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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23596
Experience:  Active member of the NYS bar since 1989
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I work company X. We received an email froma person

Customer Question

Hi, i work for a company X. We received an email froma person that was a victim of an email fraud. The attacker used our company name to extort money from the victim. As soon as we received the email we filed a complaint with the internet crime complaint center and ftc. However, what else can we do legally sincethe attacker used in this email also our logo and name? What should we do next?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
You may want to consider posting a warning on your website that it has come to your attention that your company name and logo has been used in internet scams and asking consumers to contact your company directly if they receive unsolicited contact from someone claiming to be from your organization.
You can also report this to the Better Business Bureau so that they put an alert on your business profile.
Other than that, if the identity of the scammer is found, you can sue him or have him prosecuted for the use of your name and logo and for identity theft. But that's likely to be a job for law enforcement.
Customer: replied 1 year ago.
But, if I put alert on BBB would not that damage my company reputation? Also I am not sure if I can sue them for identity theft? Is not this just misrepresentation of the business?
Expert:  Zoey, JD replied 1 year ago.
If you've already been favorably reviewed by the BBB, the BBB can add an alert on your review advising consumers to make sure that they are dealing with the real company when they contract with you. If you feel that would damage your reputation, there's no need to do it, of course. I have seen many companies on the BBB site that do reach out to warn consumers in that way when their name and logo have been abused, and others, like publisher's clearing house, whose name is ***** ***** in contest scams, who don't.
You can prosecute for identity theft. You can sue for fraudulent misrepresentation of your business.
Customer: replied 1 year ago.
But in any event we need to wait gor the law enforcement to do the investigation correct! I am sorry but what is the difference between prosecution of identity theft and suing for misrepresentation. We are in NYC, so basically we can sue for misrepresentation after the investigation is done. I just got confused with the prosecution of ifentity theft concept. i thought identity theft implies theft to individuals.
Expert:  Zoey, JD replied 1 year ago.
Wrongs can be addressed in both criminal and civil venues. Some types of offenses lend themselves to criminal court and others to civil suits, but both possibilities are open to litigants.
Prosecution involves the criminal justice system, while bringing suit involves civil law. Identity theft is a criminal offense in which someone uses false identifying information in order to get something of value for himself he would not otherwise be entitled to. It's a variation of theft by fraud.
In either case. you can't effectively sue anyone or get anyone prosecuted, when you don't know who or where the defendant is. That is, you can bring a John Doe suit (name to be filled in later if/when you get it) and even get a civil judgment, but it's meaningless if you never find the person who used your business name and logo.