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Defamation by a Company

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MsShauna

Member
What is the name of your state (only U.S. law)? GA;business inc in Arizona

I work as a nanny whileI finished school and studed for the real estate exam and me and the employers became friendly. She was new in town and I introduced them to my family. Well her daughted was murdered a couple years ago and she had a car that was in good shape so she gave the car to my mom provided that my mom pay for the repairs.

She was going through a bit of a financial mess with her job and said to get the title to the vehicle would be $75 to the car finance company which she said she would pay when her taxes came. I told her I would pay the $75.So I called her and told her I would drop off a the money and she told me to call it in over the phone using my credit card and she gave me the account number.

I called but the account had been inactive for so long I could not submit the payment using the automated system or through a representative so I was told to moneygram the payment then call back with the confirmation number. I did that and in the optional note section I put paying on behalf of the owner. A rep from the company called back and said the address that was on file was an unknown address. I explained that the apartments were brand new and that was probably the reason. He then called out my address and I explained that yes that is the billing address for the card but the title goes to the owner.

The other day I checked my mail and there was an unsealed envelope addressed to the owner of the vehicle from the company. I immediately called the account holder and his boss and told her I would be on the way to bring it to her. About 15 mins later she called me saying that I was the devil and I committed fraud which is a federal offense and I needed help for doing what I did. I asked what she was talking about and she said she called the company and the rep told her I had a man impersonate her husband to change the address of the title. I explained I only paid and I had no vested interest, motive, or anything I just paid the $75.

I called the company and spoke with a manager and she told me she did not see any of that and it says that I was a third party that paid and their system does not tell if the caller was a man or woman so she did not see how the rep could make that claim. She went on to say what is the big deal just forward the title to the owner. I told her I agree and was on my way to hand deliver the title. I asked why the title came to my address and she said more than likely because thats the address of the card. She spoke with the wife but the wife did not believe she was a manager at the company but gave me the extension of the rep she spoke with. I called the rep and he said he spoke to a man claiming to be the accountholder who paid off the account and changed the address.

I refuted him because I gave him the confirmation number. He asked what the big deal was and I told him he just cost me a job and a friend. He said I did do something fraudulent and he was a very busy man that needed to go and hung up in my face. Can I sue the rep or the company? I have basically be labeled a con artist. I have witness statements from 2 people that were sitting on the bed with me when I paid the fee and gave the confirmation number. The phone company told me to go to the police so I can get the phone records proving that the rep called me back.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA;business inc in Arizona

I work as a nanny whileI finished school and studed for the real estate exam and me and the employers became friendly. She was new in town and I introduced them to my family. Well her daughted was murdered a couple years ago and she had a car that was in good shape so she gave the car to my mom provided that my mom pay for the repairs.

She was going through a bit of a financial mess with her job and said to get the title to the vehicle would be $75 to the car finance company which she said she would pay when her taxes came. I told her I would pay the $75.So I called her and told her I would drop off a the money and she told me to call it in over the phone using my credit card and she gave me the account number.

I called but the account had been inactive for so long I could not submit the payment using the automated system or through a representative so I was told to moneygram the payment then call back with the confirmation number. I did that and in the optional note section I put paying on behalf of the owner. A rep from the company called back and said the address that was on file was an unknown address. I explained that the apartments were brand new and that was probably the reason. He then called out my address and I explained that yes that is the billing address for the card but the title goes to the owner.

The other day I checked my mail and there was an unsealed envelope addressed to the owner of the vehicle from the company. I immediately called the account holder and his boss and told her I would be on the way to bring it to her. About 15 mins later she called me saying that I was the devil and I committed fraud which is a federal offense and I needed help for doing what I did. I asked what she was talking about and she said she called the company and the rep told her I had a man impersonate her husband to change the address of the title. I explained I only paid and I had no vested interest, motive, or anything I just paid the $75.

