Texas Supreme Court Allows Recovery for an Unauthorized Wiretap Under the Theory of Invasion of Privacy
Davenport, Erwin D.
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Examines the Texas Supreme Court Case Billings v. Atkinson where the court held a cause of action for invasion of the right of privacy may be maintained in Texas. Further, the Billings court held that in the case of an unwarranted invasion of privacy, no physical injury need be shown in order to recover damages for mental anguish. The author notes that the Billings court did not go so far to adopt the other three categories of the tort (i.e., appropriation, public disclosure of private facts, and false light in the public eye). As a result, the author suggests that Billings is an affirmative step toward increased protection of the individual’s right to be let alone.