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Description

Appropriation of name or likeness.

Although privacy is often a common-law tort, most states have enacted statutes that prohibit the use of a person's name or image if used without consent for the commercial benefit of another person.

Appropriation of name or likeness occurs when a person uses the name or likeness of another person for personal gain or commercial advantage. Action for misappropriation of right of publicity protects a person against loss caused by appropriation of personal likeness for commercial exploitation. A person's exclusive rights to control their name and likeness to prevent others from exploiting without permission is protected in similar manner to a trademark action with the person's likeness, rather than the trademark, being the subject of the protection.

Appropriation is the oldest recognized form of invasion of privacy involving the use of an individual's name, likeness, or identity without consent for purposes such as ads, fictional works, or products.

"The same action – appropriation – can violate either an individual's right of privacy or right of publicity. Conceptually, however, the two rights differ".

Privacy Law Legislation.

The Fair Credit Reporting Act.

The Fair Credit Reporting Act became effective on April 25, 1971 and implemented limitations on the information that could be collected, stored, and utilized by agencies such as credit bureaus, tenant screenings, and health agencies. The law also defined the rights granted to individuals in regards to their financial information including the right to obtain a credit score; the right to know what information is in your financial file; the right to know when your information is being accessed and used; and the right to dispute any inaccurate or incorrect information.