Legal Question in Business Law in Oklahoma
Use of personal name in solicitation after employment ends
I worked for a finance company for four years. I tendered my resignation four months ago. The company is still sending out solicitation pieces with my name as Branch Manager on them. The company does not seem concerned about it, but I do not feel like they have the right to use my name since I am no longer an employee of the company. Please advise.
1 Answer from Attorneys
Re: Use of personal name in solicitation after employment ends
The company may be engaging in deceptive trade practices by use or identification of you in their solicitations. That industry is regulated and therefore you may want to contact the agency with oversight of their license. However, first I suggest you put it in writing to them that you object to use of your name;that they are to cease it immediately; and that you take steps including reporting the activity to the state agency, sue them to enjoin their use of your name and seek attorney fees and damages. One statute which may apply is set forth below. There are probably others.
Oklahoma Statutes Citationized
Title 15. Contracts
Chapter 20 - Consumer Protection
Consumer Protection Act
Section 753 - Unlawful Practices
Cite as: O.S. �, __ __
A person engages in a practice which is declared to be unlawful under the Oklahoma Consumer Protection Act, Section 751 et seq. of this title, when, in the course of the person's business, the person:
1. Represents, knowingly or with reason to know, that the subject of a consumer transaction is of a particular make or brand, when it is of another;
2. Makes a false or misleading representation, knowingly or with reason to know, as to the source, sponsorship, approval, or certification of the subject of a consumer transaction;
3. Makes a false or misleading representation, knowingly or with reason to know, as to affiliation, connection, association with, or certification by another;
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