I called the company and spoke with a manager and she told me she did not see any of that and it says that I was a third party that paid and their system does not tell if the caller was a man or woman so she did not see how the rep could make that claim. She went on to say what is the big deal just forward the title to the owner. I told her I agree and was on my way to hand deliver the title. I asked why the title came to my address and she said more than likely because thats the address of the card. She spoke with the wife but the wife did not believe she was a manager at the company but gave me the extension of the rep she spoke with. I called the rep and he said he spoke to a man claiming to be the accountholder who paid off the account and changed the address.

I refuted him because I gave him the confirmation number. He asked what the big deal was and I told him he just cost me a job and a friend. He said I did do something fraudulent and he was a very busy man that needed to go and hung up in my face. Can I sue the rep or the company? I have basically be labeled a con artist. I have witness statements from 2 people that were sitting on the bed with me when I paid the fee and gave the confirmation number. The phone company told me to go to the police so I can get the phone records proving that the rep called me back.
When you handed the title over, didn't that soothe things over? Seriously - the TITLE didn't change names.
 

MsShauna

Member
When you handed the title over, didn't that soothe things over? Seriously - the TITLE didn't change names.
My point exactly! Because the situation was so heated I had my mother deliver the title and she told my mom to keep the title because she did not want to misplace it!! All reasonable people think she is a bit unstable, but I was genuinely hurt at being called the devil and accused of something criminal when I was clearly doing a good deed. I absolutely adore the little boy but now that is ruined.
 

The Occultist

Senior Member
What is it you are hoping to gain legally? Are you going to set a price over the loss of the boy you used to watch and hope to take it from the office? What is your goal?
 

MsShauna

Member
What is it you are hoping to gain legally? Are you going to set a price over the loss of the boy you used to watch and hope to take it from the office? What is your goal?
Basically I've been deemed a criminal. I went to the police station and notified them of the situation because when she called me she said what I did was criminal and a federal offense. We have numerous police stations in this city so I'm not sure if she called the police or what. I called them to clear myself. The company's legal advisor called me because I made a formal complaint.

My dad used to tell me that the only real valuable thing a person has is their integrity. My integrity has been questioned and even after other persons in the company tried to explain to her that it was not true she did not want to hear it because she had already been told that I did something criminal.
 

quincy

Senior Member
No one likes to be falsely accused of criminal behavior, but there may not be enough here to support a defamation suit. In addition, these suits are notoriously expensive and often serve to expose defamatory statements to a wider audience, increasing the amount of reputational harm that may have already been suffered. Court actions also become public records accessible to future employers on a background check, which is something that needs to be considered before taking any matter to court.

You can always review the facts with an attorney in your area, but I am thinking, based solely on what you have posted here, that this may not be a matter worth the high costs of pursuing in court, nor would there be any guarantee of success.

Good luck.
 
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MsShauna

Member
Thank you! I've never been sue happy, but this bothered me really bad. I mean it may seem trivial to most but to listen to someone you genuinely care about call you a devil and other nasty things is heartbreaking. I may be overly sensative but I live my life doing the right things and treating people the way I would like to be treated.

I guess for now I will just have to wait and see if she got the police involved. I notified them myself and they said a detective would call me back. The supervisor of the company called me and said they were not seeking any criminal action because I did nothing criminal I clearly let them know I was a third party paying on behalf of someone else.

Thanks for all your responses!
 

quincy

Senior Member
I do not see this as a trivial matter. You have been falsely accused of committing fraud. That is defamation and it has affected your reputation with a friend and lost you a job.

Unfortunately, not all defamatory statements that are made and not all reputational injury that is suffered can support a defamation suit or be worth the high costs of pursuing in court.

I think making a complaint to the company was smart, and it may be that your complaint led to the dismissal of the representative who mishandled the matter. It may also be that your friend eventually realizes how unfair she was in accusing you of an illegal act and will apologize.

Whatever the case, and should you decide to take this further, you will want an attorney to review all of the facts. Even if the facts show a legal action against the representative of the company is possible, you should consider carefully what the possible results of any legal action may be. You must determine whether the possible benefits of a lawsuit will outweigh the possible costs.

If any police complaint is made (and I find the odds of that remote based on what you have posted here) then you probably will want the advice of an attorney in your area.

Your father, by the way, sounds like a wise man.

Good luck.
 

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