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Assumed human business names

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greghymen

Junior Member
My state is California

I am currently running several consulting companies under assumed names and I have been introducing myself with the fake names, none of which are really me.

I want to know if this constitutes fraud? The services are totally legitimate... It's purely a niche marketing tactic because my customers don't usually understand what the service they are requesting entail, so they often go out looking for a specific specialist in the trivial subset of knowledge actually required to deliver the product they want. It only differs from conventional niche marketing in that my product is a service and the company names are human names.

I understand that it's perfectly legal to have one entity operating under different assumed name, which can even be persons' names. But everything I read about the legality makes mention to "maybe being able to introduce yourself as the person" but never explains the actual conditions involved...


More info...
I am a software engineer. Any good engineer knows that the right way to do things is to learn as much as possible, and always select the right tool for the job. In fact devotion to particular technology is considered the height of naivety. However, I noticed a long time ago that businesses don't get that. They identify a particular problem that needs solving and look for a narrow specialist from their perspective who can get the job done. They feel as if they are paying just for what they need. The problem is that almost every actual project incorporates many many different technologies, and engineers showcasing their broad skillsets, appear to the consumer as a generalist without the precise skills for their specific task.

So what happens is the customer find someone who has either accepted downplaying their abilities and focusing on one product, but more often they find someone with limited knowledge, that actually delivers poor results because he doesn't know how to build software in general, he just understands some trivial framework or language well enough to sound informed.


There is another condition. Sometimes I get overloaded with work and I subcontract it out to other engineers at a lower rate. I don't usually tell the customer, I just make it look as if I'm doing it, but in that circumstance I'm just acting as a middle-man manager, taking and reporting status while ensuring quality and filling in the gaps myself.

Can I pretend to be many different people or not?


Thanks!
 
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Zigner

Senior Member, Non-Attorney
My state is California

I am currently running several niche consulting companies under assumed names and I have been introducing myself with the fake names, none of which are really me.

I want to know if this constitutes fraud? The services are totally legitimate... It's purely a marketing tactic because my customers don't usually understand what the service they are requesting entail, so they often go out looking for a specific specialist in the trivial subset of knowledge actually required to deliver the product they want.

I understand that it's perfectly legal to have one entity operating under different assumed name, which can even be persons' names. But everything I read about the legality makes mention to "maybe being able to introduce yourself as the person" but never explains the actual conditions involved...

Can I pretend to be many different people or not?


Thanks!
You are right on the line. While what you are doing may not quite be fraud, it's so close that one misstep can put you over the line. Consult with an attorney.
 

JETX

Senior Member
Can I pretend to be many different people or not?
It depends. First, you cannot enter into ANY contracts under an assumed name. You are required to sign contracts in your REAL name.... such as:
John Smith, d/b/a WeScamYou or similar.

If your name is John Smith, you can't sign contracts as Bill Johnson (or any other individual name).

Second, ANY name you use in business other than your own MUST be registered with your county or state (depends on state laws). You can't just make up names as you go along.
 

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