TORTS-INVASION OF RIGHT OF PRIVACY BY POSTCARD ADVERTISING

To promote the sale of merchandise, defendant retail clothing store mailed a series of postcards to prospective customers, one of which was the plaintiff. The cards, in feminine handwriting, read, \u27\u27Please call WAbash 1943 and ask for Carolyn. Upon reading this the plaintiff\u27s wife, who had intercepted the card, concluded that her husband was having a clandestine love affair with another woman, and when the plaintiff was unable to explain Carolyn, she left him. Subsequent inquiry revealed that Carolyn was one of the defendant\u27s employees and that the card was an advertising stunt Plaintiff filed suit on the theory that mailing the card to him was an invasion of his right of privacy. Defendant\u27s demurrer to the complaint was sustained. On appeal, held, affirmed. The contents of the card could not reasonably be construed as having a salacious meaning and did not constitute an invasion of the plaintiff\u27s right of privacy. Perry v. Moskins Stores, (Ky. 1952) 249 S.W. (2d) 812