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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112718
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A few months ago a friend and I had a falling out. I tried

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A few months ago a friend and I had a falling out. I tried to keep things civil and politely asked her to just leave me alone and wished her the best. Friday I started receiving text messages from men saying that I had contacted them on a dating website. My profile was hidden on that site and I had not been on the site since last July when I started dating my boyfriend. I got one text Friday, one Saturday and one this morning. I explained what I thought was going on and asked what the message he had received said and what color was my hair? He said it was blond and if he wanted to have a good time to call this number...my number. The woman was blond and my friend is a blond. I have red hair. I closed the account last night on the dating site but I don't know how many men she has given my number to pretending to be me. One concern is I graduate in July with an associates degree in Paralegal Studies. What she is doing is malicious and harmful to my reputation. What can I do. I live in Michigan and I couldn't find anything in Michigan Law.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under MI law,

445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.

Sec. 5.

(1) A person shall not do any of the following:

(a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following:

(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

(ii) Commit another unlawful act.

(b) By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information of another person to do either of the following:

(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

(ii) Commit another unlawful act.

(2) A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:

(a) That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information was used.

(b) That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.

(c) That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.

(d) That the person acted with the consent of the person whose personal identifying information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.

 

You can file a criminal complaint against her for harassment and identity theft in impersonating you on the site. You can also file a civil suit against her for damages and a restraining order from the court to prohibit her from engaging in such continued conduct.

 

 


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