What to do if my business has been wrongly named as the defendant in a class action suit regarding telemarketing practices?

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What to do if my business has been wrongly named as the defendant in a class action suit regarding telemarketing practices?

The alleged business has a similar name to my business. I haven’t been served official court documents yet but have received solicitations from two practices who included the court documents with their letters. I am a very small business and can’t afford a law suit but can’t afford to ignore it either.

Asked on July 31, 2013 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contact plaintiffs' attorneys (the ones suing) and explain you are not the company they are seeking; providing any evidence that will support that statement, such as the address, name, etc. of the actual business they want to sue (if you know it), evidence showing that your business was not involved in whatever transactions or line of work they are suing about, etc.

If you are actually named in a lawsuit--that is, despite the above, they sue you--you may be able to get the case dismissed early, on a motion to dismiss or motion for summary judgment, but are advised to retain attorney to do this: it is not easy for a lay person to file these motions. You may also be able to seek attorneys' fees from the plaintiffs, for having brought a frivolous lawsuit against your business.

 


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