Hamberger and his wife (plaintiffs) rented a house from Eastman (defendant). Eastman’s house was directly adjacent to Hamberger’s house. Unbeknownst to Hamberger, Eastman had placed an audio recording device in Hamberger’s bedroom. For nearly a year, Eastman listened and recorded the Hambergers’ conversations and intimate activities. After finding the recording device, Hamberger became greatly distressed, humiliated, embarrassed, and sustained mental suffering which impaired his mental and physical condition. Hamberger brought suit against Eastman for invasion of privacy. Eastman moved to dismiss the complaint for failure to state a claim. The trial court reserved judgment on the issue and transferred the case to the New Hampshire Supreme Court for review.