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

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?

Los Angeles, CA -

Attorney Answers (2)

Athina Karamanlis Powers

Athina Karamanlis Powers

Fraud Lawyer - Beverly Hills, CA
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
Nicholas Basil Spirtos

Nicholas Basil Spirtos

Construction / Development Lawyer - Montclair, CA
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.

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