premises liability lawsuits.

In addition to a negligence claim, the victim can sue for the invasion of privacy.  Section 652 of the Second Restatement of Torts defines an Intrusion Upon Seclusion claim as:

“One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy if the intrusion would be highly offensive to a reasonable person.”

The claim “consists solely of an intentional interference with his interest in solitude or seclusion, either as to his person or as to his private affairs or concerns, of a kind that would be highly offensive to a reasonable man.”

If the party who placed the hidden cameras later disseminates that information on the internet, the injured party also may be able to file a civil claim related to internet crimes or sex crimes. You should discuss your options with a lawyer.

Examples of Famous Hidden Camera Lawsuits

In recent years, many hidden camera lawsuits have arisen as a result of hidden surveillance technology inside Airbnbs, hotels, and other locations. The following are examples of some of the cases that have become famous and newsworthy:

• Fox Sports reporter Erin Andrews brought a lawsuit against a stalker, who recorded a video of almost five minutes of her in a Nashville Marriott hotel room with a hidden camera, according to an article in CNN Business. As that article explains, Andrews experienced severe psychological trauma as a result of the incident. The jury found the stalker and the hotel liable and awarded Andrews $55 million.
• Unnamed woman filed a lawsuit against Hilton Worldwide for $100 million, alleging that an employee at a Hampton Inn and Suites in Albany, New York, installed a hidden camera in her hotel room “to record her in the shower during the summer of 2015,” according to an ABC News report. The woman alleged that the employee later attempted to blackmail her with the footage. According to the lawsuit, the employee contacted her with a link uploaded to a pornographic website, and ultimately “the video of her was posted on at least a dozen pornography sites by the end of the ordeal.”
• A German tourist in California filed a lawsuit against Airbnb after finding hidden cameras in the space she was renting, according to an article in The Atlantic. In her complaint against Airbnb, the woman indicated that she has concerns that “images of her exist in electronic form and could make their way onto the Internet or some other medium.” The incident occurred in 2013, and Airbnb settled the lawsuit in 2015 for an undisclosed amount. The article cited a number of other cases in which Airbnb guests found hidden cameras in Airbnb properties, in spaces from bathrooms and bedrooms to living rooms, with Airbnb failing to settle the cases prior to a lawsuit.
• An unnamed couple—John Doe and his boyfriend—filed a lawsuit against a property owner in San Diego who rented a converted garage apartment through Airbnb, according to a report in NBC San Diego. The couple filed a lawsuit against the homeowner for “invasion of privacy, inflicting emotional distress, distributing sexually explicit materials, distributing the videos, and more.” The couple found a total of three hidden cameras on the property, including two in “small holes in the bathroom” and “one in the ceiling of the bedroom.”
• Johns Hopkins Community Medicine agreed to a $190 million settlement after more than 7,000 women came forward to report that a gynecologist had secretly recorded their pelvic exams with a hidden camera in a pen he wore around his neck, according to an article in The New York Times. The claim was settled in 2014, more than a year after the obstetrician/gynecologist was terminated from his position. The settlement came after a class-action lawsuit against Johns Hopkins.
• A mother and her two daughters, “Janes Does,” filed a lawsuit against a former employee of a Moe’s Southwest Grill in Wilmington, Delaware over a hidden camera he placed in the restaurant bathroom, according to a report in the Insurance Journal.

What are the Damages and Compensation Amounts?

You may be eligible for different types of damages, including compensatory damages and, in some cases, punitive damages. Compensatory damages can consist of both economic and non-economic damages.

For example, if you have had to seek psychological counseling and have been unable to work as a result of your emotional distress from the hidden camera incident, you may be able to obtain economic damages to compensate you for medical bills and lost wages. When it comes to non-economic damages, plaintiffs routinely seek and are awarded damages for emotional distress.

Every case is different and there is no set compensation amount. Your settlement payout will depend on the seriousness of the offense, the liability of the business, and how you have been affected by the invasion of your privacy. Our lawyers will help you win a top settlement.

What is the Statute of Limitations for Filing a Case?

The statute of limitations in a hidden camera lawsuit will depend upon two major things — the legal theory of your claim and the state in which you are filing the claim.

For example, a claim under a theory of negligence may have a different statute of limitations than a claim brought for an invasion of privacy or a theory of intrusion upon seclusion.

In Michigan, for example, most civil claims brought under a theory of negligence must be filed within three years from the date of the incident giving rise to the lawsuit (MCL 5805). The limitations periods are different in every state so it is important to seek legal advice immediately.

Contact a Hidden Camera Lawsuit Attorney

At the Buckfire Law Firm, we are dedicated to helping plaintiffs who have suffered a legal injury from an unlawfully placed hidden camera. Contact us now to find out if you are eligible for a settlement. Our lawyers are friendly and eager to help you.

We charge no legal fees unless you get a settlement recovery. And, we pay all of the case costs and expenses. It costs nothing to start your case so call us now!