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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16091
Experience:  Licensed Texas General Practice Attorney
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What is the penalty when your name is XXXXX XXXXX out your c

Resolved Question:

What is the penalty when your name is XXXXX XXXXX out your concent.
Submitted: 5 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 5 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It depends on a number of factors. Could you explain the situation a bit more? What was the name used for? By whom? Was it with fraudulent motives?

ScottyMacEsq :

Did you see my follow up question regarding your issue?

Customer:

I was told that I was the director of the facilaty that I work at, I was never told by any of the mangers that I held this position, until the State Board of Education came to inspect the facilty and told my college they were looking for me. This is when she told me I was the Director, so is what I would like to know is this considerd legal.

ScottyMacEsq :

Do you know what the reason would be for this assertion? Is it to avoid liability / culpability for some issue?

ScottyMacEsq :

And were you personally harmed as a result of this use of your name?

Customer:

I am The only person in this facilaty that has a certifacation to do this job; however, I do not get paid for this possition nor do I know if they are trying to avoid libilty, or culpabilty. I was not persanally harmd.

Customer:

I do feel abused, humilated, unrespected, and used

ScottyMacEsq :

For something to be "illegal" it can be criminal or civil. Most of the time when that term is used, it means criminal, but without any intent to defraud, there would be no crime (and thus no penalty). To be able to be a crime (fraud) that the perpetrator could be prosecuted for, the prosecutor would need to show that this was done with a specific intent to defraud the individual or organization that the assertion was made to. Without such proof of an intent, there would be no way to prove that a crime was committed.

ScottyMacEsq :

Now there's the possibility of a civil action, even without an intent to defraud.

ScottyMacEsq :

This is called "misrepresentation", but the only party that could recover would be the "injured" party as a direct and foreseeable result of that misrepresentation. That is, it would be the party that the assertion was made to, if that party was harmed.

ScottyMacEsq :

Now as to the subject of a false statement...

ScottyMacEsq :

There's "defamation" (slander is spoken defamation, and libel is written, both of which require the same elements).

ScottyMacEsq :

This would be the only cause of action that you, personally, could potentially recover anything, assuming that you would be able to make out the necessary elements in the cause of action.

ScottyMacEsq :

And to prove a case for defamation, you would need to show that a false statement of material fact was made to a third party, that caused you direct, foreseeable, economic harm.

ScottyMacEsq :

The main issue here is the economic harm that would need to be proven. Most of the time, it would be a lost job or some other quantifiable amount.

ScottyMacEsq :

Defamation almost never allows for "mental anguish" or "pain and suffering" damages, and even when those are available, they would only be available if you could prove actual economic damagse.

ScottyMacEsq :

*damages

ScottyMacEsq :

If you have not lost your job or incurred any actual expense or loss of money, unfortunately you would not be able to prove the damages element that would be necessary to prevail on a defamation claim.

ScottyMacEsq :

Again, it's possible that if the assertion was made with fraudulent motives, that the person that made the assertion could be charged with a crime. But that would be up to the prosecution, depending on the evidence available.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer:

The State of Colorado has my name in there data base as the director of this facilaty does that change any thing.

ScottyMacEsq :

No. The same elements would need to be proven (intent to defraud, economic harm, etc...) Now you can either (a) let the state know that you're not director, or were never told you were director and that's news to you, or (b) accept the role of director, with or without an increase in pay, etc... But assuming that no intent to defraud was there, then it's not criminal.

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