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Business identity theft

Discussion:
What is the name of your state? OH
A company has recently started using our name and trademark, and copied our designs, which they've posted at the website . Their customers are complaining to us for not having received products they ordered. This company has two toll-free numbers, both of which just quit working. VISA gave these customers our phone number, when we are in no way associated with this Texas-based company that is masquerading as us. It appears that this company has taken orders with no intent to fullfill them, and may be a fly by night type of operation that will close down. They never registered "New Jerusalem Jewelry" in the state of Texas, and they are using a PO Box, so it's probably impossible to catch them.
I'm not sure how much damage they can do, considering that they must have their own seperate bank account for collecting money. What's going to happen if a flood of customers request chargebacks after this fraudulent company closes their bank account? Can these chargebacks be directed to us simply for having the same business name? Is this a common problem?
Answer:
What is the name of your state? OH
A company has recently started using our name and trademark, and copied our designs, which they've posted at the website . Their customers are complaining to us for not having received products they ordered. This company has two toll-free numbers, both of which just quit working. VISA gave these customers our phone number, when we are in no way associated with this Texas-based company that is masquerading as us. It appears that this company has taken orders with no intent to fullfill them, and may be a fly by night type of operation that will close down. They never registered "New Jerusalem Jewelry" in the state of Texas, and they are using a PO Box, so it's probably impossible to catch them.
I'm not sure how much damage they can do, considering that they must have their own seperate bank account for collecting money. What's going to happen if a flood of customers request chargebacks after this fraudulent company closes their bank account? Can these chargebacks be directed to us simply for having the same business name? Is this a common problem? It's hard to say whether or not the banks will come after you to try and collect on the chargebacks -- but if they do, you'll need to make sure that you have kept all of your records, and can prove that you never received any of the orders, and that it was the other entity that took the orders. Gather up as much evidence as you can, just in cas the banks do try and hold your responsible.
Answer:
Thanks for the response divgradcurl.
We are looking for an attorney. We are based in Ohio, and the other party is in Texas. Do we need a Texas lawyer, or an Ohio lawyer?
Answer:
Thanks for the response divgradcurl.
We are looking for an attorney. We are based in Ohio, and the other party is in Texas. Do we need a Texas lawyer, or an Ohio lawyer? It depends. If you are looking for an attorney to defend yourselves in case the banks come after you, then you'll want an Ohio attorney. If you are looking to sue the other company, you'll need a Texas attorney.
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