Practice Area: Invasion of Privacy and Personal Injury
Location: Plainfield, Indiana
Attorney: Mark Nicholson
Result: Settlement with H&M

The Situation

Our client visited the H&M store in Plainfield, Indiana, to shop for bathing suits. While she was completely undressed inside a women's fitting room, she saw a red iPhone positioned beneath the dressing-room door and pointed toward her.

After quickly getting dressed, she exited the fitting room and saw a male H&M employee walking away. According to the publicly reported court documents, the employee later admitted to police that he had used his phone to record an approximately eight-second video of her. He reportedly deleted the recording and acknowledged that he knew his actions were wrong.

The employee was subsequently charged with Level 6 felony voyeurism. Our client also reported that an H&M manager discouraged her from immediately calling 911 after she discovered what had happened.

Our Strategy

Attorney Mark Nicholson represented the client in pursuing civil claims arising from the employee's conduct and the circumstances surrounding H&M's response to the incident.

The case focused on the profound violation of privacy that occurs when a customer is secretly recorded while undressed in a fitting room, as well as the emotional and psychological harm our client experienced afterward.

The Result

H&M agreed to settle the case, providing our client with compensation and bringing the civil matter to a successful resolution.

Why This Case Matters

Customers have a reasonable expectation of privacy when using a retail fitting room. Secretly recording someone while that person is undressed is not merely humiliating; it can cause lasting anxiety, emotional distress, and a loss of personal security.

This case demonstrates that victims of dressing-room voyeurism can pursue civil accountability in addition to any criminal charges brought against the person responsible.