Identity theft fraud when someone uses credentials to advertise services, but does not give work to the person w/credentials?

Asked about 1 year ago - Los Angeles, CA

X has Special Skills. X worked for Y as independent contractor. Y advertised "all" services will be provided by someone with Special Skills, but does not mention X's name. X does not know Y is marketing services using X's credentials. Y does not have the Special Skills that X has. X is the only person on Y's staff that has Special Skills, but Y tells X he has other staff with Special Skills so X does not know. When Y gets inquiries from potential clients, Y sends X's work product as samples. Client signs up for Y's services assuming services will be provided by someone with Special Skills. After Client pays, Y provides services himself. X finds out from Client that Y used X's credentials, but not give work to X. Y tells X he didn't guarantee X work. What claims does X have against Y?

Attorney answers (2)

  1. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    Answered . Depends is the answer. How your credentials were used and how your name was used.
    Did the person profited by that action.How and when
    http://www.avvo.com/pages/show?category_id=6&pe...
    Other issues that can arise are Invasion of privacy and false advertisement .

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . I am not sure that X has any claims against Y.
    Y's customers might have claims against Y.
    But, if Y is agreeing to provide a specific product to customers, and then actually provides that product, it seems to me that Y does in fact have the skills necessary to provide the product.
    Perhaps X has some claim against Y for showing customer's X's work product, but if Y paid X for that work product, Y would probably have the right to use that work product in any way he likes.

Related Topics

Criminal charges for theft

Theft is taking someone's property without his or her consent. Theft includes, but is not limited to, shoplifting, taking someone's mail, and stealing a car.

Criminal charges for fraud

Fraud is a white collar crime in which someone deceives another to secure unlawful or unfair benefits, such as financial or political gain.

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