Legal Question in Business Law in California

Competitor uses false pretense/misrepresentation to obtain my personal info

Hello,

Recently, an unscrupulous business

competitor from California contacted an

institution that stores my personal

information, including my ''F1 status''

and employment authorization

documents. He intentionally

misrepresented himself to the

institution as a ''potential employer''

who needed to verify my visa status and

employment authorization. He wanted

to obtain this private information in

order to somehow get me deported,

thus eliminating his main competitor.

This person is so stupid that he faxed

the request to the institution on his own

company's official letterhead. (I have

obtained a copy of the fax directly from

the institution.) He signed and dated it.

He included his personal phone

number, with extension. And, of course,

his act of deceptive misrepresentation

with malicious intent is as clear as day

in his own writing.

Is what he did illegal? I would certainly

hope so. If it IS illegal, does anyone

know the specific law that he violated?

Do I have criminal and/or civil recourse?

I'm just disgusted that he would stoop

so low.

Thank you,.


Asked on 10/20/06, 10:46 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Competitor uses false pretense/misrepresentation to obtain my personal info

Sue the bastard. If your damages are $7500 or less, go to small claims court.

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Answered on 10/20/06, 11:17 pm
Terry A. Nelson Nelson & Lawless

Re: Competitor uses false pretense/misrepresentation to obtain my personal info

Advice to sue is sound, with the proof you have. The conduct is illegal, so you have grounds for recovery of general damages, and potentially punitive damages as well. Feel free to contact me if you decide you want legal help to do this right.

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Answered on 10/23/06, 4:33 pm
Claude Manookian Claude M. Manookian, Esq.

Re: Competitor uses false pretense/misrepresentation to obtain my personal info

You have several civil causes of action against the person and the business entity that did this to you. How you proceed largely depends on the damages you incurred as a result of this. If your total damages are less than $7500 then you need to file a small claims action against the person. So get all your evidence together and do so immediately. However, if your damages are in excess of $7500 you will need to seek counsel in your area.

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Answered on 10/21/06, 12:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Competitor uses false pretense/misrepresentation to obtain my personal info

I would equate this pretty much with "pretexting" that was being used by Hewlett-Packard to snoop into the private affairs of its outside directors. You should read everything available about the legal actions now being taken against H-P's recently-fired chairwoman of the board.

I'm pretty sure there is both a criminal and a civil action available. From your standpoint, its hard to say which should be preferred; maybe you'd want to pursue both, but certainly go for a civil lawsuit.

It's both a good and a bad thing that you caught him (or at least so I infer) before he actually used the information against you. You suffered no harm, but on the other hand, the damages for which you can sue and the number of causes of action are more limited.

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Answered on 10/21/06, 1:50 pm


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