Maryland Divorce Privacy Violations: Sue for Illegal Surveillance & Stalking

In a high-conflict Maryland divorce, invasion of privacy often occurs when one party seeks leverage and information by any means possible.  However, there is a distinct legal line between gathering evidence, illegally invading privacy and committing a crime.  At Whitney LLP, we represent clients in connection with Maryland divorces where spouses, private investigators and other parties resort to illegal tactics to gain an advantage.

From hidden GPS trackers illegally placed on vehicles by spouses or private investigators, illegal audio recordings captured in the home, to hidden cameras and the unauthorized disclosure of intimate images intended to cause professional and personal ruin, these are not just “dirty divorce tricks.” They are serious violations of Maryland’s invasion of privacy laws that Whitney, LLP has experience fighting back against. While your family law attorney manages divorce proceedings, Whitney LLP provides the aggressive litigation necessary to hold the wrongdoer accountable and recover the monetary damages and other legal remedies you may be entitled to for the invasion of your privacy and other illegal conduct.

While your family law attorney handles your divorce, Whitney LLP’s divorce invasion of privacy lawyers handle the lawsuit against the person who spied on you and violated your legal rights.  We offer Free Case Evaluations and represent clients across Maryland, including Baltimore, Towson, Annapolis, Rockville, Greenbelt, Bethesda, Hagerstown and Ocean City. 

Call us now at 410 583 8000 or use our online Quick Contact Form.  

Watch our Youtube video on being Recorded Without Consent, and to see our other practice areas.

These other practice areas and results of Whitney, LLP also involve recording and consent issues:

• Secret Recording / Maryland Wiretapping Claims
• $260,000 Revenge Porn Lawsuit Settlement

Has Your Privacy Been Invaded During a Divorce or Custody Battle?

The fallout from betrayal by a spouse, former spouse or partner through illegal surveillance, secret recordings, unauthorized access to personal and work information, and the non-consensual disclosure of private information extends far beyond a divorce or the courtroom,.  These betrayals often result in long-lasting personal, professional, and psychological harm, including anxiety, hyper-vigilance, and a profound loss of personal safety.

In cases of unauthorized intimate image disclosure, the harm can be almost irreversible, and can follow a victim for years in-person and online. Maryland law and federal law both recognize that these are not just minor slights; they are willful actions that cause genuine anguish, humiliation, and shame.  For example, federal law considers the unauthorized distribution of intimate images so serious that damages are legally determined to be at least $150,000, plus the recovery of attorney’s fees.

At Whitney LLP, we help victims quantify the intangible suffering and consequences from a divorce invasion of privacy into monetary damages and accountability.

The most important thing for victims of illegal surveillance and divorce invasion of privacy is to understand that they have significant legal rights and can fight back and hold the wrongdoer responsible. 

Privacy Torts: When Spousal Spying Becomes Illegal 

Maryland law protects your “reasonable expectation of privacy,” including during a divorce. If your spouse, their private investigator, or even their lawyer participated in illegal surveillance, they can be held liable for civil damages.

1. Illegal GPS Tracking on Your Vehicle

Finding a tracker on your car is a violation of your safety and your rights. In Maryland, invasion of privacy is a valid legal claim when someone secretly monitors your movements 24/7 despite a reasonable expectation of privacy.

• The Law: Secretly installing a GPS device on a vehicle you primarily operate can constitute stalking and a civil invasion of privacy.

• Who We Sue: We can pursue damages against the spouse who ordered the tracking, the private investigator who installed it, and any party that facilitated the intrusion.

We have experience representing clients who were subjected to secret GPS tracking devices in their vehicles.

2. Audio Wiretapping & Secret Recordings

Maryland is a “Two-Party Consent” state. This means it is a felony—and a civil tort—to record a private conversation unless everyone involved agrees to be recorded.

• The Violation: Hiding a voice-activated recorder in a car, bedroom, or “bugging” a phone.

• The Remedy: Under the Maryland Wiretap Act, victims can recover $1,000 or $100 per day of violation (whichever is greater), plus attorney’s fees and punitive damages to punish the behavior.

Whitney, LLP has experience with wiretapping violation claims and holding wrongdoers accountable.  Read more about the Maryland Wiretap Act in Whitney, LLP’s blog.

3. Unauthorized Intimate Image Disclosure (“Revenge Porn”)

The threat of sharing private, intimate images is a common tactic used to extort or humiliate a spouse during a breakup.  Based on the increased number of inquiries to our office, the unauthorized distribution of intimate images appears to be occurring with increasing frequency, not just in divorces, but also in casual relationships in which one party betrays trust and confidence.

