Hi, my name is XXXXX XXXXX X will do my best to help,
I am sorry about the difficult situation in which this company has placed you,
" Is it worth suing them? The innacurate disclosures occurred in FL, CA and NY."
I am the last one to recommend filing a lawsuit. However, in your situation, there is much more at stake than just being denied apartments. As you know, the insurance industry is strictly regulated and the rules that agents must comply with are pretty stringent. If at any time a background check is ordered, they, too, will receive your background as having committed a felony. Of course you will be able to explain this, but the trouble and the embarrassment until the issue is resolved is just not worth the risk.
Additionally, in today's society where everything is disclosed on the internet, prospective clients may find this information on you and you will never know how much it has cost you in the way of business revenue.
Lastly, you would be doing a public service by filing a lawsuit against this reporting company because they disseminate information on individuals in a very cavalier approach and do not bother to double check their information. They ruin lives and careers needlessly because they are rarely sued and they have not had to pay for these mistakes, or answer to anyone on account of these mistakes. Just imagine how many other mistakes they have made with the background on other individuals who did not know the reason they did not get this job, that apartment, or denied credit because of these mistakes,
If I were in your position I would file a lawsuit against them,
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Andrea, you are welcome. It frosts me that these companies get paid to pull a public record, read it and interpret what it says. That's it, that is there job. Because this case was open for two years it generated 7 pages in a court abstract. The fact that three seperate times the same background check could not be bothered to read the report that they were paid to read is indicitive of 100% sloppy work. Of course I am embarrased for the trouble I got myself into, and after 30 years in my business and being the CEO of a large agency, it is embarrasing to have any criminal record. But to not be able to rent an aprtment is mortifying, I know look only at smaller buildings that don't run criminal checks because this has happened three times. I spoke with my attorney and I am going to file a suit in LA - it happened here and they are based here. It appears to fall under libel per se which in CA does not require you to prove monetary damages. Ill let you know how it turns out and again, thank you. I am generally against the filing of a lawsuits but I think your rational is correct and it probably is being done to many of thousands of people that don't realize it.
I meant what I said about being reluctant to file lawsuits, I am not litigious for many reasons, but in situation such as the one in which you find yourself, companies should not be allowed to get away with maligning someone's name and reputation. There is a Greek saying (I know it loses in the translation) "It is better to lose an eye, than to lose your name"; in other words, one's name and reputation in the community is of the utmost importance and in certain professions, including mine, your reputation is everything. Why should a company which hires incompetent people be permitted to ruin an individual's reputation which he worked so hard to achieve and get away without paying for the damage they have done to that individual's reputation?
Signing a client's name to a routine form is nothing; but a background check does not give details of the "crime". If I told you how many Attorneys I know who sign their clients' names and file them with the Court, you would be stunned.
I am glad you spoke to your Attorney and what they said is correct. There are certain instances where you have libel and slander per se and accusing someone of a crime is one of them. You do not have to prove damages, but you should be compensated for the embarrassment their mistake caused you. Please do keep me informed as to the progress of the lawsuit, I would be very interested in knowing how they plan to defend such a blatant disregard for due diligence in performing tasks for which they are paid.
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