Q: A law firm mistook my company for one they are trying to collect from, can i demand that they remove my contact info?
First they called me directly over the summer, it took me only a few minutes to understand the mistake and point them to the correct company online. they promised to correct their case info. now they are contacting business associates of mine with std collections threats, to many email addys in my domain. i've called them to point out the error again and they acknowledge it, but when I asked for confirmation by email that we are removed from their records they ignore my request. i am certain this will continue. they are literally hurting my reputation in my business circles. what can I do? is this slander? it feels like it. thanks!
A: In California, if a law firm is mistakenly pursuing your company instead of the actual debtor, their actions could potentially expose them to liability. Mistakenly targeting the wrong entity can be considered a violation of the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act, which protect against unfair, deceptive, or abusive practices in debt collection. Moreover, if their false claims are communicated to third parties, it could be grounds for a defamation claim. Given their repeated errors and potential harm to your reputation, you should consider sending a formal cease-and-desist letter, documenting their mistakes and demanding a correction. If the behavior persists or your reputation suffers demonstrable harm, you may have a basis to file a lawsuit. It's important to keep records of all communications and gather evidence of any reputational harm. Consulting with an attorney to assess the strength of your case and guide you through the process is advisable.
A: Because you are a business and not an individual, the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act do not apply. You can continue to dispute the continued collection efforts on your own (preferably in writing), or you can hire an attorney to send them a cease and desist. Defamation is not an easy case to file and you will certainly need an attorney to represent you as a business must have an attorney to represent them in court. So before you spend time and money on a lawsuit, see if hiring an attorney to prepare a cease and desist does the trick.
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