Question about being quoted by name in an article

[PugnacAutMortem]

So I have a situation where I was quoted in an article about my company. The problem is now I could potentially be in hot water with my company because they have a strict no talking to the press policy. The hell of it is that in this conversation with this person, she did not tell me she was going to quote me, that she was even writing an article about my company nor did she ask my permission to quote me by name.

What are my options here? Can she legally do that?

[Great-Kazoo]

call editor of media.
FWIW: ANYTHING you say to a reporter / media gets printed, minus the obscenities. My phone rang for 2-3 days after an article came out 15-20 years ago, quoting something i said.

[PugnacAutMortem]

call editor of media.
FWIW: ANYTHING you say to a reporter / media gets printed, minus the obscenities. My phone rang for 2-3 days after an article came out 15-20 years ago, quoting something i said.

She didn't identify herself as a member of the media though. We were just having a conversation and then all of a sudden a couple days later one of my coworkers came up to me and said she found an article about our company quoting me in it. I didn't even know I was speaking to someone who was going to write an article. And it would be one thing if she just said "I spoke to an employee at ..." but she named me by name.

[cstone]

Sorry to hear that. Was she a total stranger?

Good object lesson: Don't say anything to anyone you aren't willing to stand by.

I think we all learn that lesson at some point. I am a slow learner and have been fed many of the things I've said in the past...repeatedly.

[PugnacAutMortem]

Total stranger.

Definitely lesson learned...however I still could potentially lose my job over this. My google-fu isn't so great today apparently, because everything I try searching for brings me to copyright laws...but is there any recourse I can take on this lady? I'm waiting to see what my PR department wants to do, but if I lose my job over this I am going to want to take some recourse on this lady and probably my company as well. I just can't tell if she legally can do what she did or not.

[cstone]

Consult an attorney.

This would seem to be like having your photograph taken in public. You have little recourse as long as the news outlet does not misrepresent or distort what you said. I would expect that if she is a journalist, she was probably recording your conversation. Colorado is a one party consent state, so she has no obligation to notify you that she is recording.

[Madeinhb]

Not quite sure but if she was recording - she needs your permission. Was she writing notes while you were talking? Was she asking those questions that reporters ask?

[PugnacAutMortem]

Consult an attorney.

This would seem to be like having your photograph taken in public. You have little recourse as long as the news outlet does not misrepresent or distort what you said. I would expect that if she is a journalist, she was probably recording your conversation. Colorado is a one party consent state, so she has no obligation to notify you that she is recording.

I definitely will talk to an attorney. I think it's different than having your picture taken in public because she is quoting me as a representative of the corporation as opposed to what our convo really was, a convo between two individuals. Plus, you have a certain anonymity if you just randomly have your picture taken in public.

I don't know, I'm just freaking out a bit because we are in the process of buying a house and I CANNOT lose my job.

[hatidua]

Not quite sure but if she was recording - she needs your permission.

-not necessarily.

[OneGuy67]

As CStone mentioned, we are a one party consent state, so as long as she was aware she was recording the conversation, she didn't need to tell you.

Sent from my DROID RAZR using Tapatalk

[PugnacAutMortem]

Not quite sure but if she was recording - she needs your permission. Was she writing notes while you were talking? Was she asking those questions that reporters ask?

It was a phone conversation so I'm not sure about any notes. But she was calling as a frustrated customer, so that was pretty much the tone of our conversation. We actually had a pleasant conversation about the issue though, so I don't know what possessed her to write an article and use my name.

[KevDen2005]

Not quite sure but if she was recording - she needs your permission. Was she writing notes while you were talking? Was she asking those questions that reporters ask?

Not in Colorado

[ChunkyMonkey]

Sorry to say, unless she misquoted you, there is very little recourse.

[rbeau30]

Colorado is an At-will state too so they really don't have to have a reason for dismissing you even though, I would say if you truly did not know she was a reporter then they shouldn't fire you for talking to the press if you didn't know you were talking to the press.

[DireWolf]

So here's my take on this - there's nothing you can do about being quoted from a conversation, and it comes down to whether you said something you shouldn't. There's a difference between just being quoted and accepting a press-interview, as long as you didn't actually accept a press-interview or knowingly speak to a reporter, I would think you have good argument. I've even been quoted by reporters who weren't even present for a conversation, but based their quotes (not always very accurately) on articles written by yet other reporters (not really a big deal for me, but nothing I could do about if it was)......

[Zundfolge]

It was a phone conversation so I'm not sure about any notes. But she was calling as a frustrated customer, so that was pretty much the tone of our conversation. We actually had a pleasant conversation about the issue though, so I don't know what possessed her to write an article and use my name.

Take the article directly to your boss and explain the situation. You didn't "talk to the media" you were dealing with what you thought was a customer and were duped by a shady "journalist".

Remember, its not the crime that gets you burned, its the cover-up.

[mtnrider]

Take the article directly to your boss and explain the situation. You didn't "talk to the media" you were dealing with what you thought was a customer and were duped by a shady "journalist".

Remember, its not the crime that gets you burned, its the cover-up.

I am guessing he may have said something derogatory or negative about the company so this may get him fired either way.

[rbeau30]

You didn't claim to this person on the phone that you were a pornstar did you?

http://youtu.be/mlnaLkkuThA

[Zundfolge]

I am guessing he may have said something derogatory or negative about the company so this may get him fired either way.

If that's the case then he really needs to head it off at the pass and call the accuracy of the quote into question.

[PugnacAutMortem]

I am guessing he may have said something derogatory or negative about the company so this may get him fired either way.

Not at all actually.

[Great-Kazoo]

It was a phone conversation so I'm not sure about any notes. But she was calling as a frustrated customer, so that was pretty much the tone of our conversation. We actually had a pleasant conversation about the issue though, so I don't know what possessed her to write an article and use my name.

All Calls are monitored for your convenience, Yes or No?

[spqrzilla]

No recourse. If she said she was a disgruntled customer, and you spoke to her in the course of your job, you don't appear to be in violation of any policy.

[Jim B]

...she was calling as a frustrated customer...

Would your employer view it as bad that you were speaking to someone who you thought was a customer? (I.e., not a reporter.) Generally, speaking to customers isn't viewed by most companies as being a bad thing. Ignoring customers isn't looked upon so kindly...

[sniper7]

So do you have the article? What was said? Were you quoted as disliking your company or bad mouthing them or something to that effect? It could be nothing, it could be something to take to your boss and tell them what happened. either way you don't have much of a leg to stand on. Colorado is a one party state when it come to recording and an at will state when it comes to employment, unless you have a union.

[Badger]

The wife's Google-Fu is very strong and she found this: https://ilt.eff.org/index.php/Right_of_Publicity (https://ilt.eff.org/index.php/Right_of_Publicity) Not sure if this fits or not, and also not an attorney but hopefully some info here will be at least beneficial as a step in the right direction.

From the link:

To make out a publicity rights claim under the common law, a plaintiff must plead and prove that a defendant "(1) used plaintiff’s identity; (2) appropriated plaintiff’s name and likeness to defendant’s advantage, commercial or otherwise; (3) lack of consent; and (4) resulting injury.” Eastwood v. Super. Ct., 149 Cal. App. 3d 409, 417 (1983).


Badger

[spqrzilla]

No, the right to publicity or the right to commercial exploitation of one's image has nothing to do with being mentioned in a news report. Not applicable at all.

[sportbikeco]

What did you spill the beans about?

[rondog]

What did you spill the beans about?

Probably best not to mention it again.