• Civil Lawsuits: Maryland and federal law allow victims to sue for the non-consensual distribution of intimate imagery. We help victims recover compensation for emotional distress, reputational damage, the “takedown” cost to remove those images from the internet, and other applicable damages.  Due to privacy concerns, these cases can be filed anonymously as “John Doe” or “Jane Doe.”

Whitney, LLP has experience successfully representing clients whose trust was betrayed after explicit intimate images were uploaded and shared across the internet.

For Maryland Family Law Practitioners

Does your client suspect they are being tracked? If you uncover evidence of illegal wiretapping or GPS surveillance, unauthorized digital device access, or other invasions of privacy, your client has a separate civil cause of action that can be very beneficial for a number of reasons.

Whitney LLP accepts referrals and works with Maryland divorce attorneys.  We handle the civil litigation so you can focus on the domestic case. We represent clients across Maryland including but not limited to in Annapolis, Baltimore, Towson, Silver Spring, Columbia, Frederick, Gaithersburg, Germantown, Rockville, Laurel, Ellicott City, Salisbury, Ocean City and Cumberland.

Understanding the Four Types of Invasion of Privacy Claims in Maryland

In Maryland, “Invasion of Privacy” is not just a general term; it is a specific legal tort that embraces four distinct causes of action. In a high-conflict divorce, a spouse’s “spying” or “harassment” often falls directly into one of these categories, among other legal violations.  At Whitney LLP, we have experience evaluating facts to determine which of these invasion of privacy claims can be brought to fight back, secure your rights and recover damages.

1. Intrusion Upon Seclusion

This is the most common claim in domestic disputes. It involves an intentional intrusion into a private place or your private affairs in a way that would be “highly offensive” to a reasonable person.

• In Divorce: This includes hiding GPS trackers on your car, installing hidden cameras in your home, or using audio recording devices to intercept private conversations without your consent.

2. Unreasonable Publicity Given to Private Life

This claim arises when someone gives publicity to private facts about you that are not of valid public concern and are highly offensive.

• In Divorce: This often applies to “Revenge Porn” or the unauthorized sharing of intimate images. It can also include a spouse publicly disclosing your private medical records, financial struggles, or familial secrets to humiliate you or damage your reputation.

3. Placing a Person in a False Light

A “False Light” claim occurs when a person gives publicity to a matter that places you before the public in a way that falsely characterizes you. While similar to defamation, it focuses on the offensive nature of the false characterization.

• In Divorce: If a spouse uses social media to falsely portray you as an unfit parent, a substance abuser, or a criminal to a broad audience, they may be liable for placing you in a false light.

4. Appropriation of Name or Likeness

This involves the intentional use of your name or image for the defendant’s own benefit, typically commercial.

• In Divorce: While less common in domestic cases, this can occur if a spouse uses your identity or signature to open credit accounts, apply for loans, or manage business interests without your authorization for their own financial gain.

Frequently Asked Questions (FAQ) for Divorce Invasion of Privacy Claims

Is secret GPS tracking legal if both spouse’s names are on the car title? Even if the vehicle is owned jointly, each spouse has a “reasonable expectation of privacy” in their daily movements. Constant surveillance can be “highly offensive to a reasonable person,” regardless of who owns the car.

Can I sue the private investigator directly? Yes. Private investigators must certainly comply with the law.  If a Maryland private investigator breaks Maryland’s wiretapping or privacy laws, the individual investigator as well as their business may be held accountable.  Engaging in illegal activity may also put their professional license at risk.

My spouse secretly recorded our conversation, can they use it in the divorce?  Illegally obtained recordings are generally not admissible evidence.  However, the spouse who was illegally recorded can use the recording as evidence to being an illegal wiretapping lawsuit and other claims.

Daniel W. Whitney, Jr. and Daniel W. Whitney, Sr. of Whitney, LLP

Maryland Divorce Invasion of Privacy Lawyers – Whitney, LLP

At Whitney LLP, we represent victims of high-tech stalking and privacy invasions. If you discovered a tracker, a bug, or unauthorized photo sharing, you may be entitled to significant monetary compensation.

If you discover you are being watched, recorded, or tracked, do not wait. Digital evidence can disappear quickly and legal preservation action should be taken as soon as possible. Contact the Maryland divorce invasion of privacy attorneys at Whitney LLP today.

Call us now at 410 583 8000 or use our online Quick Contact Form.