Slander? Sorry its so long

[goosegirl]

What is the name of your state? Texas

Here's my situation: I lease an Executive suite for a side business that have. I mainly use the space to conduct seminars in the conferecne area. I have another business where I office daily.
The Exec office has someone that answers the phones from 9-5 as part of the service and puts them through to voicemail.

Here's the problem I have been out of town for a couple of weeks and several clients had been trying to reach me. When I got back yesterday a client called me very upset stating that he had talked to the leasing manager at my office and was told by him that I am delinquent on my rent, in default on my lease and that there is nothing in my office (there never was, by the way) and that I would be moving out at the end of the month.My client was very angry and was asking for the return of fees he has paid for my services in light of the situation.

I called the leasing manager and was told my rent for Aug 1 had not been recieved ( I mailed it on 8/4 before I left town) and that they did not tell my client tht information.

OK- I can understand that that hadnt recieved my check but to convey this info to my client-isnt that slander? This client has connections to several of my larger clients and this could cause my business great harm.

What do you think?

Thanks

 

[cbg]

Slander is FALSE statement.

If they had not received your check (which according to your own statement was mailed four days late) and if there truly was nothing in your office, what did they say that was false?

 

[stephenk]

pay your rent on time and you wont have this problem in the future.

 

[goosegirl]

Oh thanks so much for your insightful advice. The rent isnt the issue -it's the conveying of PRIVATE information. We do have privacy laws in this country. Half the tenants in the Exec suite dont have "anything" in the office the spaces are rented furnished!

So what your saying is that they are not in violation of anything by divulging false information about me moving from my space? I know under the Fair Debt Collection Practices law that you can NOT divulge any personal information to a third party or risk a lawsuit.

 

[cbg]

I asked you a question and you haven't answered it. What did they say that was false? There was nothing in the office, so it wasn't false to say that there was nothing in the office. You admit that they had not received the check, so it was not false to say that your rent was unpaid. So please explain; what was false?

 

[goosegirl]

That I was in default of my lease and that I was moving out (going out of business) How was I to know they didnt recieve my check-they never contacted me before speaking to my client

 

[cbg]

My point is that if they had not received your check, then at the time you WERE in default. And if your client couldn't get in touch with you, how could they?

It is not unreasonable for them to assume, when they do not have your rent check and your office is empty, that you are moving out.

 

[goosegirl]

Again-my office was ALWAYS empty-it was rarely used! I only used the conference facilities to conduct seminars and they( management) were well aware of that.
And-does being 8 days late on my rent constitute default on a lease-it was even 30 days past due?

And they didnt try to reach me-there was not a voicemail from them-and besides they have my other offcie number and my cell number.

They said they mailed a late notice-which went to THAT office

 

[cbg]

Look, I'm not saying that they acted either ethically or professionally. I'm saying that based on the facts you have posted, you do not have a claim for slander, which was your question.

 

[goosegirl]

Do I have a claim for the Privacy Act vilolation?

 

[cbg]

Sorry, outside my area of expertise. I am not an attorney, and never claimed to be. In my field, which is HR, I have to have at least a working knowledge of slander because of employment reference issues, but my only knowledge of FCRA is for the same purpose and I have no reason to know anything about the Fair Debt Collection Practices Act.

Someone else may come by who can answer your new question.

 

[stephenk]

"the Privacy Act"

What Privacy Act are you talking about?

 

[goosegirl]

http://www.epic.org/privacy/laws/privacy_act.html

 

[stephenk]

it doesnt apply to you or your situation.